1950 December Council ProceedingsRegular Session, December 4, 1950 605
is
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~i ,~ ~ ~ ~ ,, ~ ~ ~ WHEREAS all sealed bids were
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(O~~ICiAL) and received as follows:
Regular Session, December 4th, No open bids and thereafter such
1950, sealed bids were opened, the sub-
Council met at 7:30 P,M, stance of the best sealed bid being
Present -Mayor Welu, Coun- as follows.
cilmen Austin, Kolb, Russo, Schuel- par and interest accrued to de-
ler, City Manager Rhomberg. livery date, plus a premium of
Mayor Welu stated that this is $25,00, interest at the rate of 17-8
the regular monthly meeting of percent per annum.
the City Council for the purpose NOW, THEREFORE, Be It Re-
of acting upon such business as solved by the City Council of the
may properly come before the City of Dubuque, Iowa, as follows:
meeting. Bastion 1. That upon being ad-
Proof of publication, certified to vised in the premises, it is hereby
by the publishers, of notice of determined that the bid of Vieth,
sale of water revenue bonds in the Duncan & Wood, Davenport, Iowa
amount of $100,000,00 presented and Carleton D. Beh Co., D e s
and read. Councilman Russo moved Moines, Iowa, for the purchase of
that the proof of publication be said Water Revenue Bonds, as ad-
received and filed. Seconded by vertised, is the highest and best
Councilman Kolb. Carried by the bid received and that said bonds
following vote: bearing interest at the rate of one
Yeas - Mayor Welu, Council- and seven•eighths per cent (1 7.8
men Austin, Kalb, Russo, Schuel- percent) per annum be and the
ler. same are hereby awarded to said
Nays -None. Vieth, Duncan & Wood, Daven-
Bids were then called for the port, Iowa and Carleton D. Beh
sale of $100,000, water revenue Co., Des Moines, Iowa.
bonds. No open bids received, Section 2. That the form of
whereupon the following sealed agreement of sale of said bonds
bids were opened and read: The to Vieth, Duncan & Wood, Daven-
White-PhIllips Co,, Inc., Par value port, Iowa and Carleton D, Beh
and accrued interest to date of Co., Des Moines, Iowa be and the
delivery, two percent interest cou- same is hereby approved, and the
pons, and in addition thereto a Mayor and City Clerk are hereby
total premium of $50,00; Quail & authorized to execute said agree-
Par value and accrued interest,
Co, went for and on behalf of the
,
two percent interest coupons, and City of Dubuque, Iowa, and to af-
no premium; Vieth, Duncan & fix the corporate seal of said City
Wood, Davenport, Iowa and Carle- Thereto.
ton D. Beh Co., Des Moines, Iowa, Section 3. That all resolutions or
- Par and accrued interest to de- parts of said resolutions in con-
livery date, one and seven-eighths flirt herewith be and the same
percent interest coupons and a are hereby repealed.
.premium of $25.00. Introduced December 4, 1950,
RESOLUYIO~@ ~®. 35aa5®. Councilman Russo moved that
R~SOLUilOh9 providing for the the resolution be approved a n d
sale and award of $100,000 Water placed on file with the City Clerk
Revenue Bonds and approving and far public inspection pending final
authorizing the agreement of such adoption, Seconded by Councilman
sale and award. Austin. Carried by the following
* ~ *
WHEREAS notice of sale of vote:
Yeas -Mayor Welu, Council-
Water Revenue Bonds of the City men Austin, Kolb, Russo, Schuel-
of Dubuque, Iowa, in the amount ler. ,
of $100,000. has heretofore been
given in strict compliance with the Nays -None.
Proof of publication, certified to
provisions of Chapter 75 of the by the publishers, of notice of
suance of W a t e r
i
f
Code of Iowa by publication of
e
i s
or
meeting
Revenue bonds in the amount of
v
notice for two or more success
weeks in at least one newspaper $100,000.00, presented and read.
located in Dubuque County; and Mayor Welu moved that the proof
v
~-;
t
606 Regular Session, December 4, 1950
of publication be received a n d
filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
RESOLUTION N0. 353.50.
A RESOLUTION authorizing
and providing for the issuance and
securing the payment of $100,000,
Water Revenue Bands of the City
of Dubuque, Iowa, under the pro-
visions of Section 397.10 et seq,
of the Code of Iowa, for the pur-
pose of defraying the cost of im-
provements and extensions to the
municipal improvements and ex-
tensions to the municipal water-
works in and for said City and
providing for the collection, segre-
gation and distribution of the rev-
enues of said municipal water-
works,
~ ~:
WHEREAS the City of Dubuque,
in Dubuque County, Iowa, did here-
tofore in the year 1900, pursuant
to an election theretofore held,
establish a municipal waterworks
in and for said City which has
continuously supplied water to
said City and its inhabitants since
its establishment as aforesaid, and
said municipal waterworks is man-
aged and controlled by the City
Council; and
WHEREAS it is necessary and
desirable that improvements and
extensions to said municipal water-
works be constructed, the costs
whereof are estimated to be not
less than $100,000, for which pur-
pose it is necessary that said City
issue revenue bonds payable from
and secured by the net earnings of
said municipal waterworks as auth-
orized and permitted by Section
397.10 et seq, of the Code of Iowa,
and said City presently has no
bonds or other obligations out-
standing which are payable from
or are secured by said net earn-
ings; and
WHEREAS a notice of the in-
tention of this Council to take ac-
tion for the issuance of $100,000.
Water Revenue Bonds of said City
has heretofore been duly publish-
ed and no petition setting forth
objections to such proposed ac-
tion has been filed in the office of
the City Clerk:
NOW, THEREFORE, Be It and
It Is Hereby Resolved by the City
Council of the City of Dubuque,
Iowa, as follows:
Section 1. That for the purpose
of defraying the cost of improve-
ments and extensions to the muni-
cipal waterworks there be a n d
there are hereby authorized to be
issued the negotiable interest bear-
ing revenue bonds of said City of
Dubuque, in the principal amount
of $100,000 each of which shall
be known and designated as a
"Water Revenue Bond," bearing
date of December 1, 1950, of the
denomination of $1,000 each, and
bearing interest at the rate of one
and seven-eighth per cent (1 7-8
percent) per annum until paid or
called for payment as hereinafter
provided, such interest being pay-
able semiannually on June 1 and.
December i of each year, Said
bonds shall be numbered consecu-
tively 1 to 100, inclusive, and shall
mature in numerical order $30,000
on December 1, 1952, and $35,000
on December 1 of each of the
years 1953 and 1954; provided,
however, that the right is reserved
by said City to call and redeem
bonds numbered 31 to 100, in-
clusive, upon terms of par and
accrued interest, prior to maturity,
in whole, or from time to time
in part in the inverse order of
their numbering, on any interest
payment date on or after Decem-
ber 1, 1952, and in the event any
of said bonds are to be so re-
deemed, notice identifying same
will be given by publication at
least once not less than thirty days
prior to the redemption date in a
newspaper of general circulation
throughout the State of Iowa. Both
principal and interest of said bonds
shall be payable in lawful money
of the United States of America
at the office of the City Treasurer
in and of the City of Dubuque,
Iowa. All of said bonds and the
interest thereon, together with
any additional bonds ranking on a
parity therewith as may be issued
and outstanding under the condi•
tions and restriction hereinafter
set forth with respect to the is-
suance of such additional bonds
payable from the revenues of said
waterworks, shall be payable solely
Regular Session, December 4, 1950
607
from the bond and interest redemp-
tion sinking fund hereinafter creat-
ed, and shall be a valid claim of
the holder thereof only against
said fund, and none of said bonds
shall be a general obligation of
said City now payable in any
manner by taxation, but said bonds
and such additional bonds as may
be issued on a parity therewith
shall be payable, both as to prin-
cipal and interest, solely and only
from the future net earnings of
said waterworks pledged therefor
as hereinafter provided, and under
no circumstances shall said City
be in any manner liable by reason
of the failure of the net earnings
of the municipal waterworks to
be sufficient for the payment in
whole or in part of said bonds
and interest thereon,
Section 2. That said bonds and
coupons shall be in substantially
the following form:
(Form of Sond)
UNITED STATES OF AMERICA
STATE OF IOWA
COUNTY OF DUBUQUE ....
CIT°( O'r I)UEUQUE
WATER REVENUE 6ONO
Number - $1,000
THE CITY OF DUBUQUE, in
the County of Dubuque, and State
of Iowa, for value received, prom-
ises to pay to bearer, in the man-
ner hereinafter specified, the sum
of One Thousand Dollars ($1,000)
on the first day of December
19 -, with interest on said sum
from the date hereof at the rate
of one and seven-eighth per cent
(1 7-8 percent) per annum, pay-
able semiannually on the first days
of June and December in each
year until paid, except as the
provisions hereinafter set forth
with respect to prior redemption
may be and became applicable
hereto, on presentation and sur-
render of the interest coupons
hereto attached as they severally
become due; both principal and
interest being payable in lawful
money of United States of America
at the office of the City Treasurer
in and of the City of Dubuque,
Iowa.
This bond and the series of
which it is a part are issued by
said City pursuant to the provi-
signs of Section 397.10 et seq. of
Chapter 397 of the Code of Iowa,
1950, and all other laws amenda-
tory thereof and supplemental
thereto, and in conformity with a
resolution of the City Council of
said City duly and finally passed
on the ....... day of December,
1950.
This bond is one of a series of
bonds of like tenor and date
(except maturity), numbered from
1 to 100, inclusive, issued far
the purpose of defraying the cost
of improving and extending the
municipal waterworks in and for
said City, and is not a general
obligation of said City, but this
bond and the series of which it
farms a part, together with such
additional bonds as may be issued
and outstandrng from time to time
on a parity therewith under the
conditions and restrictions s e t
forth in said resolution, are pay-
able solely and only out of the
future net earnings of said munici-
pal waterworks which are pledged
for that purpose, This bond is not
payable in any manner by taxation
and under no circumstances shall
the City of Dubuque be in any
manner liable by reason of the
failure of the said net earnings to
be sufficient for the payment of
this bond and the interest hereon.
The right is hereby reserved
by said City of Dubuque to call
and redeem bonds of said issue
numbered 31 to 100 inclusive, upon
terms of par and accrued interest,
prior to maturity, in whole, or
from time to time in part in the
inverse order of their numbering,
on any interest payment date on
or after December 1, 1952, and
in the event any of said bonds
are to be so redeemed notice iden-
tifying same will be given by pub-
lication at least once not less than
thirty (30) days prior to the re-
demption date in a newspaper of
general circulation throughout the
State of Iowa. All such bonds thus
called for redemption and for the
reitr~ement of which funds are duly
provided will cease to bear inter-
est on such redemption date,
And it is hereby certified, recit-
ed and declared, that all acts, con-
ditions and things required t o
exist, happen and be performed
precedent to and in the issuance
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608 Regular Session, December 4, 1950
of this bond and the series of
which it is a part, have existed,
have happened and have been per-
formed in due time, form and
manner, as required by law, and
that the issuance of this bond does
not exceed or violate any constitu-
tional or statutory limitation or
provision.
IIQ TESTIMONY WHEREOF,
said City of Dubuque, by its City
Council; has caused this bond to
be signed by its Mayor and at-
tested by its City Clerk, with the
seal of said City affixed, and the
coupons hereto attached to be
executed with the facsimile signa-
ture of the said City Clerk, which
official by the execution of this
band, does adopt as and for his
own proper signature his facsimile
signature appearing on said coup-
ons this first day of December,
1950.
Mayor
Attest;
City Clerk.
(Farm of Coupon)
No......... $ ... .
The Treasurer of the City o f
Dubuque, Iowa, will pay to bearer
out of the future earnings of its
municipal waterworks ....................
Dollars ($ ........) on .......
....., 19...., at the office of
the City Treasurer, Dubuque, Iowa,
as provided in and for semiannual
interest then due on its W a t e r
Revenue Bonds, dated December
1, 1950, Number .......
City Clerk
(There shall also be printed in
bold face type across the face of
each of said bonds the fallowing
provision:)
"This band is not a general obli•
gation bond nor payable in any
manner by taxation, but is pay=
able only from the net earnings
of the municipal waterworks of
the City of ®ubuque, Iowa,'
On the back of each bond there
shall be printed the certificate of
the City Treasurer in the follow-
ing form:
"The issuance of this bond has
been duly and properly registered
in my office as of the first day
of December, 1950.
Treasurer of the City of Dubuque,
Iowa:'
Section 3. That said bands shall
be signed by the Mayor and at•
tested by the City Clerk, with the
seal of the City affixed, and the
interest coupons attached thereto
shall be executed by said City
Clerk by his facsimile signature,
and said official, by the execution
of said bonds shall adopt as and
for his own proper signature his
facsimile signature appearing on
such coupons, When and as execut-
ed said bonds shall be delivered
to the City Treasurer to be by
him duly registered as to issuance
as provided by law, and said Treas-
urer shall sign the certificate here-
inbefore set out in Section 2., and
endorsed upon the back of each of
said bonds and deliver said bonds
to the purchaser thereof upon pay-
ment of the purchase price, same
being at least par and accuued in-
terest, and the proceeds received
by the sale of said bonds, exclusive
of accrued interest, shall be ap-
plied to defraying the cost of im-
provements and extensions to the
municipal waterworks of said City.
Any unexpended balance of the
proceeds of the bonds hereby auth-
orized remaining after the comple-
tion of the improvements and ex-
tensions shall be converted into
the "Water Revenue Bond Sinking
Fund," hereinafter created. All ac-
crued interests as may be received
from the sale of the bonds hereby
authorized shall be converted into
said "Water Revenue Bonds Sink-
ing Fund,"
Section 4. That upon the issu-
ance of the bonds hereby authoriz-
ed and thereafter so long as any
of said bonds or any additional
bonds ranking on a parity there-
with are outstanding said munici-
pal waterworks shall be operated
as a revenue producing undertak-
ing. The rates charged by the City
of Dubuque, Iowa, to customers of
the municipal waterworks, includ-
ing the municipality, shall be such
reasonable rates within the follow-
ing maximum rates as will be suf-
ficient to pay for the operation
and maintenance of said water-
works and the principal of and in-
Regular Session, December 4, 1950 609
terest on the bonds herein author-
ized as they mature. The maxi-
mum monthly rates that need be
charged for services rendered by
said waterworks are hereby deter-
mined to be as follows:
First 1,000 cubic feet per month
at 54 cents per hundred cubic feet
Next 1,OD0 cubic feet per month
at 44 cents per hundred cubic feet
Next 1,000 cubic feet per month
at 34 cents per hundred cubic feet
Next 7,OD0 cubic feet per month
at 28 cents per hundred cubic feet
Next 5;OD0 cubic feet per month
at 26 cents per hundred cubic feet
Next 10,000 cubic feet per
month at 24 cents per hundred
cubic feet
Next 25,000 cubic f e e t p e r
month at 22 cents per hundred
cubic feet
Next 50,000 cubic feet p e r
month at 18 cents per hundred
cubic feet
Balance at 14 cents per hundred
cubic feet.
From and after the issuance of
the bonds hereby authorized, the
income and revenues of said water-
works shall be set aside into a
separate and special fund and shall
be used in maintaining and operat-
ing said works, and after payment
of the proper and necessary main-
tenance and operation expenses
shall, to the extent hereinafter
provided, be used to pay the prrin-
cipal of and interest on the bonds
as herein authorized and any addi-
tional bonds ranking on a parity
therewith as may be issued and
outstanding under the restrictions
and conditions specified in Section
6 hereof. There shall be and there
is hereby created, and there shall
be maintained an account to be
known as the "Water Revenue
Band Sinking Fund," into which
there shall be set aside from the
future net earnings of said works
such portion thereof as will be suf-
ficient to pay the interest upon
and principal of such bonds at any
time outstanding as the same be-
comes due, and it is hereby deter-
mined that the mininum amount
to be so set aside into said sinking
fund during the periods of twelve
months preceding December 1 of
each yer shall be not less than
as follows:
A sum equal to 100 percent of
the principal of all bonds maturing
on such succeeding December 1,
plus a sum equal to 100 percent
of the interest becoming due on
and prior to such December 1 on
all of said outstanding bonds; pro-
vided, that until there has been
accumulated in such Sinking Fund
as a reserve an amount equal to
interest for two (2) years on the
bonds outstanding the amounts
to be so set apart and paid shall
be 110 percent of said principal
and interest, instead of 1D0 per-
cent; and provided also, that no
further payments need be made
into said Sinking Fund when and
so long as the amount therein
is sufficient to retire all of said
bonds then outstanding and pay
all interest to become due thereon
prior to such retirement.
Such payments into said sinking
fund shall be made in equal month-
ly installments on the first day of
each month, except that when the
first day of any month shall be a
Sunday or a legal holiday then
such payments shall be made on
the next succeeding secular day.
Such sinking fund shall be used
solely and only and is hereby pledg-
ed for the purpose of paying the
interest on and principal of said
bonds and for no other purpose.
If at any time there be a failure
to pay into said sinking fund the
full amount above stipulated, then
an amount equivalent to the de-
ficiency shall be set apart and paid
into said sinking fund from the
net earnings of said system as soon
as available, and the same shall be
in addition to the amount other-
wise required to be so set apart,
and paid into said sinking fund,
All moneys held in said Water
Revenue Bonds Sinking Fund shall
be deposited in banks and a 11
such deposits exceeding $10,000 in
any one bank shall be continuous-
ly secured by a valid pledge of
direct obligations of the United
States Government having an
equivalent market value or may
be invested in direct obligations
of the United States Government;
provided, however, that sale shall
be made of a sufficient amount of
I such obligations in the event that
t :,
610 Regular Session, December 4, 1950
it shall prove necessary to draw
upon said reserve so invested,
Any balance of the net earnings
in excess of the payments herein-
before specified to be made into
said Water Revenue Bond Sinking
Fund shall be available to the City
as the Council may from time to
time direct, and whenever and so
long as the amount in said sink-
ing fund is equal. to the entire
amount of the interest and prin-
cipal that will became due on all
of the bonds outstanding, then no
further payments need be made
into said sinking fund,
Section 5. That the City of Du-
buque hereby covenants and agrees
with the holder or holders of said
bonds, and any of them that may
from time to time be outstanding,
that it will faithfully and punctual-
ly perform all duties with refer-
ence to the municipal waterworks
required and provided by the Con-
stitution and Laws of the State of
Iowa and will segregate the rev-
enues of said works and make ap-
plication therefore in accordance
with the provisions of this resolu-
tion.
Section 6. The Bonds here-
by authorized and from time to
time outstanding shall not be en-
titled to priority or preference,
one over the other, in the applica-
tion of the net earnings of said
municipal waterworks securing the
payment, regardless of the time or
times of the issuance of such
bonds, it being the intention that
there shall be no priority among
the bonds authorized to be issued
under this resolution regardless of
the fact that they may have been
actually issued and delivered at
different times, Said City hereby
covenants and agrees that so long
as any of the bonds issued pur-
suant to this resolution are out-
standing and unpaid no other bond
or obligations payable from the
net revenues of said waterworks
will be issued except upon t h e
basis of such additional bonds or
obligations being subject to the
priority as to security and pay-
ment of any of the bonds herein
authorized which are then outstand-
ing; provided, however, that said
City hereby reserves the right and
privilege of issuing additional
bonds from time to time payable
from the same source and ranking
on a parity with the bonds herein
authorized in order to pay the
cost of future improvements and
extensions to said waterworks, but
only if the officially reported net
revenues of said waterworks for
the last preceding calendar or fis-
cal year prior to the issuance of
such additional bonds was equal to
at least one and one-fourth times
the total of (1) the maximum
amount of principal and interest
that will become due in any cal-
endar year on the bands then out-
standing under the terms of this
resolution and (2) the maximum
amount of principal and interest
falling due in any calendar year
prim to the last year in which
any of the bonds issued pursuant
to this resolution mature on the
,bonds then proposed to be issued,
and provided also that the interest
payment dates for any such addi-
tional bands shall be semiannual-
ly on June 1 and December 1 of
each year, and the principal
maturities of such additional bonds
shall be on December 1 of any
year in which any of such prin-
cipal is scheduled to become due.
The term "net revenues" is de-
fined as gross revenues less opera-
ting expenses which shall include
salaries, wages, cost of mainten-
ance and operation, materials and
supplies, pumping costs, and in-
surance, as well as all other items
as are ,normally included under
recognized accounting practices,
but shall not include allowance
for deprecication in the value of
physical properties.
Section 7. That for the further
security of the bands herein
authorized and the coupons thereto
attached, a lien is hereby recog-
nized and declared to be valid and
binding upon the improvements
and extensions paid for through.
the issuance of the bonds hereby
authorized, which lien shall take
effect immediately upon, the deliv-
ery of any of said bonds. In the
event of a default in any of the
terms of this resolution, said lien
may be enforced and foreclosed
for the use and benefit of all of
said bonds then outstanding in
the manner provided by the laws
of the State of Iowa for the en-
forcement and foreclosure of chat-
Regular Session, December 4, 1950 611
tel mortgages and it is hereby
specifically agreed that all im-
provements and extensions to the
municipal waterworks constructed
through the issuance of the bonds
herein authorized shall be and re-
main chattels and never be re-
garded as fixtures or become a
part of the real estate upon which
located even though attachedthere-
to, The City Clerk is hereby auth-
orized and directed to file a certi-
fied copy of this resolution in the
office of the County Recorder of
Dubuque County and cause the
same to be there duly recorded
:for the purpose of evidencing such
lien and giving notice of the record
thereof.
Section 8. The City of Dubuque
agrees that so long as any of the
bonds hereby authorized remain
outstanding it will maintain insur-
ance for the benefit of the holders
of the bonds issued hereunder of
a kind and in an amount which
usually would be carried by pri-
vate companies engaged in a simi-
lar type of business and that it
will keep proper books of records
and accounts, separate from all
other records and accounts, show-
ing complete and correct entries
of all transactions relating to said
waterworks, and that the holders
of any of said bonds shall have
the right at all reasonable times to
inspect the system and all records,
accounts and data of the said City
relating thereto.
Section 9. The provisions of this
resolution shall constitute a con-
tract between the City of Dubuque
herein authorized to be issued as
may from time to time be out-
standing and after the issuance
of any of said bonds no change,
variation or alteration of any kind
of the provisions of this resolution
shall be made until all of said
bonds issued hereunder and inter-
est thereon shall have been paid
in full,
Section 10. If any section, para-
graph, clause or provision of this
resolution shall be held invalid,
such invalidity shall not affect any
of the remaining provisions hereof
and this resolution shall become
effective immediately upon its
passage and approval,
Section 11. That all resolutions
or orders, or parts thereof in con-
flict herewith, be and the same
are hereby repealed to the extent
of such conflict,
Introduced December 4, 1950.
Councilman Russo moved that
the resolution be approved and
placed on file with the City Clerk
for public inspection pending fin-
al adoption. Seconded by Council-
man Austin. Carried by the follow-
ing vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Proof of publication, certified to
by the publishers, of notice of pub-
lic hearing on the question to de-
termine whether or not public con-
venience and necessity will be serv-
ed by the establishment of a muni-
cipally owned parking lot or off-
street parking facilities on C i t y
lots 204, 205, 206, 207 and 208
in the Town, now City of Dubuque,
Dubuque County, Iowa, and by the
acquisition, by condemnation o r
otherwise, of all of such property
not now owned by the City of
Dubuque and by the improvement
of the above described property to.
maintain and operate such fa-
cilities, the cost of such acquisi-
tion and improvement to be paid
from funds now on hand in the
Parking Lot Fund of the City of
Dubuque, presented and read.
Councilman Russo moved that the
proof of publication be received
and filed. Seconded by Mayor We-
lu. Carried by the following vote;
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller.
Nays -None.
Petition of Mr, and Mrs. E. J.
Goodman and others, home owners
on the west side of Iowa Street
from 9th to 10th Street, entering
a protest to the contemplated con-
demnation of the property on the
east side of the 900 block on Iowa
Street, for a parking lot, on the
grounds that such parking lot
would greatly depreciate the value
of their property and also that a
parking lot in this location would
be detrimental to the safety and
welfare of their families, presented
and read. Mrs. Magdalene Pier Mil-
lin addressed the Council object-
n
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° 612 Regular Session, December 4, 1950
ing to the taking of her property
located in the 900 block on Iowa
Street, by condemnation or other-
wise, for use as a parking lot and
asking Councicl to reconsider their
action in selecting the property on
the east side of Iowa Street be-
tween Ninth and Tenth Streets as
a parking lot site. After a lengthy
aiscussion on this question, Council-
man Russo stated far thq record
that outside of the written peti-
tion of Mr. and Mrs. E. J. Good-
man and others and the verbal ob-
jections of Mrs. Magdalene Pie r
Millin that no other written objec-
tions or verbal objections were pre-
sented to the Council at this hear-
ing by an peson affected or any
citizens of the City of Dubuque.
Ordinance No. 48-50. An Ordin-
ance declaring that public conveni-
ence and necessity will be served
by the estabiishment of off-street
parking facilities on certain de-
scribed property in the City of
Dubuque; directing the acquizition
of the same by condemnation or
otherwise and the erection of off-
street parking facilities thereon;
all as provided in Chapter 390
of the 1950 Code of Iowa, present-
ed and read. Councilman Austin
moved that the reading just had be
considered the first reading of
the ordinance. Seconded by Coun-
cilman Russo, Carried by the fol-
lowing vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Councilman Kolb not voting,
Councilman Austin moved that the
rules be suspended requiring an or-
diance to be read on three se-
parate days. Seconded by Council-
man Russo. Carried by the follow-
ing vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller,
Nays -None.
Councilman Kalb not voting,
Councilman Austin moved that the
ordinance be placed. on file with
the City Clerk for public inspec-
tion for at least one week before
its final adoption. Seconded by
Councilman Russo, Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Councilman, Kolb not voting,
Dubuque Chamber of Commerce
Dubuque, Iowa
At a joint meeting of the Dire
tors of the Retail Merchants
Bureau and the Parking and Intro
City Traffic Committee of the
Chamber of Commerce, Rriday,
December lst, the following reso-
lutionwas unanimously adopted.
R~SOLUT9ON.
Whereas, The car parking prob-
lem and the establishment of off-
str•eet ,parking facilities has been
repeatedly discussed and brought
to the attention of the City Ad-
ministration, with the recommenda-
tion that steps be taken promptly
to alleviate a situation. which has
for some time and is continuing
to engender ill-will towards our
City on the part of visitors and
manufacttuers, professional men
and establishments, resulting in
tremendous loss of patronage.
Whereas, it is recognized that
parking meters are necessary to
regulate the use of public streets
for car parking; it is however also
agreed by ai_I authorities conver-
sant with the problem that meters
alone do not provide a solution,
and that off-street parking is an
absolute necessity,
Whereas, Legislation making it
possible for municipalities to pro-
vide off-street parking Facilities
through use of 75 percent of the
revenue from parking meters, and
if necessary, levy a t/z mill tax
for this purpose, was enacted at
the last session of the Iowa Assem-
bly and became a law on July 1,
1949, and aside from purchasing
the small area at Iowa and Ninth'
Streets, nothing has been done, not
even to the extent of improving
this lot,
Whereas, the lack of off-street
parking accomodations is not only
inconveniencing visitors and shopp-
ors from out of town, but is even
driving many of our citizens to
partronize business establishments
in other towns and cities, for the
one and only reason that no park-
ing accomodations are available to
them here, whenever they cannot
transact their business during the
short period they are permitted to
stay in a metered space (if they
Regular Session, December 4, 1950 613
are fortunate to find one) without
subjecting themselves to fines and
visits to police headquarters,
Therefore, Be It Resolved that
the City Council and City Manager
he and are requested to take im-
mediate steps to acquire, either
through lease or purchase, proper-
ties in addition to the area now
being condemned (which will pro-
vide only a minor part of parking
lots needed), in order to afford re-
lief from an intolerable situation,
Now and not at some indefinite
future date.
Further delays cannot be tolerat-
ed, Mayor Welu moved that the
resolution be received and made a
matter of record. Seconded by
Councilman Austin. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller,
Nays -None,
December 4, 1950 .. ..
The Honorable Mayor,
Honorable City Council
and City, Manager
Gentlemen:
At a meeting of the Executive
Committee of the Manufacturers
& Wholesale Bureau of the
Chamber of Commerce held this
the 4th day of December, a mo-
tion was made and carried that
this Bureau wholeheartedly concurs
with the statements expressed in
the Resolution submitted to your
honorable body by the Retail Mer-
chants Bureau and the Parking
& Intro-City Traffic Committee of
the Chamber of Commerce.
A copy of the Resolution was
made available to the Committee
and we believe that the state-
ments are based on facts and that
immediate action on the part of
the City Administration is impera-
tive.
Respectfully,
L, B. Brauer
Chairman
Mayor Welu moved that the com-
munication be received and made
a matter of record, Seconded by
Councilman Austin. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuell-
er.
Nays -None.
Mayor Welu moved that the
Council view the following sites in
the downtown district with a view
in mind in acquiring the same for
parking lots as soon as possible:
Lot on Locust Street near the pub-
lic Library, Lots in the 700 and
800 blocks on Locust Street, Lot
at Ninth and Main Streets, I{emler
lots at eighth and Central Avenues,
Lot at Eight and Iowa Streets,
Washington Park, Rafferty Field
with shuttle bus service, also East
Fourth Street Extension with
shuttle bus service. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuell-
er,
Nays - None.
Councilman Russo moved that
the rules be suspended for the pur-
pose of allowing any one present
in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuell-
er,
Nays -None,
Mayor Welu then annoiauced to
the assembled crowd that the mat-
ter of parking and parking meters
was open for discussion.
Ordinance No. 47-50, An Ordin-
ance amending Ordinance 33.49 be-
ing "An Ordinance reuuating the
use of vehicles upon the streets of
the City of Dubuque, designating
the provisions hereof as the "Traf-
fic Code of the City of Dubuque;
repealing all ordinances or parts
of ordinances in conflict thereof"
by repealing Section 16.6 thereof
and enacting a substitute therefor
and by adding a new section there-
to defining public holidays, said
ordinance having been passed upon
first reading on November 22nd,
1950 and ordered placed on file
with the City Clerk for public in-
spection for at least one week be-
fore its final adoption, was pre-
sented for final adoption.
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614 Regular Session, December 4, 1950
Ordinance No, 47-50
An ordinance amending Ordinance
33-49 being "An ordinance regulat-
ing the nse of vehicles upon the
streets of the City of Dubuque,
designating the provisions hereof as
the 'Traffic Code of the City of
Dubuque,' repealing all ordinances
er parts of ordinances in conflict
herewith; and providing a penalty
for v[olatton thereof" by repealing
Section 16.6 thereof and enacting a
substitute therefor and by adding a
new section thereto defining public
holidays.
Be it Ordained by the City Council
of the City of Dubuque:
Section 1: That Ordinance No. 33-49
be and the same is hereby amended
by striking out section 16.6 thereof
and substituting therefor the follow-
ing:
"Section 16.6. Between the hours
of 9 a, m. and 6 p, m, of any day,
Sundays and public holidays except-
ed, no vehicle shall be parked within
a parking meter zone as described
in Schedule V, which is hereby made
a part hereof by reference, in any
space adjacent to which a parking
meter is installed while such meter
is showing a signal indicating that
such space is illegally used, for a
longer period than is necessary to
operate the meter to show legal park-
ing and no vehicle shall occupy con-
tinuously for longer than one hoot'
any stteh metered space on Main
Street between Seventh Street and
Ninth Street nm~ on Eighth Avenue
between Main Street and Locust
Street, nor shall any vehicle occupy
continuously for more than two hours
any metered space located in any
other parking meter zone."
Section 2. That Ordinance No. 33-49
be amended by adding anew sec-
tion following Section 1.46 thereof as
follows;
Section 1.47. "Holidays" where used
in this ordinance shall be January
first, NIay thirtieth, July fourth, the
first Monday in September, the day
of any general election, any day pro-
claimed by the governor as a day of
thanlcgiving, December twenty-fifth,
and the following Monday whenever
any of the foregoing named holidays
may fall on a Sunday."
Section 3. This ordinance being
deemed argent and for the protection
and preservation oP public health,
peace and safety shall be in force
and effect from and after ite final
passage and adoption by the City
Council and Publication as provifled
by law.
Passed upon first reading this 22nd
day of November, 1950.
Passed, adopted and approved upon
final reading this 4th day of Decem-
ber, 1956.
CLARENCE P. WELU,
Mayor.
ROMOLO N. RUSSO,
RAY KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Attest; Councilmen,
J, J. Shea.,
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 7th day
of December, 1950.
J. J. sxEA,
1tDec7 City Clerlc,
After a lengthy discussion on
the parking meter problem and
parking in restriced areas, Coun-
Regular Session, December 4, 1950
the north property line of West
Street, presented and read. Coun-
cilman Russo moved that the proof
of publication be received a n d
filed, Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas -Mayor Welu, Council-
men Austin, Ifolb, Russo, Schuel-
ler.
Nays -None .... ... ... ... .
City of Dubuque, Iowa
SCl4E®ULE OF ASSESSMENTS
RESOLUTION N0. 356.50
Resolved by the City Council of
the City of Dubuque, Iowa: That
to pay for the improvement of
Gilliam Street from the south
property line of University Avenue
to the north property line of West
Street, Thos. Flynn Coal Co., con-
tractor, in front of and adjoining
the same a special tax be and is
hereby levied on the several lots,
and parts of lots, and parcels of
real estate hereinafter named, sit-
uated and owned, and for the
several amounts set opposite each
lot or parcel of real estate, as
follows:
Chas. V. & Marcella Howes,
Lot 68, Finley-Waples &
Burtons Add. .......... 12.35
Chas, V. & Marcella Howes,
Lot 69, Finley-Waples &
Burtons Add, .......... 36.69
Chas, V. & Marcella Howes,
Lot 1 of 70, Finley-Waples
& Burtons Add......... 104.59
Chas, V. & Marcella Howes,
Lot i of 71,Finley-Waples
& Burtons Add, ...... , , 316,78
R. V. Hardin, Lot 72, Fin-
ley-Waples & Burtons
Add . .................. 316.78
James F. & Joan M. Saul,
Lot 73, Finley-Waples &
Burtons Add....... , ... 105.58
Alfred A. & Marie Barth,
Lot, 74, Finley-Waples &
Burtons Add... , ....... 46,39
Otto A. & Marie C. Schmitt,
Lot 75, Finley-Waples &
Burtons Add........... 20,93
Clem & Lm~raine Aird, Lot
84, Finley-Waples & Bur-
tons Add . .......:...... 20.94
619
Clem & Lorraine Aird, Lot
85, FinleyWaples & Bur-
tons Add. .... 46.39
Earnest J. & Bernadette
Leunberger, Lot 88, Fin-
ley-Waples & B u r t o n s
Add. ... .. ~.. 316.77
Earnest J. & Bernadette
Leunberger, Lot 89, Fin-
ley-Waples & B u r t o n s
Add, .... 105.58
David & Amanda Haferber-
ger, Lot 90, Finley-Waples
& Burtons Add......... 46.39
David & Amanda Haferber-
ger, Lot 91, Finley-Waples
& Burtons Add......_.. 20,94
David & Amanda Haferber-
ger, Lot 92, Finley-Waples
&Burtons Add, ........ 14.72
Arthur C. Wickman, Lot 96,
Finley-Waples &Burtons
Add, .... .... .. 14.72
Arthur C. Wickman, Lot
96 A, Finley-Waples &
Burtons Add........... 20.94
Arthur C. Wickman, Lot
97, Finley-Waples & Bur-
tons Add. 46.39
Lillian J. Stoltz, Lot 1 of
98, Finley-Waples & Bur-
tons Add ............................. 52,79
Alvina Adams, Lot 2 of 98,
Finley-Waples &Burtons
Add . .................................... 52.80
Alvina Adams, Lot 2 of 99,
Finley-Waples S, Burtons
Add . ............................ .... 166,87
Lillian J, Stoltz, Lot 1 of 99,
Finley-Waples &Burtons
Add . .................................... 149.89
Mettel Realty & Inv. Co.,
Lot 100, Finley-Waples &
Burtons Add . .................... 299.81
A. G. & Charlotte Dooley,
Lot lol W. 50°, Finley-
Wapples &Burtons Add. 92.41
A. G. & Charlotte Dooley,
Lot 101 E, 10', Finley-
Waples &Burtons Add..... 13.20
A. G. & Charlotte Dooley,
Lot 102 W. 40', Finley-
Waples &Burtons Add..... 35A8
Ed, C. Young, Lot 102 E. 20',
Finley-Waples &Burtons
Add . .................................... 11.32
Ed. C. Young, Lat 103 W.
30', Finley-Waples & Bur-
tons Add ............................. 11.88
Irwin & Ethel N. Jones, Lot
103 E. 30', FinleyWaples
& Burtons Add......... 6,45
Gilman Kolb moved the adoption of
the ordinance. Seconded by Coun-
cilman Austin. Carried by the fol-
lowing vote:
Yeas -Mayor Welu, Council-
men Austin, I{olb, Russo, Schuell-
er,
Nays - None.
Proofs of publication, certified to
by the publishers, of notice of levy
of special assessment and intention
of the City Council to issue bonds
for the improvement of English
Lane €rom the south property line
of Mt. Loretta Avenue to the north
property line of Southern Avenue,
presented and read. Councilman
Kolb moved that the proofs of
publication be received and filed,
Seconded by Councilman Austin.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kalb, Russo, Schuell-
er.
Nays - None.
Council recessed at 9:40 p, m.
and reconvened at 9:50 p, m,
Petition of Mrs. Lillian Kassmey-
er objecting to the levy of special.
assessment on her real property
until such time that the City of
Dubuque or City Council takes pro-
per procedure in procuring her.
land for street purposes, the ex-
tending of English Lane thru her
unsub-divided property, presented
and read. Councilman Russo moved
that the objection be overruled,
Seconded by Councilman Kalb. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller.
Nays - None.
Petition of Leonard F, and Fran-
cis E. Smith, By Kintzinger &
Kintzinger, Their Attorneys, sub-
mitting objections to the proposed
special assessments to be levied
against Lots 1, 2, 3, 4, 5 and 6
of Sub. 14 Rosehill Addition for
the improvement of English Lane
from the south property line of
Mount Loretta Avenue to the north
propety line of Southern Avenue,
presented and read, Councilman
Russo moved that the petition be
referred to the Council to view the
grounds and that Mr. John J. Kint-
zinger be notified to be present at
the time of viewing by the Coun-
cil. Seconded by Mayor Welu. Car-
ried by the following vote:
~:
't
620 Regular Session, December 4, 1950
John J. & Frances Wittstock,
Lot 112, Finley-Waples &
Burtons Add. .......... 20.93
Theo. & Appolonia Vorwald,
Lot 113, Finley-Waples R
Burtons Add ..................... 46.39
J. Albert & Elsie Pye, Lot
114, FinleyWaples & Bur-
tons Add ................. ........ 105.58
Lavern & Ihlene Bogue, Lot
115, Finley-Waples & Bur-
tons Add ........................... 316.78
Lester H. ~i Dorothy B. Wag-
nor, Lot 116, Finley-
Waples & Bm~tmis Add..... 316.78
Lester H. & Dorothy B. Wag-
ner, Lat 117, Finley-
Waples &Burtons Add..... 105.58
Lester H. & Dorothy B. Wag-
nor, Lot 118, Finley-
Waples &Burtons Add..... 46.39
Max & Anna Buechler, Lot
119, Finley-Waples & Bur-
tons Add ............... 20.93
Max & Anna Buechler, Lot
120, Finley-Waples & Bur-
tons Add . .............. 14.73
George C. & Genevieve
Kruse, Lot 124, Finley-
Waples &Burtons Add... 14.73
Bertha F. Clark, Lot 125,
Finley-Waples &Burtons
Add . .................. 20.93'
Nettie Wagner, Lot 126, Fin-
ley-Waples ~ Burtons
Add . . .......... . ... .. 46.39
Catherine Winters, Lot 127,
Finley-Waples &Burtons
. ............. . .... r
1D5.,r8
Catherine Winters, La~t 128,
Finley-Waples & Burtons-
Add . .................. 324.92'
Molo Oil Co. Lot 1 of Sub of
129 W.85', Finley-Waples
& Burtons Add......:.. 151.30
W. J. & Carol Klauer, Lot 1
of Sub. 129 E. 35' Finley-
Waples &Burtons Add. 27.72
Attg. & Freda Smith, Lot 1
of 2 of 129, Finley-Waples
& Burtons Add......... 197.61
Theodore Vorwald, Lot 1 of
2 of Sub. 129 W. 60' Fin-
ley-Waples & Burtons
Add . .................. 72.37
J. Albert & Elzie Pye, Lot ',
2 of 2 of Sub. 129, E. 60' ~i
Finley-Waples &Burtons ',
Add . .................. 11.47
F. W. & Margaret Schoen-
thal, Lot 130, Finley-Wap-
les & Bm~tons Add...... 46.39'
Ralph L. & Bertha M. Walt-
ers, Lot 131, Finley-Wap-
les &Burtons Add..... 20.94
Fay T. Steger, Lot 2, of Min-
eral Lot 649 .......... 6.49
Fay Thomas Steger, Lot 5,
of Mineral Lot 167 .,.. 15.69
Fay Thomas Steger, Lot 6,
of Mineral Lot 167 .... 17.49
Frank & Ida Hirsch, Lot 86
N.W. 60', Finley-Waples
& Burtons Add......... 43.70
Frank & Ida Hirsch, Lot 87,
N.W. 60', Finley-Waples
& Burtons Add......... 141.03
Jahn M. Streletzky, Lot 86,
S.E. 85', Finley-Waples
& Burtons Add......... 61.90
John M. Streletzky, Lot 87,
S.E. 85,' Finley-Waples
& Burtons Add... , ..... 175.75
$5 ,002.87
1,440.8 Lin. Ft. Combination
Curb and Gutter @
$2.35 ....... . ........ $3 ,385.88
189.3 Lin. Ft. Radious Curb
and Gutter @ $2.35 ... 444.86
2 Reinf. Conc. Catch Basins
ru $200.00 ...... , .... 400.00
88 Lin. Ft. 18" R,C. Pipe @
$5.00 .. 440.00
3212 Sq. Yds. Driveway
Concrete @ $6.00.... , . 192.72
4,863.4D
Extra Exense a 2% .... 97.2E
6%Iut, for 52 days ...... 42.15
$5,002.87'
All of which is assessed in prop
portion to the special benefits
conferred. Passed, adopted and ap-
proved this 4th day of December,
1960.
CLARENCE P. WELU
Mayor
ROMOLO N. RUSSO
RAY KOLB
RUBEN V. AUSTIN
LEO N. SCHUELLER
Councilmen
Attest: J. J. SHEA,
City Clerk.
Mayor Welu moved the adoption
of the resolution. Seconded by
Regntar Session, December 4, 1950- 627
estate hereinafter named, situated
and owned, and for the several
amounts set opposite each lot or
parcel of real. estate, as follows:
Chester W. & Loretta A.
Schallan, Lot 2, O'Neils
Riverside Add , ......... 13.13
Leonard & Cath. Brandel,
Lot 3, O'Neils Riverview
Add . .................. 28.13
Harry L. & Grace L. Timpe,
Lat 4, O'Neils Riverview
Add ................... 51.5'1
Harry L. & Grace L. Timpe,
Lot 5, O'Neils Riverview
Add . .................. 135.93
Andrew C. & Mabel Hind-
, man, Lot 6, O'Neill River-
view Add .............. 144.34
Andrew C. & Mabel Hind-
man, Lot 7, O'Neill River-
view Add ............. 52.31
Emil Luchterhand, Lot 8,
O'Neils Riverview Add.. 35.27
Emil Luchterhand, Lot 9,
O'Neill Riverview Add .. 16.40
Jacob & Ernestine Hedrick,
Lot 10, O'Neill Riverview
Add ................... 8.60
Jacob & Ernestine Hedrick,
Lot 11, O'Neill Riverview
Add ................... 4.45
Eli J. & Emelie Longueville,
Lot 44, O'Neill Riverview
Add .................. 4.47
Victor V. & Geraldine Hel-
ling, Lot 45, O'Neill River-
view Add ........... . .. 8.68
Frank Zahina, Lot 46, 0'-
Neils Riverview Add , .. 16.77
Frank J. & Julia Grode,
Lot 47, O'Neill Riverview
Add ................... 35.64
Leo & Eliz. Marihart, Lot
48, O'Neill Riverside Add 52.93
Leo & Eliz. Marihart, Lot
49, O'Neill Riverview Add 122.78
Mettel Realty & Inv. Co:
Lot 50, O'Neill Riverview
Add . .................. 127.60'
Mettel Realty & Inv. Co.
Lot 51, O'Neill Riverview
Add ................... 55.04
Wilfred & Barbara Hammel,
Lot 52, O'Neill Riverview
Add ................... 37.05
Viola K. Schueller, Lot 53,
O'Neill Riverview Add .. 17.42
Harold A. & Bernice A.
Maneman, Lot 54, O'Neils
Riverview Add .. , ...... 9.02
Harold A. & Bernice A.
Maneman, Lot 55, O'Neils
Riverview Add .,....... 4.65
L. B. & Ida Kent, Lot 88,
O'Neils Riverview Add . 4.93
Emil C. & Hilda Ihrke, Lot
89, O'Neils Riverview Add 9.57
Edward H. & Emily Schus-
ter, Lot 90, O'Neils River-
view Add ............. 18.47
Edith B. Brother, Lot 91,
O'Neils Riverview Add .. 39.21
Edith B. Brother, Lot 92,
O'Neils Riverview Add .. 58.18
Edith B. Brother, Lot 93,
O'Neill Riverview Add .. 134.83
Thomas F. & Ursula S.
Kies, Lot 16, Sheridan
Add ................... 5.72
Laverne W. & Jane A. Klink-
. enberg, Lot 17, Sheridan
Add .................. 7.80
Warren W. & Gem~gia E. Mc-
Gaw, Lot 18, Sheridan
Add ................... 13.50
Dan L. & Kathryn J. Hall,
Lot 19, Sheridan Add..... 28.89
Louis M. & Jeannette F.
Mullen, Lot 20, S. ~/z,
Sheridan Add ,........, 75.73
Omer J. & Josepl'iine M.
Noel, Lot 20, N.'/z, Sheri-
dan Add ......... . .... 75.71
Louis M. & Jeanette F.
Mullen, Lot 21, S. r/z,
Sheridan Add .......... 22.4fi
Omer J. & Josephine M.
Noel, Lot 21, N. t/z, Sheri-
dan Add .............. 22.46
Marie V. Wieler, Lot 22,
Sheridan Add .......... 23.27
Laverne J. & Elaine H.
Blume, Lot 23, Sheridan
Add ................... 11.08
Ervin J. & Rayetta Meyer,
Lot 24, Sheridan Add .... 7.20
Delmar F. & Rose Marie
Fergthson, Lot 25, Sheri-
dan Add ............... 4.45
Valentine & Edna A. Schus-
ter, Lot 32, Sheridan Add 4.45
Andrew W. & Katherine
Wieser, Lot 33, Sheridan
Add ................... 720
Leo R~ Dorothy Plein, Lot
34, Sheridan Add .... , .. 11.08
-~-;,
_~s
,,
;,
l k '.
628 Regular Session, December 4, 1950
Lawrence J. & Maryan E,
Hilvers, Lot 35, Sheridan
.................. 23.2.
Eugene H. & Marrion Kea-
ter, Lot 36, S. r/z Sheri-
dan Add .............. 22,46
Paul A. & Frances W. Ros-
siter, Lot 36, N. r/z Sheri-
dan Add .... . ......... 22.46
Paul A. & Frances W. Ros-
siter, Lot 37, N. r/z Sheri-
dan Add ..... ..... , 75.71
Eugene H, & Marion Keuter,
Lot 37, S, '/z Sheridan
Add .................. 75.73
Harold F. & Charlotte Mil-
ler, Lot 38, N. r/z Sheridan
Add ............. .... 70.69
Ray & Ina Roggensack, Lot
38, S. r/z Sheridan Add . 70.69
Ray & Ina Roggensack, Lot
39, S. r/z Sheridan Add . 26.82
Harold F. & Charlotte Mil-
ler, Lot 39, N'/z Sheridan
Add .................. 26:82
Herbert A, & Gladys Vogel,
Lot 40, N, i/z Sheridan
Add .................. 29.25
Wilfred L. & Rea L. Hauth,
Lot 41, Sheridan Add ... 13:65
Stanley G. & Aurelio F.
Meyer, Lot 42, Sheridan
Add ... ............... 10.33
Lambert R. & Margt, M,
Finzel, Lot 43, Sheridan
Add ...... . ........... 3.80
Porry H, & Nona Kirch, Lot
50, Sheridan Add ...... 3.66
Erterich Forkes Est., Lot 51,
Sheridan Add...,...,.. 9.94
C. J. & Eunice Banworth,
Let 2 of 2 of 5 N.E. 1/4
Sec. 13, Sheridan Add .. 191.66
Clarence P. ~Z Myrtle Welu,
Lot 23, Burden & Lowther
Add .................. 1.47
Earl F. & Edna Scheppele,
Lot 24, Burden & Lowther
Add .................. 1.97
Anna T, Keller, Lot 25, Bur-
den & Lowther Add .... 3.41
Charles C, & Dolores E,
Nauman, Lot 26, Burden
& Lowther Add ........ 7,31
Charles C. & Dolores E,
Nauman, Lot 27, Burden
Lowther Add .,..,,., 13.40
Ed. J. Hoffmann, Lot 28,
Burden & Lowther Add.. 35.34
Leo. P. &Mathilda Manahl,
Lot 106, Burden & Low-
ther Add .............. 136,63
Leo. P. &Mathilda Manahl,
Lot 107, Burden Rz Law-
they Add .............. 51,36
Ray F, & Helen L. Brandel,
Lot 108, Burden & Low-
ther Add ... . .......... 27,98.
Frances J. Brandel, Lot 109,
Burden & Lowther Add... 13.05
Harold & Bernice Splinter,
Lot 110, Burden & Law-
then Add .............. 7,60
Paul J, & Clotilda Zimmer-
man, Lot 111, Burden &
Lowther Add ,.,.,..,.. 3.11
Charles J. & Eunice Ban-
worth, Lot 147, Burden &
Lowther Add .......... 24.08
$2572.02
1145,5 Lin. Ft. Combina-
Curb & Gutter @ $1.76 $2004,6Y
205.1 Lin, Ft, Radius Curb
& Gutter @ 1.75 ...... 358.93
5.4 Sq. Yds. Driveway Con-
crete @ 8,00 ....... , .. 4320
$2406.75
6% Extra Expense ... 144.41
6% Interest for 52 days 20.86
$2572:02
All of which is assessed in pro-
pcrticn to the special benefits
conferred. Passed, adopted and,
approved this 4th day of Decem-
ber, 1950.
CLAREA?CE P. WELD
MAYOR
ROMOT 0 N. RUSSO
RAY KOLB
RUBEN V. AUSTIN
LEO N, SCHUELLER
COUNCILMEN,
Attest: J. J, SHEA
CITY CLERK.
Councilman I{olb moved the
adoption of the resolution. Second-
ed by Mayor Welu. Carried by the
following vote:
Yeas -Mayor Welu, Council-
menAustin, Kolb, Russo, Schueller.
Nays - None.
Proofs of publication, certified
to by the publishers, of notice of
the intention of the City Council to
Regular Session, December 4, 1950 635
received and filed, Seconded by
Mayor Welu. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Decemi~er 4, 1950
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
Pursuant to your instructions
sealed bids were received until
10:00 A.M. December 4, 1950 for
the furnishing of one Quintuplet
Fire Engine equipped with 1000
G.P.M. centrifugal pump and a 65
foot aerial ladder and all items
of equipment specified by Fire
Chief Hickson in the notice to
bidders, Four bids were received
which are hereto attached for your
consideration.
We recommend that the con-
tract be awarded to the Herman
M, Brown Company of Des Moines,
Iowa, whose bid for a Seagrove
Truck was the lowest and best
bid received,
Respectfully submitted,
A, A. Rhomberg,
City Manager.
Thos, C. Hickson,
Fire Chief.
Councilman Kolb moved that
the recommendation of City Man-
ager Rhomberg and Fire Chief
Hickson be approved, Seconded by
Councilman Russo. Carried by the
following vote:
Yeas -Mayor Welu, Couneil-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None,
(Awarding C®n4raet)
RESOLUTlO~ N0, 364.50
WHEREAS, proposals have been
submitted for the furnishing, F.O,B,
Dubuque, Iowa, of the following:
One q_uiutuplet combination fire
truck with an engine developing a
minimum of 265 B.H.P, when using
72 octane gasoline and having a
65 foot steel aerial ladder hydrau-
lically operated and having a two
stage centrifugal pump delivering
from draft the following: 1,000 g.
p.m, at 1501b. pressure, 700 g. p, m,
at 200 lb. pressure, and 500 g.p,m,
at 250 lb, pressure. The apparatus
shall have a hose box of a size to
hold 1,000 lineal feet of double
jacket, rubber lined 21-2 inch hose.
It shall be equipped with a booster
tank of at least 100 gallons, con-
strutted of rustproof steel with
reel or compartment containing
200 feet of 3-4" hose in 50 foot
sections with expansion couplings
of rocker lug type. Ground ladder
space is to be provided in double
banks for a total of 222 feet of
ladders. The following accessories
are to be included as part of the
equipment: ladder pipe with pro-
per mounting for carrying and
operating with hose connections
and Siamese: 1 - 50 foot section of
double cotton jacket rubber lined
3 inch hose with couplings: mount-
ing for one attic ladder: one Mars
signalling light; one C,-5 Federal
sip°en minus flasher; one 2 1-2 inch
by-pass to booster tank; four 2 1.2
inch outlets; two 10 foot hand suc-
tion hoses to fit local hydrants,
two 2 1.2 inch gated hydrant
connections into suction of pump;
one 2 1-2 gallon pump can in lieu
of soda-acid extinguisher, and Her-
man M. Brown Company of Des
Moines, Iowa, has submitted the
lowest bid.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque that the con-
tract for the above mentioned
equipment be awarded to Herman
M. Brown Company, of Des Moines,
Iowa, and the Manager be and he
is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete per-
formance of said work,
BE IT FURTHER RESOLVED,
that this resolution being deemed
urgent and of immediate necessity
became effective from and after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on December 4th, 1950,
Councilman Russo moved that
the resolution be approved and
placed on file for at least one
week before its final adoption. Se-
conded by Councilman Kolb. Carri-
ed by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller.
Nays - None.
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636 regular Session, Lecember 4, 1950
Communications of John 3. Mc-
Evoy with rreference to rent con-
trol, presented and read. Council-
man Russo moved that action be
suspended on the communication
pending the outcome of the Coun-
cil Meeting of December 15th, 19-
50. Seconded by Mayor Welu. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Communication of Mrs. Loretta
Meuller with reference to rent con-
trol, presented acid read. Council-
man Russo moved that action be
suspended on the communication
pending the outcome of the Coun-
cil meeting of December 15th,
1950. Seconded by Mayor Welu.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Notiee of Claim of William
White, by F. H. Becker, his attor-
ney, in the amount of $106.20 for
damages to his automobile caused
in striking protruding rocks in the
alley between Delhi Street and
University Avenue immediately
north of the present northern ter-
minus .of Grandview Avenue, pre-
sented and read. Councilman Russo
waved that the Notice of Claim
be referred to the City Solicitor.
for investigation and report. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None,
Notice of Claim of Mrs. Eliza-
both Jogerst for injuries received
in a fall on the crosswalk at 19th
and Washington Streets caused by
tripping on a clothes hanger, pre-
rented and read. Councilman
Russo moved that the Notice of
Claim be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Kolb.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Original Notice of Suit of Del-
ton E. Winters in the amount of
$422.80, with interest thoreon and
costs, for damages to his car caused
in colliding with a barricade or
road black and equipment at or
nea rthe intersection of Windsor
Avenue and Goethe Street, pre-
sented and read. Councilman Rus-
so moved that the Original Notice
of Suit be referred to the City
Solicitor. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas -Mayor Welu, CounciI-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Massachusetts Bonding and
Insurance Company
Kansas City 6, Missouri
November 8, 1950
City Clerk
Dubuque, Iowa
Re: Agency -Dubuque, Iowa
F. W. Coates Insurance Agency
Gentlemen:
We attach Revocation Power of
Attorney of Mona Roesner, who we
understand was married in `July
1949 and is no .longer associated
with the above agency.
Please do not incur any filing
ar recording fees or other ex-
penses for our Company in con-
nection with this letter and not-
ice.
In order to save registered mail
charges, we enclose extra copy of
this letter on which we would
appreciate having you indicate
your acknowledgement and return
to this office in self-addressed
stamped envelope enclosed, for
which we thank you,
Very truly yours,
F. G. Packwood, Manager
Councihnan Russo moved that
the communication be received and
made a matter of record and the
Revocation of Power of Attorney
be placed on file. Seconded by
Councilman Kolb. Carried by the
folowing vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Sclruel-
ler.
Nays -None.
Communication of Dubuque Fire
Fighters Association thanking the
Council far granting a salary in-
Regular Session, December 4, 1950
637
crease at this time, presented and
read. Councilman Kolb moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Bond of Wm. J. Hanley in the
amount of $1,000.00 as a member
of the Airport Commission, pre-
.. rented for approval. Councilman
Kolb moved that the Band be ap-
proved and placed on file. Sec-
onded by Councihnan Austin. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Performance Bond of John and
Anna Luber in the amount of $4,-
250.00 covering the improvement
of streets in Spring green Subdivi-
sion in occordauce with plans and
specifications approved by the City
Engineer, the work to be done un-
der his supervision and to be com-
pleted on or before November 1,
1951, presented and read. Council-
man Kolb moved that the Perfor-
mance Band be approved and plac-
ed on file. Seconded by Council-
man Schueller. Carried by the fo-
lowing vate:
Yeas -Mayor vVolu, Council-
men Austin, Kolb, Russo, Schueller.
Nays---None.
Communiction of the Iowa State
Nurses' Association advising that in
order to safe guard the interest of
the employing agencies, and the
general public, that immediate at-
tention should be given to an up-
ward adjustment in nurses salaries,
presented and read. Councilman
I{olb moved that the communica-
tion be received and filed. Second-
ed by Councilman Austin. Carried
by the following vote:
Yeas -Mayor Welu, Council-
rnen Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Communication of the members
of the Paoad Car Safety Association,
Des Moines, Iowa, comprised o£
eight boys between the ages of 17
and 25 years of age, submitting
challenge to any eight boys of the
same age group in the City of Du-
buque to a Safety Driving Contest,.
presented and read. Councilman
Russo moved that the communica~
tion be referred to the Chief of
Police for appropriate action. Se-
conded by Councilman Kolb. Car-
ried by the following vote:
Yeas -Mayor- Welu, Council-
rren Austin, Kolb, Russo, Schueller.
Nays -None.
Communication of M. B. Olansky
submitting offer in the amount of
$200.00 for the purchase of the
Northerly 62.5 fC. of the South part
of Lot 2 and 3 of the Sub, of Min.
Lot 158 and also requesting an
option to purchase an additional
75 feet parallel thereto and south
of the above mentiond part of
Lot 2 and 3 of Mineral Lot 159, pre-
sented and read. Councilman Aus-
tin moved that the communication
be referred to the City Manager to
negotiate with Mr. M. B. Olansky.
Seconded by Mayor Welu. Carried
by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller.
Nays -None.
Communication of the United
States Conference of Mayors ex-
tending acordial invitation to the
City of Dubuque to become an ac-
tive member city in the United
States Conference of Mayors for
the ensuing year, presented and
read. Councilman Austin moved
that the communication be receiv-
ed and filed. Seconded by Mayor
Welu. Carried by the following
vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller.
Nays -None.
Communication of the Mississippi
Valley Association extending invi-
tation to attend the Annual meet-
ing of the Association to be held
in St. Louis, February 12.13, 1951,
presented .and read. Councilman
Kolb moved that the invitation be
accepted. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote;
Yeas -Mayor Welu, C~uncil-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
-- -- ----. _ -- -.-. - . - _ . it
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638 Regular Session, December 4, 1950
Communication of Bartels and
McMahan, -Engineers, advising
Council that they are desirous of
obtaining the work of preparing
plans and specifications and pro-
viding supervision for the new sta-
dium project, presented and read.
Councilman Russo moved that ac-
tion be deferred on the communi-
cation until report is received from
the City Manager on the new sta-
dium project. Seconded by Coun-
cilman Kolb. Carried by the fol-
latving vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller.
Nays -None.
Communication of Marilyn Hunt
and Janet Warren, Washington
School Representatives, suggesting
that disposal containers for candy
wrappers, etc. be placed in front
Potterveld's on the corner of
Grandview Avenue and Delhi
Street and in front of Washington
School in order to help keep our
city clean,- presented and read.
Councilman Austin moved that the
communication be referred to the
City Manager to confer with peti-
tioners on this matter. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Petition of the Dubuque Visit-
ing Nurse Association requesting
the City Council to find ways and
means for financing the Rodent
Control Ordinance which was pass-
ed in December of 1949, present-
ed and read. Mayor Welu moved
that the petitioners be notified of
the forthcoming plan of the City
Council with reference to the Ro-
dent Control Ordinance. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas -Mayor Wehz; Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays. -None.
man Russo moved that the request
be granted providing there are no
conflicting dates. Seconded by
Councilman Kolb. Carried by the
fallowing vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Petition of Clement L. Hasse,
Jr., and others, asking to have
Caledonia Street made parking on
west side only, presented and read.
Cotmcilman Kolb moved that the
petition be referred to the Chief
of Police and the Chief of the
Fire Department for their recom-
mendation and report. Seconded
by Mayor Welu. Carried by _ the
fallowing vote:
Yeas -Mayor Welu, Council-
men Austin, Kalb, Russo, Schuel-
ler.
Nays -None.
Petition of Robert C. Boland re-
questing an indefinite leave of ab-
sence from the Fire Department,
commencing October 27, 1950 as
he has been called far duty in
the United States Navy, presented
and read. Councilman Kolb moved
that the request be granted and
made a matter of record. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas -Mayor Welu, Council-
man Austin, I{olb, Russo, Schuel-
ler.
Nays -None.
Petition of Donald J. Lehnertz
requesting an indefinite leave of
absence from the Police Depart-
ment, commencing September 15,
1950 as he has been called for duty
in the United States Marine Corps,
presented and read. Councilman
Kolb moved that the request be
granted and made a matter of
record. Seconded by Mayor Welu.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None
Petition of the Dubuque County
Tuberculosis and Health Associa-
tion requesting permission for the
holding of "Bangle Day" (tag-day)
sale on Friday evening, December
15th and Saturday, December 16th,
1950, presented and read. Council-
Petition of Melvin Whitney,
Chairman of the Safety Commit-
tee of the Audubon School, re-
questing the placing of School
Crossing Lights at the intersection
cf Rhomberg Avenue and Johnson
Regular Session, December 4, 1950 639
Street; and also such lights on
Twenty-second Street, with one
light at Johnson Street and the
opposite light at Queen Street,
presented and read. Councilman
Schueller moved that the petition
be referred to the City Manager
and the-Chief of Police for recom-
mendation and report. Seconded
by Mayor Welu. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Petition of Frank T. Walker re•
questing a refund in the amount
of $100.00 on the unexpired por-
tion of his Class "B" Beer Pernut,
as he has discontinued business on
November 6, 1950, presented and
read. Councilman Russo moved
that the request be granted and
the City Auditor instructed to
draw a warrant in the amount of
$100.00 in favor of Frank T.
Walker to cover the amount of
refund granted on the unexpired
portion of his Class "B" Beer Per-
mit No. 15. Seconded by Council-
man Kolb. Carried by the follow
ing vote:
Yeas - Nfayor Weht, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays-None.
Petition of Frank T. Walker re-
questing arefund in the amotmt
of $50.00 on the unexpired portion
of his Cigarette Permit, as he has
discontinued business an Novem-
ber 6, 1950, presented and read.
Councilman Russo moved that the
request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $50.00 in
favor of Frank T: Walker to cover
the amount of refund granted on
the unexpired portion of his cigar-
ette Permit No. 234. Seconded by
Councilman Russo. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Petition of Mr, and Mrs. Floyd
W. Lyons submitting bid in the
amount of $25.00 far the purchase
of the alley running between Lot
16 of Randall Addition and Lot
1 of Levi Addition, presented and
read. Mayor V1elu moved that the
petition be referred to the Plan-
ning and Zoning Commission for
their recommendation and report.
Seconded by Councilman Kolb.
Carried by the following vote:
Yeas -Mayer Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Petition of Eugene G. Graham
and others, residents and proper-
ty owners in the 1900 block on
Garfield Avenue, requesting that
some type of curbing be construct-
ed on the west side of Garfield
Avenue, adjoining their property
and that the street be surfaced
with an all weather surface such
as was done in the 2100 block on
Garfield Avenue, also requesting
that a street light be installed on
the corner of Garfield Avenue and
Roosevelt Street, presented and
read. Councilman Russo moved
that a plat and schedule be pre-
pared for the imptrovement of
Garfield Avenue in the 1900 black
as petitioned for and that the re-
quest for the installation. of a
street light at the corner of Gar-
field Avenue and Roosevelt Street
be referred to the City Manager
and Electrical Inspector for recom-
mendation and report. Seconded
by Mayor We1u. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Kalb, Russo, Schuel-
ler.
Nays -None.
Petition of John Grutz request-
ing arefund in the amount of
$150.00 on the unexpired portion
of his Class "B" Beer Permit, as
he has discontinued business on
November 28, 1950, presented and
read. Councilman Schueller moved
that the request be granted and
the City Auditor instructed to
draw a warrant in the amount of
$150.00 in favor of John Grutz to
cover the amount of refund grant-
ed on the unexpired portion of
his Class "B" Beer Permit 97.
Seconded by Mayor Welu. Carried
by the following vote:
Yeas -Mayor WQht, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays - None.
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640 Regular Session, December 4, 1950
Petition of John Gratz request-
ing arefund in the amount of
$50,00 on the unexpired portion
of his Cigarette Permit No. 89,
as he has discontinued business
an November 28, 195I, presented
and read, Councilman Kolb moved
that the request be granted and
the City Auditor instructed to
draw a warrant in the amount of
$50.00 in favor of John Gratz to
cover the amount of refund grant-
ed on the unexpired portion of
his Cigarette Permit No. 89. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler,
Nays -None.
Communication of Robert Con-
lon submitting for Council cons%d-
eratfon aproposal to make Jack-
son Street from 12th to 32nd
Streets, inclusive, a one way North-
bound street and raise the speed
limit to 35 miles per hour, .also
to make White Street from 32nd
to 12th Streets, inclusive, a South-
bound one way street also with
a 35 mile per hcur speed limit,
presented and read. Councilman
Kalb moved that the communica-
tion be received an filed. .Sec-
onded by Councilman Austin. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Attsthl, Kolb, Russo, Schuel-
ler.
A1ays -None.
Proof of publication, certified
to by the publishers, of a state-
ment of receipts and also a list
of claims for which warrants were
drawn during the month of Oct-
ober, 1950, presented and read.
Caunciltnan Kolb moved that the
proof of publication be received
and filed. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas -Mayor Welu, Council-
man Austin, Kolb, Russo, Schuel-
ler.
Nays-None,
Council proceedings for the
month of May, 1950, presented for
approval, Councilman Kolb moved
that the Council Proceedings for
the month of May, 1950, be approv-
ed as printed. Seconded by Coun-
Gilman Austin. Carried by the fol-
lotving vote:
Yeas -Mayor ~ueiu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays-None,
Ordinance No, 49-50. An or-
dinance granting to Crescent Real-
ty Corporation, An Iowa Corpor-
ation, its successors and assigns,
the right to construct a sanitary
sewer in South Main Street from
said corporation's property line to
connect with the combination
storm and sanitary sewer now lo-
cated in Railroad Avenue; and
prescribing the conditions of this
grant and regulating the connec-
tion with said sanitary sewer, pre-
sented and read. Councilman Kolb
moved that the reading just had
be considered the first reading of
the ordinance, Seconded by Mayor
~Nelu. Carried by the following
vote:
Yeas -Mayor Welu, Council-
men Austht, Kolb, Rttsso, Schuel-
ler.
Nays-None.
Councilman Kolb rneved that the
rules be suspended requiring an
ordinance to be read on three sep-
arate days. Seconded by Mayor
Welu. Carried by the following
vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Councilman Kolb moved that the
ordinance be placed on file with
the City Clerk for public inspec-
tion for at least one week before
its final adoption. Seconded by
Mayon Welu. Carried by the fol-
lowing vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays - None.
Communication of Chief of Pol-
ice Strub recommending the plac-
ing of parking meters on Central
Avenue between 10th and 12th
Street and the posting of a one
hour parking limit on 11th Street
between Iowa and White Streets;
also placing parking meters on
Central Avenue between Fourth
and Sixth Streets; also that no
special truck route be established
regular Session, December 4, 150 641
in the lower end of the city but
that an ordinance be passed re-~
quiring all t_r-ucks over five ton
capacity and all trucks parrying
livestock to remain on the marked
highways except that they may
leave such marked highways in
the blocks in which they are re-
quired to make deliveries or pick-
ups; also forbidding use of semi-
trailers for delivery or pickup in
the business district between 10
a,rn. and 6 p.nr, except by special
permission from the police chief;
also that an ordinance be adopted
requiring new buildings such as
large stores, theatres, hotels, room-
ing houses and othp.- special busi-
nesses to provide off street park-
ing space in an arnotmt determined
by sound traffic engineering; also
designating i'~iain Street as a
through street from Jones Street
to 17th Street and designating 29th
Street as a through street or bou•
levard from Jackson Street to the
railroad tracks; also installing a
stop light at Loras fiaulevard and
Main Street and removing the
light at Loras Boulevard and Lo-
cust Street; also prohibiting park-
ing on bath sides of West Fifth
Street on the steep winding
stretch west of Rluff Street; also
that right tarn lanes be established
for a distance of 150 feet on the
West side of Main Street north
of 4th Street and also fora dis-
tance of 100 feet on the Fast side
of Main Street, south of Fourth
Street and that when traffic at
the intersection of 4th and Main
Streets necessitates the installation
of a Stop and Go light that the
only type to be considered is the
fully actuated type, presented and
read. Councilman Russo moved
that action be deferred on the
recommendations of Chief of Pol-
ice Strub until the Council moot-
ing of December 15th, 1950 Second-
ed by Councilman Austin. Carried
by the following vote:
Yeas - Pdayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
NTays -None.
NovemJ~er 28, 1950
To the Honourable Mayor and
PrIembers of the City Council
of the City of Dubuque
Gentlemen:
On August 5, 1950, a claim
against the City of Dubuque in the
sum of $15.00 was filed by James
H. McFadden claiming damages
due him as a result of the main
sewer being clogged on West Fifth
Street. Such claim was referred to
the City Attorney's office for in-
vestigation and report, After due
investigation; we are of the opinion
that there is no liability upon the
part of the City of Dubuque in this
connection and we therefore re-
speptfully recommend that the
claim be denied.
Respectfully submitted,
fiy R. M. Czizek
Assistant City Solicitor
Mayor Welu moved that the re-
commendation of Assistant C i t y
Solicitor Czizek be approved. Se-
conded by Councilman Russo. Car-
ried by the following vote:
Yeas - PJIayor Welu, Council-
men Austin, :~olb, P~nsso, Schueller.
Plays -None.
November 28, 1950
To tl?e Honourable Mayor and
Members of the City Council
of the City of Dubuque
Gentlemen:
On October uth, 1950, the peti-
tion for suspension or remission of
taxes on acpount of age or infirm-
ity fled by Kate A. Miller was re•
fenced to us for investigation and
report. We have made an investi-
gation of this petition and find
that the allegations of her petition
are true and that she qualifies for
suspension of taxes under Section
427,18 of the 1950 Cade of Iowa
and accordingly, it is our recom-
mendation that the City Council
approve the petition as filed.
Respectfully submitted,
By R. M. Czizek
Assistant City Solicitor
Councilman Russo moved that
the recommendation of Assistant
City Solicitor Czizek be approved
that the Board of Supervisors be
notified of Council action. Second-
ed by Councilman Kolb. Carried by
the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kalb, Russo, Schueller,
Nays -None.
November 28, 1950
To the Honorable Mayor and
Members of the City Council
of the City of Dubuque
Gentlemen:
On October 6t1?, 1950, the claim
of Mrs, F. J. Lynch for damages
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642 Regular Session, December 4, 1950
in the sum of $36.00 by reason of
the flooding and overflowing of a
storm sewer was referred to us
for investigation and report.
Investigation was made and we
find that damages were sustained
by tite claimant in the sum of
$36.00 and it is respectfully recom-
mended that such claim be paid
and that the City Treasurer be in-
structed to draw a warrant in
claimant's behalf to be given to
her upon her execution of a proper
release.
Respectfully submitted,
By, R. M. Czizek
Assistant City Solicitor.
Councilman Kolb moved that
the recommendation of Assistant
City Solicitor Czizek be approved
and the City Auditor instructed to
draw a warrant in the amount of
$36.00 in favor of Mrs. F. J. Lynch,
as settlement in full of her claim,
and that said warrant be delivered
upon receipt by the City of Dubu-
que of a properly executed release.
Seconded by Councilman Austin.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller.
Nays -None.
November 10, 1950
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Regarding attached petition of
Robert J. Boyer et. ah the Plann-
ing & Zoning Commission respect-
fully recommends to your honor-
able body the granting of the peti-
tion. The extension of the Light
Industrial Zone as requested pro•
vides a natural site for small busi-
ness in this part of the City.
Yours truly,
The Dubuque Planning &
Zoning Commission
By R. V. McKay,
Secretary
Councilman Kolb moved that
the recommendation of the Plann-
ing and 7.oning Commission be ap-
proved and proper proceedings or-
dered prepared.Seconded by Coun-
cilman Schueller. Carried by the
fallowing vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller.
Nays -None,
November 16, 1950
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Planning and Zoning Com-
mission of the City of Dubuque
hereby presents its report to your
honorable body covering the pro-
posed rezoning of Schuler's Sub.
to Business classificactian-referr-
ed back to the Commission by City
Council November 6, 1950.
Yours truly,
Dubuque Planning and
Zoning commission
R. D. Waller,
Temporary Chairman
November 16, 1950
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Zoning Ordinance of the.
City of Dubuque was drawn up
by John Nolan, a world renowned
City Planner, after a thorough
study of conditions existing in
Dubuque, based upon the best zon-
ing practice and experience, and
was adopted by City Council Jan-
uary 29, 1934. Thus, for nearly 17
years the ordinance has withstood
the test of time, with no funda-
mentaI changes. Zoning, as prac-
ticed in Dubuque, is not a luxury.
The same sound essential princi-
ples are applied in every progres-
sive community in the United
States.
The object of a Zoning Ordi-
nance is primarily to stabilize land
values and protect property own-
ers against the intrusion of object-
ionable land uses. The preamble to
Ordinance I!'o. 3-34 reads as fol-
lows:
"An ordinance to provide for
the comprehensive zoning of the
City of Dubuque and to regulate
and restrict the location and use
of buildings, structures, and land
for trade, industry, residence or
other purposes- deemed neces-
sary to provide for the zoning.
and districting of said City in
order to lessen congestion in the
streets; to secure greater safety
and protection from fire, panic
and other dangers; to promote the
Regular Session, December 4, 1950 643
public health, morals, and general I
welfare;to provide adequate light
and air; to prevent the overcrowd-
ing of land; to avoid undue con-
centration of population; to facil-
itate the adequate provisions of
transportation, water, sewage,
schools, parks and other public re-
quirements; to conserve the value
of lands and buildings and encour-
age the most appropriate use of
land throughout the City in ac-
cordance with a comprehensive
plan."
In carrying out the objects of
the ordinance, certain classifica-
tions or gradations of land uses
are arranged, beginning first, with
the most exclusive and restricted
area- the single Family District;
then second, the Two-Family Dis-
trict with slightly less restrictions;
then third, the Multiple Family
District with still less restrictions;
then, fourth, the Local Business
District intended chiefly to supply
the residential districts with local
retail stores of limited propor-
tions; then, fifth, the Business Dis-
trict; sixth, the Light Industrial
District; and finally seventh, the
Heavy Industrial District, the lat-
ter three ranging downward as to
restrictions.
In a city arranged as Dubuque,
the logical place for Business is
the downtown section next to the
Light Industrial District conveni-
ent to warehouses, railroads, and
truck lines. Since in a Business
District buildings may be placed on
the front and side property lines,
the tendency is to crowd buIld-
ings close together and develop
conditions objectionable in residen-
tial areas. With buildings lined up
to the front property lines, deliv-
eries of supplies made at the front
of the building will tend to block
and litter the sidewallts and cause
street congestion, all of which is
undesirable to say the least in a
residential section.
Ina Local Business District,
which is a natural adjunct to Res-
idential areas, the buildings must
set back at least fifteen (15) feet
from the front property line. This
indicated the importance placed on
building setbacks in residon±ial dis-
tricts, which of course is not re-
quired if Business Classification is
adopted.
Even if rezoned to a Business
District, while a printing shop is
not specifically mentioned as not
being allowed in a business dis•
trio, all similar businesses such
as a wholesale bakery, a dry clean-
ing establishment, a laundry, a ma-
chine shop, etc. are prohibited if
"employing more than (5) five per-
sons." The business it is planned
to more to the hill residential
district in this case, is an old,
established printing business do-
ing interstate, if not a national,
business. If it continues success-
ful it could promptly exceed the
(5) five-employee limitation far a
Business District, or if unsuccess-
ful might be succeeded by another
party wishing to operate on a
larger scale. In view of this, the
only safe rezoning to cover a print
shop employing mare than 5 per-
sons would be to Light Industry.
A few years ago application was
made to rezone the site of the
present Clark Furniture Company
to Light Industry so that a milk
distributing station might be es-
tablished there. As in the present
case, the Zoning Commission could
see no logic in such rezoning so
far removed from a Heavy Indus-
trial District and recommended
against such action. The normal
steps ordinarily followed in carry-
ing out the zoning procedure were
being ignored. The neighborhood
became aroused, and ammig others,
the University of Dubuque took a
positive stand against the intrusion
of Light Industry into the neigh-
borhood. They realized the neces-
sity for retail stores, so the dis•
trio was rezoned Local Business.
The Clark Furniture Company
building with adequate setback
conforms to the Local Business
regulations. The University Press,
having been there before the zon-
ing law was passed, is operating
on a temporary non-conforming
basis. It is doubtful if the Univer•
sity of Dubuque will be any more
receptive to such rezoning today,
To authorize and condone such
unorthodox zoning would be the
', first case in the City of Dubuque
', wherein a Business District wotild
be established in a residential area,
therefore it would set a precedent
and be the forerunner of many
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644 Regular Session, December 4, 1950
similar requests in other residen-
tial districts. The City Authorities
could hardly discriminate against
others seeking similar favors, and
the result would be a break down
of sound zoning,
t~ihile sympathetic !;vith the
petitioners desire to seek cheaper
quarters, it is a fact that proper
zoning cannot be based on the
ability to pay. Strict zoning regu-
lations will maintain real estate
values and rents for the City's
advantage. Light Industrial areas
in both the northern and southern
parts of the City have been ex-
panded in r°ecent years to provide
proper locations for business, Also,
there are business sites available
in existing Business Districts with-
out encroaching on the preferred
rights of residential taxpayers.
From a strictly selfish standpoint
on the part of the City, it may be
noted drat the greatest source of
tax revenue to the City of Du-
buque is the down town Business
District, it's real estate, buildings
and stores. This income can be
quickly impaired by the establsh-
nrent of little business districts
scattered throughout the City. If
such a moverent should develop,
Enooni°aged by similar petitions,
who knows where it may stop?
Furthermore, damage to prese?rt
residential properties in the area
where rezoning is proposed, may
make the City liable.
It is a fact that applicant's pe-
tition bears the names of some
adjei a rg ~ r°cpa~ty owners, but is
as common in such cases, a good
neighbor or friend will sign a pe-
tition, trusting that the wisdom of
the city authorities will save them,
In expressing favor of proposed
rezoning, the neighbor does not
understar:d or appr°eciate that what
petitioner requests are rights and
privileges that go with the prop-
erty-not the individual- and
while the applicant may promise
to operate without disturbing the
neighbors, the next owner may go
the limit allowed under the la~,v
for that particular type of zone,
The Planning and Zoning Com- ~
mission faces such problems, dis-
interestedly, unselfishly, impartial-
ly, and judicially and endeavors .
to reach decisions which to the
best of its ability will be in line
with the Public Interests and Com-
s~on Goad. Your Comr:lssion has
n_ao2 every erlo~ t_n this e[ssL to
give its fair unbiased opinion
based upon years of experience .n
city zoning, and therefore, again
recommends to your honorable
body ttie denial of the petition of
Paul F, Hellmann et. al. request-
ing the rezoning of Schuler's Sub.
to Business classification,
Respectfully submitted,
The Dubuque Planning
and Zoning Commission
in Special Session
R.D,Wa11er, Temporary Chairman.
Councilman Austin moved that
the recommendation of the Plan-
ning and Zoning Commission be
approved. Seconded by Councilman
Russo. Carried by the following
vote:
Yeas-Councilmen Austin, Kolb,
Russo,, Schueller.
Nays. -Mayor Welu.
December 4, 1940
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
This is to advise that I have
approved the following policies
and desire to have your approval
on same for filing:
EKCAVATION
George F, Pinski, 198 Main Street,
Policy No, P413632, The Fidelity
and Casualty Co,
Seubert and Fesler, 1603 Central
Avenue, Policy No. L1882633, Iowa
Mutual Casualty Co.
Respectfully submitted,
A. A. Rhomberg,
City Manager
Councilman Kolb moved that the
policies be approved and placed
on file. Seconded by Mayor Welu.
Carried by the following vote;
Yeas - 114ayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Regular Session, December 4, 1950 645
November 16,1950
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
1 herewith submit reports of tha
City Auditor, City Treasurer, City
Health Department and City Water
Works for the month of October
19:;0; also 1?st of claims and list
of payrolls far which warrants
were issued for the month of Oct-
ober 1950.
Respectfully submitted,
A. A. Ptihornberg,
City Manager.
Councilman Kolb moved that the
reports be received and placed on
file. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
October 19, 1950.
To the Honorable Mayor,
and City Council,
Dubuque, Iowa.
Gentlemen:
At the meeting of September
14th the communication of the Chi-
cago, Milwaukee, St. Paul and Pa-
cific Railroad Company and the
Chicago Great Western Railway
Company in which they jointly
propose to substitute automatic
for manual crossing signal protec-
tion at 7th, 8th, and 11th Streets
was referred to the Council to
view the grounds.
The Council having viewed the
grounds in company with railroad
signal engineers expressed concern
as to whether or not the proposed
installations would expedite the
movement of trains through the
city, It was concluded that for
the present the city would not
join with railroad in seeking ap-
proval of the Iowa Commerce Com-
mission as was requested,
The attached letter from the
engineer of the Iowa Commerce
Commission is the result of an
inquiry made by Mr. Nelson,
city solicitor, and myself at the
Iowa Commerce Commission Office
in D~ Moines on Goober 12th.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Mayor Welu moved that the de-
cision of the Council be approved.
Seconded by Councilman Kolb.
Carried by the fallowing vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel•
ler.
Nays -None.
November 15, 1950
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen;
This is to advise that the im-
provement of York Street from the
south property line of Curtis Street
to the west property line of South
Hill Street with concrete curb and
gutter under contract with I{-M
Construction Company has been
completed in accordance with the
plans and specifications.
I, therefore, recommend the ac-
ceptance of this work.
Respectfully submitted,
A. A. Rhomberg
City Manager,
Councilman Russo moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman I{olb. Car-
ried by the following vote;
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler,
Nays -None.
(e~ Res®lutrion Accepting Im•
praveiS~antr and Directing trhe Glerk
4o Peblish Nofic~.)
CITY ®E ®U13UQUE, IOWA
RESOLUTION IVO. 365.50
WHEREAS, the contract for the
improvement of York Street from
the south property line of Curtis
Street to the west property line
of South Hill Street has been com-
pleted and the City Manager has
examined the work and filed his
certificate stating that the same
has been completed according to
the terms of the contract, plans and
specifications and recommends its
acceptance, now therefore,
BE IT RESOLVED, by the city
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
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646 Regular Session, December 4, 1950
said improvement be and the same
is hereby accepted and the City En-
gineer be and he is hereby direct-
ed to prepare a plat and schedule
showing the lots or parcels of real
estate subject to assessment for
said improvement and file the same
in the office of the City Clerk sub-
ject to public inspection and said
Clerk shall upon receipt of such
plat and schedule publish the no-
tice of the Council's intention to
levy special assessments therefor,
as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the. sale of improve-
ment bonds issued upon the above
described improvement in amount
equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 4th day of December, 1950.
Approved:
CLARENCE P. WELU
MAYOR.
ROMOLO N. RUSSO
RAY KOLB
RUBEN V. AUSTIN
LEO N. SCHUELLER
COUNCILMEN.
Attest: J. J. SHEA
CITY CLERK.
Councilman Kolb moved the
adoption of t_he resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote.
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler,
Nays -None,
RESOLUTION N0. 366.60
~'', Whereas an application has been
filed with the City Council r°equest-
ing that a permit be issued for the
,' erection of a neon sign beneath
~. the marquee on the west side of
L: the building presently occupied by
Roshek Bros. Co,, and
Whereas the City Council, after
,~' due consideration, is of the opin-
e ion that the request should be
granted,
Now .Therefore, Be It Resolved
by the City Council of the City of
i ~ Dubuque:
'i>'
~s III
f%
Section I. That Roshelt Bros. Co.
be and it is hereby granted the
right and authority to construct
and maintain a neon sign beneath
the marquee on the west side of
the building presently occupied by
Roshek Bros. Co. on Locust Street
in the City of Dubuque, Iowa, in
accordance with the plans now on
file;
Section II. That such construc-
tion shall be done under the su-
pervision and direction of the
building Commissioner and City
Manager of the City of Dubuque
and any rules and regulations they
may reasonably prescribe;
Section III. That the right to con-
struct and maintain said proposed
sign shall be subject to the con-
tinuous control of the City Coun-
cil, reserving the right to said City
Council to impose restrictions and
conditions upon the enjoyment
thereof as said City Council may
deem necessary for the protection
of the public interests, including
the right to revoke and rescind
the grant hereby made;
Section IV. As a further consi-
deration of the rights and privi-
leges herein granted, said Roshek
Bros. Co,, its successors and as-
signs, assume any and all liability
for damages to persons or property
which may result from the con-
struction or maintenance o£ said
proposed sign. Said applicant, its
successors and assigns, at its own
expense, agrees to pay on behalf
of the City of Dubuque, all sums
which the City of Dubuque shall
become obligated to pay by reason
of the liability imposed upon ttte
City of Dubuque for damages of
any kind resulting from the con-
struction and maintenance of said
sign sustained by any person or
persons, caused by accident, or
otherwise. Said applicant shall de-
fend at its awn expense, and on
behalf of said City any claim a-
gainst said City arising out of the
construction or maintenance of
said sign. Said applicant further
agrees to file with the City of Du-
buque and Iteep in force and effect
a liability insurance policy, with
an approved insurance company, in
the amount of Ten Thousand Dol-
Lars ($10,000) covering all of such
Regtdat• Session, December 4, 1950 647
liability including the cost of de-
fending said claims as aforesaid.
A certificate shall be filed with
said City annually certifying that
said policy is in full force and ef-
fect.
Section V. Should the rights and
privileges herein granted be re-
scinded or revolted, Roshek Bros.
Co., its successors and assigns, shall
within thirty (30) days after re-
ceipt of written. notice from said
City so to do, at its own expense,
remove said sign, and in the event
of its failure so to do the City of
Dubuque shall be authorized to re•
move said sign at applicant's ex-
pense, assess the cost thereof a-
gainst the premises, and destroy
the sign, and neither applicant nor
the owners of the premises shall
have any claim against said City,
or its agents, for damages result-
ing from the removal of said sign:
Section VI. This Resolution shall
become effective and the rights
hereunder shall accrue to Roshelt
Bros. Co. when this Resolution has
been passed by the City Council
and accepted by said applicant
and the owners of the premises by
acceptance endorsed on this Resolu-
tion and when the insurance policy
is placed on file as provided here-
. in.
Passed, adopted and approved
this 4th day of December, 1950,
CLARENCE P. WELD,
MAYOR
P~OMOLO N. RUSSO
RAY KOLB
RUBEN V. AUSTIN
LEO N, SCHUELLER
COUNCILMEN
attest: J, J, SHEA
CITY CLERI{
ACCEPTANCE OF
RESOLUTION N0. 366°50
Roshek Bros. Co, and Roshelt
Realty Co., the owners of the pre-
mises, having full knowledge and
understanding of all the terms and
conditions of Resolution Na. 366-
50 hereby accept the same as
adopted and agree to comply with
all the terms and conditions there-
of and grant to the City of Dalm-
que all of the privileges and rights
in said Resolution contained.
ROSHEK BROS. CO,
By ..................................................
Title
ROSIIEK REALTY GO.,
By ...........:......................................
......................................Title
Councilman Austin moved the
adoption o f the resohition.
Seconded by Mayor Welu. Carried
by the following vote:
Yeas - 114ayor Welu, Council-
men Austin,. Kolb, Russo, Schueller.
Nays -None,
RESOLUTION N0. 367.50
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following, having complied
with the provisions of law relating
to the sale of cigarettes within
the City of Dubuque, be granted
a permit to sell cigarettes and
cigarette papers within said City
and the Manager is directed to is-
sue such permit on behalf of said
City.
The Great Atlantic and Pacific
Tea Co., 1101 Central Avenue
(Transfer of address from 13th
Iowa StsJ
Genevieve Sullivan (Effective 1-
1-51), 64 Locust Street
Fred Kamentz (Effective 1-1.51),
1697 Jackson Street
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cations be approved,
Passed, adopted and approved
this 4th day of December, 1950.
CLARENCE P. WELU
MAYOR.
ROMOLO N. RUSSO
RAY KOLB
RUBEN V. AUSTIN
LEO N, SCHUELLER
COUNCILMEN.
Attest: J. J. SIIEA
CITY CLERK.
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Mayor Welu. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller,
Nays-None.
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648 Regular Session, December 4, 1950
RESOLUTION N0. 366.50
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW,
THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque the
the following applications be grant-
ed and the licenses are to be is-
sued upon the compliance with the
terms of the ordinances of this
city.
CLASS "E" PERMIT
Clifford Calvert and Bertha Cal-
vert, 185 Main Street
Vincent Teeling, 115 East 22nd
Street
Ruben J. Weber, 25 West 7th
Street
The Page Hotel, 73.75 E a s t
Fourth Street
Frank T. O'Rourke, 37 Eighth
Avenue
Robert A. Lange, 2616 Windsor
Avenue
J. Ray O'Brien, 2093 Washington
Street
Charles T. Snyder and Elsie R.
Snyder, 543 Eighth Avenue
CLASS "C" PERMIT
The Great Atlantic & Pacific
Tea Co., 1101 Central Avenue
Cruso A. Alba, 2601 Jackson
Street
Passed, adopted .and approved
this 4th day of December, 1950.
CLARENCE P. WELU
MAYOR.
ROMOLO N. RUSSO
.RAY KOLB
RUBEN V. AUSTIN
LEO N. SCHUELLER
COUNCILMEN.
Attest; J. J. SHEA
CITY CLERK.
Councilman Kalb moved the
adoption of the resolution. Second-
ed by Councilman Austin. Carried
by the following vote;
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schueller.
Nays -None.
RESOLUTION N0. 369.50
WHEREAS, heretofore applica-
tions far Beer Permits were filed
by the within named applicants
and they have received the appro-
val of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to com-
ply with the ordinances of this
City and they have filed a proper
bond; NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the Manager be and he is directed
to issue to the following named
applicants a Beer Permit.
CLASS ">3" PERMIT
Clifford Calvert and Bertha Cal-
vet•t, 185 Main Street
Vincent Teeling, 115 East 22nd
Street
Ruben J. Weber, 25 West 7th
Street
The Page Hotel, 73.75 East
Fourth Street
Frank T. O'Rourke, 37 Eighth
Avenue
Robert A. Lange, 2616 Windsor
Avenue
J. Ray O'Brien, 2093 Washington
Street
Charles T. Snyder and Elsie R.
Snyder, 543 Eighth Avenue
CLASS "C" PERMIT
The Great Atlantic & Pacific
Tea Co., 1101 Central Avenue
Cruso A. Alba, 2601 Jackson
Street
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 4th day of December, 1950.
CLARENCE P. WELU
MAYOR.
ROMOLO N. RUSSO
RAY KOLB
RUBEN V. AUSTIN
LEO N. SCHUELLER
COUNCILMEN.
Attest; J. J. SHEA
CITY CLERK.
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Mayor Welu. Carried by the
following vote:
Yeas -Mayor Welu, Council-
man Austin, Kolb, Russo, Schuel-
ler.
Nays -None.
Application of George Bogus
for a Class "B" Beer Permit to
be located at 402 Main Street,
Regular Session, December 4, 1950 649
presented and read. Councilman
Russo moved that the application
be referred to the City Solicitor
for a written opinion. Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel-
ler.
Nays-None.
Councilman Russo moved that
action be deferred until the Ccun-
cil meeting of December 15th, 1950
on the appointment of a member
on the Board of Dock Commission-
ers. Socanded by Councilman Aus-
tin. Carried by the following vote;
Yeas-Mayor Welu, Councilmen
Austin, Kolb, Russo, Schueller.
Nays-None.
There being no further business
Councilman Russo moved to ad-
journ. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas -Mayor Welu, Council-
men Austin, Kolb, Russo, Schuel~
ler.
Nays -None.
J. J. Shea.
City Clerks
Approved .............. 1951
Adopted ................. 1951
Attest : ...............
City Clerk,
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650 Special Session, December 15, 1950
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(OFF9CIAL)
Special Session, December 15th, 19-
50.
Council met at 7:30 p.m.
Present -Mayor Welu, Council-
men Austin, Schueller. City Man-
ager Rhomberg. Absent - Coun-
cilmen Kolb, Russo.
Meeting called by order of Coun-
cilmen Austin and Schueller.
Mayor Welu read the call and
stated that service thereof had
been duly made and that this
meeting is called far the purpose
of conducting public hearings on
notice of levy of special assess-
ments and intention of the City
Council to issue bonds for various
street imprevements and acting on
any other business as may properly
come before a regular meeting of
the City Council.
Proofs of publication, certified
to by the publishers, of notice of
levy of special assessments and
intention of the City Council to
issue bonds for the improvement
of Solon Street from the east
property line of Alpine Street to
the west property line of the Alley
first east of Lois Street, also for
the improvement of Lois Street
from the south property line of
Solon Street to the north property
line of Reeder Street, also for
the improvement of Reeder Street
from the east property line of
Alpine Street to a point 180 feet
east, presented and read. Mayor
Welu moved that the proofs of
publication be received and filed.
Seconded by Councilman Austin.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Schueller.
Nays-None.
Absent -Councilmen Kolb, Rus-
so.
Councilman Russo entered the
Council Chamber and took his seat
at 7:35 P. M.
Petition of H. B. McCarten sub-
mitting written objections to the
assessment for street improvement
abutting Lot 5 Lois Addition for
the reason that I have a four stall
garage on said Lot 5 and since
the street improvement I am un-
able to use tYmee of the stalls,
presented and read. City Manager
Rhgmberg stated that there be(ng
no evidence that the grade has
been changed affecting the garages
that the written objections be ov-
erruled. Councilman Austin moved
that the written objections of H.
B. McCarten with reference to the
special assessment to be levied
against Lot 5 of Lois Addition be
overruled. Seconded by Mayor
Welu. Carried by the following
vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays - None.
Absent -Councilman Kolb.
City of Dubuque, Iowa
SCiiEDULE OF ASSESSf~ENTS
RESOLUTION NO. 37Q•50
Resolved by the City Council of
the City of Dubuque, Iowa: That
to pay for the improvement of (i)
Solon Street from the east prop-
erty line of Alphine Street to the
west property line of the Alley
first east of Lois Street. (2) Lois
Street from the south property
line of Solon Street to the north
property line of Reeder Street.
(3) Reeder Street from the east
property line of Alpine Street to
a point 180 feet east, Kenneth W.
Gaber Construction Co., contractor,
in front of an adjoining the same,
a special tax be and is hereby
levied on the several lots, and
parts of lots, and parcels of real
estate hereinafter named, situated
and owned and for the several
amounts set opposite each lot or
parcel of real estate, as follows:
Harvey A. Meyer, N. 49' Lot
1, Lois Add........... $281.15
Louis J. & Ruth A. Schaller,
S. 1' Lot 1, Lois Add..... 3.72
Louis J. & Ruth A. Schaller,
Lot 2, Lois Add........ 182.29
Fred W. Schroeder, Lot 3,
Lois Acld ............... 130.81
Jacob & Mildred Sloan, Lot
4, Lois Add............ 136.47
H. B. McCarten, Lot 5, Lois
Add . .................. 181.12
H. B. McCarten, Lot 6, Lois
Add . ..... ............ 128.32
Earl T. & Millard M. Turn-
meyer, Lot 7, Lois Add... 193.17
John J. & Edith Yates, Lot
8, Lois Add............ 289.78
Allan T. Dayliin, Lot 9, Lois
Add . .................. 92.50
Allan T. Daykin, S. I/z Lot
10, Lois Add........... 47.03
Special Scssion, December 15, 1950 665
of defi•aying the cost of improve-
ments and extensions to the muni-
cipal improvements and extensions
to the mtmicipal waterworks in and
for said City and providing for the
collection, segregation and distribu
tion of the revenues of said muni-
cipal waterworks.
WHEREAS-the City of Dubuque,
in Dubuque County, Iowa, did
heretofore in the year 1900, pur-
suant to an election theretofore
held, establish a municipal water-
works in and for said City which
has continuously supplied water to
said City and its inhabitants since
its establishment as aforesaid, and
said municipal waterworks is man-
aged and controlled by the City
Council; and
WHEREAS it is necessary and
desirable that improvements and
extensions to said municipal water-
works be constructed, the casts
whereof are estimated to be not
less than $iQ0,000, far which pur-
pose it is necessary that said City
issue revenue bonds payable from
and secured by the net earnings of
said mtmicipal waterworks as auth-
orized and permitted by Section
397.10 et seq. of the Code of Iowa,
and said City presently has n a
bonds or other obligations outstand
ing which are payable from or
are secured by said net earnings;
and
WHEREAS a notice of the in-
tention cf this Council to take
action far the issuance of $100;
000 Water Revenue Bonds of said
City has heretofore been duly pub-
lished and no petition setting
forth objections to such proposed
action has been filed in the office
of the City Clerk:
NOW, THEREFORE, Be It and It
Is Hereby Resolved by the City
Council of the City of Dubuque,
Iowa, as follows:
Section 1. That far the purpose
of defraying the cost of improve-
ments and extensions to the muni-
cipal waterworks there be a n d
there are hereby authorized to be
issued the negotiable interest bear-
ing revenue bonds of said City of
Dubuque, in the principal amount
of $100,000, each of which shall be
known and designated as a "Water
Revenua Bond," bearing date of
December 1, 1950, of the denomin-
ation of $1,000 each, and bearing
interest at the rate of one and
seven-eight per cent (17.8 percent)
per annum until paid or called for
payment as hereinafter provided,
snch interest being payable semi-
annually on June 1 and Decem-
ber 1 of each year. Said bonds
shall be numbered consecutively 1
to 100, inclusive, and shall mature
in numerical order $30,000 on Dec-
ember 1, 1952, and $35,000 on De-
cember 1 of each of the years
1953 and 1954; provided, however,
that the right is reserved by said
City to call and redeem bonds
numbered 31 to 100, inchsive, up-
on terms of par and accrued in-
terest, prior to maturity, in whale,
or from time to time in part in
the inverse order of their num-
bering, on any interest payment
date on or after December 1,
1952, and in the event any of said
bonds are to be so redeemed, no-
tice identifying same will be given
by publication at least once not
less than thirty days prior to the
redemption date in a newspaper of
general circulation throughout the
State of Iowa. Both principal and
interest of said bonds shall be pay-
able in lawful money of the United
States cf America at the office of
the City Treasurer iii and of the
City of Dubuque, Iowa. All of said
bands and the interest thereon, to-
gether with any additional bonds
ranking on a parity therewith as
may be issued and outstanding un-
der the conditions and restrictions
hereinafter set forth with respect
to the issuance of such additional
bands payable from the revenues
of said waterworks, shall be pay-
able solely from the bond and in-
terest redemption sinking fund,
hereinafter created, and shall be a
valid claim of the holder thereof
only against said fund, and none
of said bonds shall be a general ob-
ligation of said City nor payable
in any manner by taxation, but
said bonds and snch additional
bonds as may be issued on a
parity threvvith shall be payable,
both as to principal and inter-
est, solely and only from the
future net earnings of said water-
works pledged therefor as herein-
after provided, and under no cir-
cumstances shall said City be in
any manner liable by reason of
the failure of the net earnings of
the municipal waterworks to be
sufficient for the payment in whole
666 Special Session, December 15, 1950
or in part of said bonds and in-
terest thereon.
Sacfian 2. That said bonds and
coupons shall be in substantially
the fallowing form:
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(Form of band)
UNITED STATES OF APv1E21CA
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBU(lUE
WATER REtdENUE BOND
Number ............... $1,000
THE CITY OF DUBUQUE, in the
County of Dubuque, and State of
Iowa, fax value received, promises
to pay to bearer, in the manner
hereinafter specified, the sum of
One Thousand Dollars ($1000) on
the first day of December, 19-,
with interest on said sttm from the
date hereof at the rate of one and
seven-eight per cent (17.8 per cent)
per annum, payable semiannually
on the first days of June and De•
cember in each year until paid,
except as the provisions herein-
after set forth with respect to
prior redemption may be and be-
come applicable hereto, on presen-
tation and surrender of the inter-
est coupons hereto attached as
they severally become due; both
principal and interest being pay-
able in lawful money of United
States of America at the office of
the City Treasurer in and of the
City of Dubuque, Iowa.
This bond and the series of
which it is a part are issued by
said City pursuant to the provis-
ions of Section 397.10 et seq. of
Chapter 397 of the Cade of Iowa,
1950. and all other laws amenda-
tory thereof and supplemental
thereto, and in conformity with a
resolution of the City Council of
said City duly and finally passed
on the 15th day of December, 1950.
This bond is one of a series of
bands of like tenor and date (ex-
cept maturity), numbered from 1
to 100, inclusive, issued for the pur-
pose of defraying the cost of im-
proving and extending the munic-
ipal waterworks in and far said
City, and is not a general obliga-
tion of said City, but this band
and the series of which it forms
a part, together with such addi-
tional bonds as may be issued and
outstanding from time to time on
a parity therewith under the con-
ditions and restrictions set forth in
said resolution, are payable solely
and only out of the future net
earnings of said municipal water-
works which are pledged for that
purpose. This bond is not payable
in any manner by taxation and
under no circumstances shall the
City bf Dubuque be in any manner
liable by reason of the failure of
the said net earnings to be suffic-
ient far the payment of this bond
and the interest hereon.
The right is hereby reserved by
said City of Dubuque to call and
redeem bands of said issue num-
bend 31 to 100, inclusive, upon
terms of par and accrued interest,
prior to maturity, in whole, or
from time to time in part in the
inverse order of their numbering,
on any interest payment date on
or after December 1, 1952, and in
the .event any of said- bands are
to be so redeemed notice identi-
fying same will be given by pub-
lication at least once not less than
thirty . (30) days prior to the re-
demption date in a newspaper of
general circulation throughout the
State of Iowa. All such bonds thus
called for redemption and for the
retirement of which funds are duly
provided will cease to bear inter-
est on such redemption date.
And it is hereby certified, re-
cited and declared, that all acts,
conditions ..and things required to
exist, happen and be performed
precedent to and in the issuance
of this bond and the series of
which it is a part, have existed,
have happened and have been per-
formed in due time, form and man-
ner, as required by law, and that
the issuance of this bond does not
exceed or violate any constitution-
al or statutory limitation or pro-
vision.
IN TESTIMONY WHEREOF,
said City of Dubuque, by its City
Council, has caused this bond to
be signed by its Mayor and attest-
ed by its City Clerk, with the seal
of said City affixed, and the cou-
pons hereto attached to be exe-
cuted with the facsimile signature
of the said City Clerk, which of-
ficial by the execution of this
bond, does adopt as and for his
own proper signahue his facsimile
signature appearing on said cou-
Special Session, December 15, 1950 667
pons this first day of December,
1950.
Attest;
......................................... MAYOR
CITY CLERK
Form of Coupon
No. .... $ . ..,
The Treasurer of the City of Du-
buque, Iowa, will pay to bearer out
of the future earnings of its nnt-
nicipal waterworks ... , . , . , . Dol-
lars ($,...,......,) on ...................19......,
at the office of the City Treasur-
er, Dubuque, Iowa, as provided
in and for semiannual interest
then due on its Water Revenue
Bonds, dated December 1, 1950,
Number .. , .. .
City Clerk
(There shall also be printed in
bold face type across the face of
each of said bonds the following
provision:)
"This bond is not a general ob•
ligation bond nor payable in any
manner by taxation, but is payable
only from the net earnings of the
municipal waterworks of the City
of Dubuque, Iowa."
On the back of each bond there
shall be printed the certificate of
the City Treasurer in the following
form:
"The issuance of this bond has
been duly and properly registered
in my office as of the first day of
December, 1950,
Treasurer of the City
of Dubuque, Iowa."
Section 3. That said bonds shall
be signed by the Mayor and attest-
ed by the City Clerk, with the seal
of the City affixed, and the inter-
est coupons attached thereto shall
be executed by said City Clerk by
his facsimile signature, and said
official, by the execution of said
bonds shall adopt as and for his
own proper signature his facsimile
signature appearing on such coin
pons. When and as executed saic
bonds shall be delivered to the
City Treasurer to be by him duly
registered as to issuance as pro
vided by law, and said Treasure
shall sign the certificate herein
before set out in Section 2, ant
endorsed upon the back of each o'
said bonds and deliver said bonds
;o the purchaser thereof upon pay-
nent of the purchase price, same
oeing at least par and accrued in-
terest, and the proceeds received
by the sale of said bonds, exclu-
sive of accrued interest, shall be
applied to defraying the cost of
improvements and extensions to
the municipal waterworks of said
City. Any unexpended balance of
the proceeds of the bonds hereby
authorized remaining after the
completion of the improvements
and extensions shall be converted
into the "Water Revenue Bond
Sinking Fund," hereinafter created.
All accrued interest as may be re-
ceived from the sale of the bonds
hereby authorized shall be con-
verted into said "Water Revenue
Bonds Sinlcing Fund."
Secii®n 4. That upon the issu-
ance of the bonds hereby author-
ized and thereafter so long as any
of said bonds or any additional
bonds ranking on a parity there-
with are outstanding said munia
ipal waterworks shall be operated
as a revenue producing undertak-
ing. The rates charged by the City
of Dubuque, Iowa, to customers of
the municipal waterworks, includ-
ing the municipality, shall be such
reasonable rates within the follow-
ing maximum rates as will be suf-
ficient to pay for the operation
and maintenance of said water-
works and the principal of and
interest on the bonds herein auth-
orized. as they mature, The max-
imum monthly rates that need be
charged for services rendered by
said waterworks are hereby deter-
' mined to be as follows:
First 1000 cubic feet per month
at 54 cents per hundred cubic feet
Next 100D cubic feet per month at
44 cents per hundred cubic feet.
Next 1000 cubic feet per month at
34 cents per hundred cubic feet.
Next 7000 cubic feet per month at
28 cents per hundred cubic feet.
Next 5,000 cubic feet per month
at 20 cents per hundred cubic feet
Next 10,000 cubic feet per month
at 24 cents per hundred cubic feet
Next 25,000 cubic feet per month
at 22 cents per hundred cubic feet
Next 50,000 cubic feet per month
at 18 cents per hundred cubic feet
Balance at 14 cents per
hundred cubic feet.
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663 Special Session, December 15, 1950
From and after the issuance of
the bonds hereby authorized, the
income and revenues of said water-
works shall be set aside into a
separate and special fund and shall
be used in maintaining and operat-
ing said works, and after payment
of the proper and necessary main-
tenance and operation expenses
shall, to the extent hereinafter pro-
vided, be used to pay the principal
of and interest on the bonds as
herein authorized and any addi-
tional bonds ranking on a parity
therewith as may be issued and
outstanding under the resh°ictions
and conditions specified in Section
0 hereof. There shall be and there
is hereby created, and there shall
be maintained an account to be
known as the "Water Revenue.
Bond Sinking Fund," into which
there shall be set aside from the
future net earnings of said works
such portion thereof as will be
sufficient to pay the interest up-
on and principal of such bonds at
any time outstanding as the same
becomes due, and it is hereby de-
termined that the minimum
amount to be so set aside into said
sinking fund during the periods of
twelve months preceding Decem-
ber 1 of each year shall be not
less than as follows:
A sum equal to 100 percent of
the principal of all bonds matur-
ing on such succeeding December
1, plus a sum equal to 100 percent
of the interest becoming due on
and prior to such December 1 on
all of said outstanding bonds; pro•
vided, that until there has been
accumulated in such Sinking Fund
as a reserve an amount equal to
interest for two (2) years on the
bonds then outstanding the amount
to be so set apart and paid shall
be 110 percent of said principal
and interest, instead of 1D0 per-
cent; and provided also, that no
further payments need be made
into said Sinking Fund when and
so long as the amount therein is
sufficient to retire all of s a i d
bonds then outstanding and pay
all interest to became due thereon
prior to such retirement.
Such payments into said sink-
ing fund shall be made in equal
monthly installments on the first
day of each month, except tl'iat
when the first day of any month
shall be a Sunday or a legal holi-
day then such payments shall be
made on the next succeeding secu-
lar day. Such sinking fund shall
be used solely and only and is
hereby pledged for the purpose of
paying the interest on and prin-
cipal of said bonds and for no
other purpose. If at any time there
be a failure to pay into said sick-
ing fund the full amount above
stipulated, then an amount equiva-
lent to the deficiency shall be set
apart and paid into said sinking
£und £rom the net earnings of said
system as soon as available, and
the same shall be in addition to
the amount otherwise required to
be so set apart and paid into said
sinking fund.
All moneys held in said Water
Revenue Bonds Sinking Fund shall
be deposited in banks and all such
deposits exceeding $10,000 in any
one bank shall be continuously se-
cured by a valid pledge of direct
obligations of the United States
Government having an equivalent
market value or may. be invested
in direct obligations of the United
States Government; provided, how-
ever, that sale shall be made of a
sufficient amount of such obliga-
tions in the event that it shall
prove necessary to draw upon said
reserve so invested.
Any balance of the net earnings
in excess of the payments herein-
befoa°e specified to be made into
said V~ater Revenue Bond Sinking
Fund shail be available to the City
as the Council may from time to
time direct, and whenever and so
long as the amount in said sinking
fund is equal to the entire amount
of the interest and principal that
will became due on all of the
bonds outstanding, then no further
pagmonts need be made into said
sinking fund.
Suction 5. That the City of Du-
buque hereby covenants and
agrees with the holder or holders
of said bonds, and any of them
that may from time to time be out-
standing, that it will faithfully and
punctually perform all duties with
reference to the municipal water-
works required and provided by
the Constitution and Laws of the
State of Iowa and will segregate
the revenues of said works and
make application thereof in accord-
ance with the pi°ovisions of this
resolution,
Special Session, December 15, 1950 669
Section 6, The bonds hereby
authorized and from time to time
outstanding shall not be entitled to
priority or preference, one over
the other, in the application of the
net eat°niugs of said municipal
waterworks securing their pay-
ment, regardless of the time or
times of the issuance of s u c h
bonds, it being the intention that
there shall be no priority among
the bonds authorized to be issued
of the fact that they may have
been actually issued and deliver-
ed at different times. Said City
hereby covenants and agrees that
so long as any of the bands is-
are outstanding and unpaid no
other bonds or obligations payable
sued pursuant to this resolution
from the net revenues of said w~t-
erworks will be issued except up•
on the basis of such additional
bonds or obligations being subject
to the priority as to security and
payment of any of the bonds here-
in authorized which are then out-
standing; provided, however, that
said City hereby reserves the right
and privilege of issuing additional
bonds from time to time payable
from the same source and ranking
on a parity with the bonds here-
in authorized in order to pay the
cost of future improvements and
extensions to said waterworks, but
only if the officially reported net
revenues of said waterworks for
the last preceding calendar or fis-
cal year prior to the issuance of
such additional bonds was equal
to at least one and one fourth
times the total of (1) the maximum
amount of principal and interest
that will become due in any cal•
ender year on the bands then out-
standing under the terms of this
resolution and (2) the maximum
amount of principal and interest
falling due in any calendar year
prior to the last year in which any
of the bonds issued pursuant to
this resolution mature on the
bonds then proposed to be issued,
and provided also that the interest
payment dates for any such addi-
tional bonds shall be semiannually
on June 1 and December 1 of each
year, and the principal maturities
of such additional bonds shall be
on December 1 of any year in
which any of such principal is
scheduled to become due.
The term "net revenues" is de-
fined as gross revenues less operat-
ing expenses which shall include
salaries, wages, cost of mainten-
ance and operation, materials and
supplies, pumping costs, and insur-
ance, as well as all other items as
are normally included under rec-
ognized accounting practices, but
shall not include allowance For de-
preciation in the value of physical
properties,
Section 7. That for the further
security of the bonds herein auth-
orized and the coupons thereto at-
tached, alien is hereby recogniz-
ed znd declared to be valid and
binding upon the improvements
and extensions paid for through
the issuance of the bonds hereby
authorized, which lien shall take
effect immediately upon the de-
livery of any of said bonds. In the
event of a default in any of the
terms of this resolution, said lien
may be enforced and foreclosed
for the use and benefit of all of
said bonds then outstanding in the
manner provided by the laws of
the State of Iowa for the enforce-
ment and foreclosure of chattel
mortgages and it is hereby specifi-
cally agreed that all improvements
and extensions to the municipal
waterworks constructed through
the issuance of the bonds herein
authorized shall be and remain
chattels and never be regarded as
fixtures or become a part of the
real estate upon which located
even though attached thereto. The
City Clerlc is hereby. authorized
and directed to file a certified
copy of this resolution in the of-
fice of the County Recorder of
Dubuque County and cause the
same to be there duly recorded
for the purpose of evidencing such
lien and giving notice of the rec•
ord thereof.
Section 8, The City of Dubuque
agrees that so long as any of the
bonds hereby authorized remain
outstanding it will maintain insur-
ance for the benefit of the hold-
ers of the bonds issued hereunder
of a kind and in an amount which
usually would be cat°ried by private
companies engaged in a similar
type of business and that it will
keep proper books of records and
accounts, separate from all other
records and accounts, showing com-
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670 Special Session, December 15, 1950
plete and correct entries of all
transactions relating to said water-
works, and that the holders of any
of said bonds shall have the right
at all reasonable times to inspect
the system and all records, ac-
counts and data of the said City
relating thereto.
Section 9. The provisions' of
this resolution shall constitute a
contract between the City of Du-
buque and the holders of t h e
bonds herein authorized to be is-
sued as may from time to time be
outstanding and after the issuance
of any of said bonds no change,
variation or alteration of any kind
of the provisions of this resolution
shall be made until all of said
bonds issued hereunder and inter-
est thereon shall have been paid
in full.
Section 10, If any section, para-
graph, clause or provision of this
resolution shall be held invalid,
such invalidity shall not affect any
of the remaining provisions hereof,
and this resolution shall become
effective immediately upon its
passage and approval.
Section 11. That all resolutions
or order°s, or parts thereof in con-
flict herewith, be and the same
are hereby repealed to the extent
of such conflict.
Introduced December 4, 1950.
Passed and approved December
15th, 1950,
CLARENCl~, P. WELD
Mayor.
ROMOLO N. RUSSO
RUBEN V. AUSTIN
LEO N, SCHUELLER
Councilmen.
Attest: J. J. SHEA
City Clerk.
Recorded December 15th, 1950.
J. J, SHEA
City Clerk.
Councilman Russo moved t h e
adoption of the resolution. Second-
ed by Mayor Welu. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller,
Nays -None.
Absent -Councilman 1{o1b.
Councilman Russo moved that
the rules be suspended for the
purpose of allowing any one pres-
ent in the Council Chamber, who
wishes to do so, to address the
Council, Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller,
Nays -None,
Absent -Councilman Kolb.
The matter of rent control was
opened up for discussion by var-
ious landlords, who claimed that
rent control is keeping apartments
off the market because owners
feel they are losing money by
renting them, and also maintained
that they are the only ones con-
trolled and that the ceilings set-
dom keep pace with repair, main-
tenance and operation casts. The
tenants, represented chiefly by the
labor union spokesmen, quoted fig-
ures on average salaries and also
as to a housing shortage and in
support of continuation of con-
trols, the Trades and Labor Con-
gress submitted a copy of a hous-
ing survey made here in Septem-
ber by the rent control authorities,
which copy also showed the differ-
ence in rents where controls are
in effect and where rents are not
controlled, also reports were sub-
mitted by five personnel directors
of local industrial plants which
showed that numerous workers are
commuting 35 to 40 miles to work
here on account of the housing
shortage. During the discussion on
rent control Mayor Welu pointed
out that rent ceilings are wrecked
by the lack of controls on con-
versions, Apartments produced by
cutting up larger -units such as
complete homes or larger apart-
ments and further stating that the
law should be full it penalizes
these people who have had prop-
erties for years, that the national
legislators have made a mess of
rent control and thrown it to the
City Councils, Councilman Austin
suggested ahand-off policy for 90
days and that some may say we
are passing the buck to the federal
government, but it isn't our baby
yet, and we don't want it, Coun-
cilman Russo stated that from
both his study and contact with
the law that he felt that ceilings
Special Session, December 15, 1950 .671
do not help to make housing avail-
able, it discourages it.
At the conclusion of the hearing
on rent controls CouncIlman Aus-
tin cited four reasons for wanting
to keep controls and based his
decisions on the 30 percent in-
crease now available to small land-
lords, the 90 day extension voted
by congress, the unstable war situ-
ation and the thought that by
March 15 some people might be
out on the street if the controls
are gone and moved that the ex-
tension of rent control be made
till June 30th, 1951. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas -Mayor Welu, Council•
men Austin, Schuellor,
Nays -Councilman Russo.
Absent -Councilman Kolb.
RESOLUTION N0. 378.50
A Resolution declaring the need
for the continuance of rent con-
trol in the City of Dubuque, Iowa;
finding that a shortage of rental
housing exists in said City and de-
claring an emergency,.
Whereas under the provisions of
the Housing and Rent Act of 1950
the provisions of the Housing and
Rent Act of 1947 as amended es-
tablishing maximum rents shall
cease to be in effect in the City
of Dubuque, Iowa at the close of
December 31st, 1950 unless the
governing body of the City of Du•
buque, Iowa declares by Resolu•
tion adopted in accordance with lo-
cal Law prior to said date that a
shortage of rental housing accom-
modations exists which requires the
continuance of rent control in said
City; and
Whereas maximum rents under
the Housing and Rent Act of 1947
as amended are now in effect m
said City; and
Whereas the City Council of the
City of Dubuque, Iowa is the gov-
erning body of said City; and
Whereas the City Council after
public hearing has determined that
a shortage of rental housing ac-
commodations exists whch re-
quires the continuance of rent con-
trol in said City;
NOW THEREFORE, BE IT RE•
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE:
1, That a shortage of rental hous-
ing accommodations exists in the
City of Dubuque, Iowa which re-
quires the continuance of rent con-
trol in said City;
2.. That this Resolution is adopt-
ed far the purpose of continuing
rent controls in said City under the
provisions of the Housing and Rent
Act of 1950 and the Housing and
Rent Act of 1947 as amended;
3. That the City Clerk is hereby
authorized and directed promptly
to notify the Housing Expediter
in writing of the adoption of this
Resolution and furnish him a copy
thereof;
Passed, adopted and approved
upon first and final reading this
15th day of December, 1950.
CLARENCE P. WELD
MAYOR
RUEBEDT V. AUSTIN
LEO N,SCHUELLER
COUNCILMEN.
Attest: J, J. SHEA
CITY CLERK
Councilman Austin moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote;
Yeas -Mayor Welu, Council-
men Austin, Schueller.
Nays -Councilman Russo.
Absent -Councilman Kolb.
Notice of Claim of Edward Alber
in the amount of $67.50 caused
fr°om the city sewer being clogged
and backing into his basement at
1449 Locust Sheet, presented and
read. Councilman Russo moved
that the Notice of Claim be referr-
ed to the City Solicitor for investi-
gation and report, Seconded by
Mayor Welu, Carried by the fol-
lowing vote;
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller,
Nays - Nene,
Absent -Councilman Kolb.
Notice of Claim of Michael Setti-
casi in the amount of $50.00 for
damages to his car caused in strik-
ing an open manhole at University
Avenue and Alpine Street, pre-
sented and read. Councilman Rus-
so moved that the Notice of Claim
be referred to the City Solicitor
672 Special Session, December 15, 1950
for investigation and report. Se•
conded by Mayor Welu. Carried
by the following vote:
Yeas -Mayor Welu, Council-
men Austin, PeUS50, Schueller.
Nays-Pdone.
Absent -Councilman Kolb.
Communication of the United
States Conference of Mayors sub-
mitting copy of the complete text
of the President's Executive Order
setting up a Federal- Civil Defense
Admitistration, presented a n d
read. Councilman Austin moved
that the communication be receive
ed and placed on file. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
Notice of Hearing from the Corps
of Engineers, U. S. Army, R o c lc
Island, Illinois, on the request of
Molo Sand and Gravel Company
for extension of permit for dredg-
ing of sand and gravel for com-
mercial purposes from the Missis-
sippi River, said hearing to be held
on December 18, 1950, presented
and read, Mayor Welu moved that
the Notice be referred to the Dock
Commission. S~°conded by Council-
man Russo, Carried by the fol-
lowing vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None,
Absent -Councilman Kolb.
December 13, 1950
City Clerk
City of Dubuque
Dubuque, Iowa
Re:: Powers of Attorney
Dear Sir:
We are enclosing Power of At-
torneys forms for the following:
J. R. Owens, R. M. Schuler. Kind-
ly file these Power of Attorney
forms in the usual manner as evi-
dence of the authority granted
these individuals by the Hawkeye-
Security Insurance Company to
execute fidelity and surety bonds
on its behalf. Thanking you, we
are
Yours very truly,
Hawleeye-Security Insurance
Company
D. B. Reid
Fidelity & Surety
Department.
Councilman Russo moved that
tae cominunicatian be received
and made a matter of record and
the Powers of Attorneys placed
on file. Seconded by Mayor Welu.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Austin, Russo, Schueller,
Nays -None.
Absent -Councilman Kolb.
Communication of The Ideal
Plumbing and Heating Company
requesting release of their excava-
tion bond, which they have cancell-
ed on June 4, 1948, presented and
read,
Mayor Welu moved that the re-
quest be granted and the proper
officials authorized to execute the
release. Seconded by Councilman
Austin. Carried by the following
vote;
Yeas -Mayor Welu, Council•
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
Petition of George Saffron re-
questing apermit to blast within
the Dubuque City limits and sub-
mitting ablasting bond in the pen-
al sum of $5,000.00, presented and
read, Councilman Russo moved that
the request be granted and the
blasting bond approved and placed
on file. Seconded by Mayor Welu.
Carried by the following vote;
Yeas -Mayor Welu Council-
men Austin, Russo, Schueller.
Nays - None.
Absent -Councilman Kolb.
Petition of Thos. Flynn C o a 1
Company requesting pemission to
use explosives, for the removal
of solid rock and submitting a
blasting bond in tae penal sum of
$5,000.00 presented and read.
Councilman Russo moved that the
request be granted and the blast-
ing bond approved and placed on
file. Seconded by Mayor Welu. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
Petition of C, A, Brockert, Prin-
cipal Franklin School and Rt, Rev.
Mgsr.. J. V. Casey, Pastor of St.
Raphael's Church, requesting the
installation of two sets of flasher
type traffic lights, one at St, Ra-
5pecialS~ssit;ll, ilccsm0~~r 15, 1950 (i13
phael's School and one at Franklin
Elementuy School, presented and I
read, Councilman Schueller moved
that the petition be referred to the
City Manager and Chief of Police
for investigation and report. Se-
conded by Councilman Russo. Car-
vied by the following vote:
Yeas -Mayor Weiu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb,
Dubuque, Iowa.
December 10, 1950
Dubuque City Council
City Hall
Dubuque, Iowa
Attention: Mr, J, J. Shea
Honorable Mayor and City Council-
men:
Due to recall to military ser-
vice, I do hereby request a leave
of absence from my duties on the
Dubuque Police Department, to be-
come effective November 29, 1950.
Any salaries that may be due me
may be forwarded to my wife at
1490 Audubon Street, Dubuque,
Iowa. Thanking you sincerely, 1
remain
Yours very trul}•,
Paul T, Neyens,
Mayor Welu moved that the re-
quest be granted and made a mat-
ter of record. Seconded by Coun-
cilman Schueller, Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None,
Absent -Councilman Kolb.
Quit Claim Deed of Klauer Manu-
facturing Company conveying Lot
2 of the Subdivision of Lot 258
of Glendale Addition No. 3 to the
City of Dubuque, Iowa, presented.
Councilman Austin moved that the
deed be accepted and recorded
with the County Recorder. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None,
Absent - Cauncilm~n I~a1b.
Ordinance No. 48.50, An Ordin-
ance declaring that public convenr-
ence and necessity will be served
by the establishment of off~treet
parleing facilities on certain de-
scribed property in the City
of Dubuque direcGne ttie acquisi-
tion of the same by condemnation
or otherwise and the erection of
off-street parking facilities ther:-
on; all. as provided in chapter 390
of the 1950 Cade of Iowa,: said-
ordinance having been passed upon
first reading on December 4th,
1950 a.ld ordered placed on file
with the City Clerk for public in-
spection for at least one week be-
fore its final adoption, was pre-
sented far final adoption.
(Official Pnhlication)
ORDINANCE No. 43-50
An Ordinance declaring that public
conveniences and necessity will be
served hp the establishment of off-
street parking facilities on certain
described property in the City oP Du-
buque; directing the acquisition of t_e
same by condemnation or otherwi~
and the erection of off-street parlting
facilities thereon; all ae provided in
Chapter 390 of the 1960 Code of Iowa.
Whereas, pursuant to legal notice,
a hearing was held in the City Council
Chambers at the City Hall in the
City of Dubuque, Iowa, at 7:30 o'clock
p. m, on December 4th, 19b0, on the
question whether or not public con-
venience and necessity will be served
by the establishment oY off-street
parking facilities ou
City Lots 204, 205, 20G, 207 and 203
in the Town (now City) of Dubuque,
Dubuque County, Iowa; and
Whereas, at said hearing all parties
who wished to do eo were given an
opportunity to appear and he heard;
Now Therefore, Be it Ordained »y
the City Council of the City of Du-
buque:
Section 1, That the establishment
of off-street parking facilities on Lots
204, 205, 206, 20? and 203 in the Town
(now City) of Dubuque, Dubuque
County, Iowa, will best serve the pnb-
lic convenienco and necessity of the
',City of Dubuque and all objections
thereto are herby overruled;
` Section 2. That the City Solicitor
be and he is hereby authorized and
.directed to commence proceedings in
,accordance with Section 403.9 of the
I1060 Code of Iowa in the name of the
-City oP Dubuque to acquire title to
so mach of said property as is not
not^, vested in the City of Dubuque;
Section 3. That when title to said
property or any part thereof is vested
in the City oY Dubuque ofP-street
parking facilities shall be established
thereon in accordance with plans pre-
pared by the City Manager and ap•
proved by the City Council;
Section 4. That upon the estab-
lishment of off-street parking facilities
on said property or any part thereof
the Citp Council eha11 have power by
'Ordinance to establish and maintain
dust and equitable rates or ehargBs
for the use of and the service ren-
dered by said lands and facilities and!
provide for the collection of revenue
therefrom;
Section 6. That ttpon the establish-
ment of off-street parlting facilities
on said property or any part thereof
the Clty of Dubuque shall not sell,
or offer Por sale, any merchandise,
or supplies, including gasoline, oIl or
motor vehicle supplies;
Section 6. This Ordinance shall be-
come effective ten (10) lave after its
Gna] passage, adoption and pnblica-
tion as provided by lave.
674 Special Session, Tecember 15, 1950
Passed on first reading this 4th day
of December, 1950.
Passed, adopted and approved this
16th day of December, 1960.
CLARENCE P. 1VELU,
Mayor,
RObTOLO N, RUSSO,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Attest: Councilmen.
S. J. Shea,
City Clerk.
Published officially in The Tele-
graph-Herald this 20th day of De-
cember, 1960.
J. s. sxEA,
1tDec20 City Clerk.
Councilman Austin moved the
adoption of the ordinance. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller,
Nays -None.
Absent -Councilman Kolb.
Ordinance No, 49-50. An Ordi-
nance granting to Crescent Realty
Corporation, an Iowa corporation,
its successors and assigns, the right
to construct a sanitary sewer in
South Main Street from said cor-
poration's property line to connect
with the combination storm and
sanitary sewer now located in Rail-
road Avenue; and, prescribing the
conditions of this grant and, regu-
lating the connection with said san-
itary sewer. Said ordinance having
been passed upon first reading on
the 4th day of December, 1950 and
ordered placed on file with the
City Clerk for public inspection for
at least one week before its final
adoption, was presented for final
adoption.
(Official Publication)
ORDINANCE N0. 49.50
An Ordinance granting to Crescent
Realty Corporation, an Iowa corpora-
tion, its successors and assigns, the
right to construct a sanitary sewer
in South Main Street froth said cor-
pm~ation's property line to connect
with the combination storm and son-
itary sewer now located in Railroad
Avenue; and, prescribing the condi-
tions of this grant and, regulating
the connection with said sanitary
sewer.
Be It Ordained by the City Coun-
cil of the City of Dubuque, Iowa;
Section 1, Crescent Realty Cor-
poration, an Iowa corporation, its suc-
cessors and assigns be and it is here-
by granted the right to construct an
eight (S) inch sanitary sewer in
South Main Street and Railroad Ave-
nue commencing at a point approxi-
mately 137 feet north of the south-
west corner of Lot No. 1 of the Sub-
division of Lots 1 to 8 inclusive of
the westerly one-half oY Bloclc 19
Dubuque Harbor Co.'s Addition,
thence westerly across and under
South Main Street to a point between
the tivest curb line and the west
street line of South Main Street,
thence southerly to Railroad Avenue
and connecting with the SO inch
combination storm and sanitary
sewer main now located in Railroad
Avenue.
Section 2. That the total cost of
constructing said sewer shall be paid
by said grantee and built under the
supervision of, and in accordance with
plans and specifications approved by
the City Manager and the City En•
gineer.
Section 3. That before commencing
any excavation in the street pre-
Paratory to the laying of the server,
said grantee or the contractor to
whom the work shall he awarded
shall cause to be filed with the City
~oP Dubuque a ptthlic liability and
property damage insurance policy,
with a company and in form to be
approved by said City, in which the'
City of Dubuque, Iowa, ie named as
an additional insured and by the
terms of which policy rho City of.
Dubuque, Iowa, shall be insured'
against liability in the amount o4
Ten Thousand Dollars ($10,000) Yor
any and all damages which may be
sustained by reason of or in eon-i
nection with the aonstthmtion of
said improvement and said poifoy;
ehal] remain in force and effect un-'
til all ditches have been refllled, nb=~
structions removed from the streot
and the surface of the street and.
sidewalks replaced to as good con•'
dition as they were in before dis-
turbed.
Section 4. As a furthet• condition
of this grant, it is understood that
after said sewer is completed the
City o4 Dubuquo shall have the right;
to make extensions thereto into other
streetts or districts without being re-'
quired to pay any part of the cost oY
the original construction of the sewer
herein authorized.
Section 5. Upon completion of th0
aforesaid project pursuant to the di-;
rection and supervision of the City
Manager and City Engineer, and ac-`
ceptance by the City Council of the'
City of Dubuque, all maintenance andl
repairs of this sewer shall be paid!
by the City of Dubuque.
Section 6. After said sewer has
been completed and the total cosh
thereof determined, such cost shall
be certified as correct a.nd filed in
the office of the City Clerk, where.
the same shall remain as a perma-
Inent record. Any person or persons.
desiring to connect with sail sewer-
shall first apply to the City Council
Ifor permission so to do and such
permission shall be granted upon con-
dition that uch property owner pay
~to the applicant herein, its succes-
sors or assigns, such a part oP the
total original cast of constrnction of!
said sewer as the linear feet oP they
property to be connected bears to'~,
the same, which Bost sha-11 not be in'~
excess of that which may be levied!
upon property in the construction of
'sewers as provided by Statute,
Section 7, That after .said sewer
has been constructetd it shall not be'
removed ar its free use interfered'
with by the grantee herein, its suc-
cessors or assigns,
Section 8. This Ordinance shall be.
in force and effect ten days Pcom.
and after its final passage, adoption
and publication as provided by Law,
Passed upon first reading this 4th
day oP December, 1950.
Rules requiring reading of an Ordi-
jnance on three separate days sus-
-Fended the 4th day of December, 1950.
'~, Passed, adopted and approved upon
final reading this 15th day of De-
~cember, 1950.
CLARENCE P. WELU
Mayor
ROMOLO N. RUSSO
RUBEN V. AUSTIN
LEO N. SCHUELLER
- Councilmen
Special Session;. December 15, 1y50 675
Attest: S. J. Shea, City Clerk.
Published officially in The Tele-
graph-Herald newspaper -this 20th
day oP December, 1950,
J. S, SHEA,
It Dec. 20 City Clerk '
Mayor Welu moved the adoption
of the ordinance. Seconded by
Councilman Russo. Carried by the
following vote:
Yeas -Mayor WehT, Council-
men Austin, Russo, Schueller,
Nays -None.
Absent -Councilman Kolb.
Councilman Austin moved that
the following decisions of the City
Council be approved and referred
to the proper agencies for their.
action; That an ordinance be
passed requiring all trucks over
five ton capacity and all trucks
carrying livestock or trucks used
far this purpose to remain on the
marked highways except that they
may leave such marked highways
in the blocks in which they are
required to make deliveries or
make pick-ups; That an amend-
ment be made to the Building Code
requiring certain types of new
businesses to provide parking
space for tenants or customers to
a degree set forth in the ordinance,
this degt°ee to be determined by
sound engineering practices and
recommendations; That Main
Street be made a through street
from the south line of Jones Street
to the north line of West Seven-
teenth; That traffic actuated lights
be installed at Main Street and
Loras Boulevard; That vehicles
traveling east and west on East
29th Street must stop before enter-
ing the intersection of East 29th
Street and Washington Street and
also must stop before entering the
intersection of East 29th Street
and Elm Street, Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas -Mayor Welu, Council
men Austin, Russo, Schueller,
Nays -None.
Absent -Councilman Kolb,
December 12, 1950
To the Honorable Mayor and
Members of the City Council,
Dubuque, Iowa
Gentlemen:
P.t a session of the City Counci'
of the City of Dubuque, Iowa heir
December 4, 1350, the following
motion was adopted. `
That the attachedpetition of Cle
ment L, Hasse and others asking
to have Caledonia Street.. made
parking on the West side only. be
referred to the Chief of Police and
the Chief of the Fire Department
fm• their recommendation and re-
port.,
We have made an investigation
and find that this is a highly con-
gested parking area, however there
is very little vehicular traffic on
this street, and do not consider it
a hazard. It is our recommendation
that there be no change made on
this street.
Respectfully yours,
Thomas C. Hickson, Fire Chief.
Jos. H. Strub, Chief of Police.
Councilman Austin moved that
the recommendation of Fire Chief
Hickson and Police Chief Strub be
adapted. Seconded by Mayor Welu.
Carried by the following vote:
Yeas -Mayor W'elu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
December 13, 1950
Mayor C. P. Welu and
Members of the City Council
of the City of Dubuque, Iowa
Honorable Sirs:
Due to the over-crowded condi-
tion which existed at the City
Council Meeting which was held
at the Council Chambers at the
City Hall on December 4, '1950,
I recommend that, hereafter all
gatherings held in the Council
Chambers be limited to seating
capacity only.
That exit lights be provided at
the fire escape window on the
south side of the building; also at
entrance to Council Chambers; at
head of stairs leading from 2nd to
1st floor and at the door on 1st
floor leading to 13th Street,
I kindly ask that you give the
above matter your immediate con-
sideration, that the condition
which existed on December 4th can
not be repeated.
Respectfully yours,
Thos. C. Hickson,
Chief of Fire Dept.
Councilman Schueller moved
that the communication of Fire
Chief Hickson be referred to the
City Solicitor for recommenda-
tion and report. Seconded by Coun-
676 Special Session, December 15, 1950
Gilman Austin, Carried by the fol-
lowing vote:
Yeas -Mayor Welu„ Council-
men Austin, Russo, Schueller.
Nays -None,
Absent -Councilman Kolb,
December 14, 1950
To the Honorable Mayor and
Members of the City Council
of the City of Dubuque
Dubuque, Iowa
Gentlemen:
By action of the City Council
the claim of William White far
damages to his 1950 Buick Sedan
in the sum of $106.20 was referr-
ed to this office for investigation
and report. After due investiga-
tion we found that the alley lying
between Delhi Stt°eet and Univer-
sity Avenue was in a bad state of
disrepair; that the surface was
rough and uneven and large rocks
protruded. It is therefore respect-
fully recommended by this office
that the council allow the claim of
William White in full and that the
City Auditor be instructed to issae
a warrant payable to the order of
William White in the sum of $106.-
20 upon the execution of a proper
release by him.
Respectfully submitted,
By R, M. Czizek
Assistant City Solicitor,
Councilman Russo moved that
the recommendation of Assistant
City Solicitor Czizek be approved
and the City Auditor instructed to
draw a warrant in the amount of
$106.20 in favor of William White,
as settlement in full of his claim,
and that said warrant be deliver-
ed upon receipt by the City of
Bubuque of a properly executed
release. Seconded by Councilman
Schueller. Carried by the fallowing
vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller,
Nays -None,
Absent -Councilman Kolb.
December 15, 1950
To the Honorable Mayor and
Members of the City Council
of the City of Dubuque
Dubuque, Iowa
Gentlemen:
By action of the City Council of
the City of Dubuque, the claim of
Joseph TvI. Heer was referred to us
for investigation and report, Af-
ter due investigation was made we
found that a loose manhole cover
lying in the street on the intersec-
tion of Curtis and Bryant Streets
was the cause of the resulting dam-
age to the plaintiff's automobile in
the sum of $15.00.
We therefore respectfully re-
commend that the claim be allow-
ed in the sum of $15,00 and that
the City Auditor be instructed to
draw a warrant in favor of Joseph
M, Heer in said amount to be given
to him upon the execution of a
proper release signed by him,
Respectfully submitted,
By, R. M, Czizek
Assistant City Solicitor
Mayor Welu moved that the re-
cornmendation of Assistant C i t y
Solicitor Czizek be approved and
the City Auditor instructed to draw
a warrant in the amount of $15.00
in favor of Joseph M. Heer, as
settlement in full of his claim, and
that said warrant be delivered upon
receipt by the City of Dubuque of
a properly executed release. Se•
conded by Councilman Russo. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
December 14, 1950
To the Honorable Mayor and
Members of the City Council
of the City of Dubuque
Dubuque, Iowa
Gentlemen:
The claim of Mrs, Elizabeth Jo-
gerst filed with the City Clerk by
her on November 9, 1950, for per-
sonal injuries received while walk-
ing on the crosswalk at 19th and
Washington Street was referred
to us for investigation and report.
After due investigation we are
of the opinion that no liability ex-
ists upon the part of the City of
Dubuque in this respect and there-
fore recommend to your honorable
body that the claim be denied.
Respectfully Submitted,
By R. M. Czizek
Assistant City Solicitor.
Councilman Russo moved that
the recommendation of Assistant
City Solicitor Czizek be approved.
Special Session, December 15, 1950 677
Seconded by Councilman Austin.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb,
December 13, 1950
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I herewith submit reports of the
City Auditor, City Treasurer, City
Health Department and City Water
Works for the month of November
1950; also list of • claims and list
of payrolls for which warrants
were issued for. the month of
November 1950,
Respectfully submitted,
A, A. Rhomberg,.
City Manager.
Mayor Welu moved that the re-
ports be received and placed- on
file. Seconded by Councilman
Schueller, Carried by the following
vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
December 15, 1950
To the Honorable Mayor
and City Council
Dubuque, Iowa.
Gentlemen:
At the meeting of November
6th, the petition of Mrs. Edith
Kleih and others requesting street
lights on Strauss, Balke and Bruns-
wick Streets, and at the meeting
of December 4th,. the petition of
Eugene G. Graham and others re-
questing astreet light at Garfield
Avenue and Roosevelt Street were
referred to the City Manager and
Electrical Inspector for recommen-
dation and report,
These recommendations have
been examined and it is recom-
mended that overhead street lights
be installed at the following inter-
sections:
1) Strauss and Brunswick Streets
2) Ba1ke and Link Streets
3) Garfield Avenue and Roose-
velt Street.
Respectfully submitted,
A. A. Rhomberg,
City Manager,
Councilman Austin moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
December 15, 1950,
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
In accordance with your instruc-
tions, herewith is presented a
grade profile and ordinance for
the alley between Balke and Bruns-
wick Streets from Lowther Street
to Groveland Place for your ap-
proval.
Respectfully submitted,
R. J. Gallagher,
City Engineer.
Mayor Welu moved that the com-
munication of City Engineer Galla-
gher be received and filed. Sec-
onded by Councilman Austin. Car-
ried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller:
Nays -None,
Absent -Councilman Kolb.
(Awarding Confract)
RESOLUTION N0, 364.50.
WHEREAS, proposals have been
submitted by contractors for the
furnishing, F, 0. B. Dubuque, Iowa
of the following:
One quintuplet combination fire
truck with an engine developing
a minimum of 265 B.H.P. when
using 72 octane gasoline and hav-
ing a 65 foot steel aerial ladder
hydraulically operated and having
a two stage centrifugal pump de-
livering from draft the following;
1,000 g.p.m. at 150 lb. pressure,
700 g.p.m, at 200 lb. pressure and
500 g,p.m. at 250 lb. pressure, The
apparatus shall have a hose box
of a size to hold 1,000 lineal feet
of double jacket, rubber lined 21-2
inch hose, It shall be equipped
with a booster tank of at least
100 gallons, constructed of rust-
proof steel with reel or compart-
ment containing 200 feet of 3-4
inch hose in 500 foot sections
with expansion couplings of rocker
lug type. Ground ladder space is
to be provided in double banks
for a total of 222 feet of ladders,
...:, -~ .
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678 Special Session, December 15, 1950
The following accessories are to be
included as part of the equipment;
ladder pipe with proper mounting
for carrying and operating with
hose connections and Siamese; 1-
50 foot section of double cotton
jacket rubber lined 3 inch hose
with couplings; mounting for one
attic ladder; one Mars signalling
light; one C-5 Federal siren minus
flasher; one 2 1-2 inch by-pass to
booster tank; four 2 1.2 inch out-
lets; two 10 foot hand suction
hoses to fit local hydrants, two
2~ inch gated hydrant connections
into suction of pump; one 2 1-2
gallon pump can in lieu of soda-
acid extinguisher and Herman M.
Brown Company of Des Moines,
Iowa has submitted the lowest bid
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract far the above
mentioned equipment be awarded
to Herman M, Brown Company of
Des Moines, Iowa and the Man-
ager be and he is hereby directed
to execute a contract on behalf
of the City of Dubuque for the
complete performance of said work,
BE IT FURTHER RESOLVED
Chat this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Council,
Approved and placed on file for
one week on December 4th, 1950.
Passed and adopted this 15th day
of December, 1950.
CLARENCE P. WELU
Mayor.
ROMOLO N, RUSSO
RUBEN V. AUSTIN
LEO N. SCHUELLER
Councilmen,
Attest: J. J. SHEA
City Clerk,
Councilman Russo moved the
adoption of the resolution. Second-
ed by Mayor Welu. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb,
RESOLUTION N0. 379.50.
Whereas the City Manager has
recommended that City Lots 615,
616, 616A, the Southerly 8 feet
of City Lot 617 and the North-
erly 64 feet of City Lot 617
(meaning to include all of City
Lot 617) and Lot 1 of City Lot
690, all in the City of Dubuque,
Dubuque County, Iowa, be acquir-
ed by condemnation or otherwise,
and improved, maintained and op-
erated by the City of Dubuque,
as municipally owned parking lots
or off-street parking facilities all
in accordance with Chapter 390 of
the Code of Iowa; and
Whereas under the provisions
of said Chapter a public hear-
ing is required to determine
whether public convenience a n d
necessity will be served by the
establishment of such facilities at
such location and that notice of
such hearing be published once at
least two weeks prior to the date
set far such hearing;
Now Therefore, Be It Resolved
by the City Council of the City of
Dubuque:
I, That a -public hearing be had
to determine whether or not pub-
lic convenience and necessity will
be served by the establishment of
municipally owned parking lots
or off-street parking facilities on
the above described property and
by the acquisition by condemna-
tion or otherwise, of all of such
property and by the improvement
of said property to maintain and
operate such facilities;
II, That such hearing be held at
the City Council Chambers in the
City Hall in the City of Dubuque,
Iowa, at 7:30 P.M, on the 10th
day of January, 1951;
III. That the City Clerk be and
he is hereby authorized and dir-
ected to cause to be published in
the Telegraph-Herald, a newspaper
of general circulation in t h e
City of Dubuque, Iowa, Notice of
such hearing, the same to be pub-
lished so as to leave at least two
weeks between the day of such pub
lication and the day fixed for said
hearing. Said Notice shall contain,
among other, the provision that
any person affected by the estab-
lishment of said parking lot or
off-street parking facilities and
all citizens shall have an oppor-
tunity to be heard.
Special Session, December 15, 1950 679
Passed, adopted and approved
this 15th day of December, 1950.
CLARENCE P, WELU
Mayor.
ROMOLO N. RUSSO
RUBEN V. AUSTIN
LEO N,SCHUELLER
Councilmen
Attest: J. J, SHEA
City Clerk
Mayor Welu moved the adop-
tion of the resolution, Seconded
by Councilman Russo. Carried by
the following vote:
Yeas -Mayor Welu, Council-
men .Austin, Russo, Schueller.
Nays -None,
Absent -Councilman Kolb.
RESOLUTION N0. 380.50.
Whereas a petition has been fil-
ed with the City Clerk asking that
the area bounded in general by ',
Southern Avenue, Lot One (1) of
Lot Twa (2) of Lot Three (3) of
part of Lot Thirty-Seven (37), the
Dubuque Cascade Road, and Lot
One (1) of Two (2) of Lot Four
(4) in O'Connor's Subdivision all
in the City of Dubuque, Iowa, be
changed from its present zoning
classification to "Light Industrial
District" classification; and
Whereas said petition was duly
referred to the Planning and Zon-
ing Commission of Dubuque for in-
vestigation and report; and
Whereas said Planning & Zon-
ing Commission has filed its re-
port recommending the granting of
said petition; and
Whereas before the zoning map
and zoning ordinance of the City
may be changed it is necessary
that a public hearing be held there
on; and
Whereas the City Council deems
it advisable to hold such public
hearing;
NOW THEREFORE BE IT RE-
SOLVED. BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE
That there shall be a public hearing
on the question of the change
in zo ningclassification of the
area bounded in general by South-
ern Avenue, Lot One (1) of Lot
Two (2) of Lot .Three (3) of part
of Lot ThirtySeven (37), The Du-
buque Cascade Road, and Lot One
(1) of Lot Two (2) of Lat Four
(4) in O'Connor's Subdivision from
its present classification to "Light
Industrial District" Classification
to include the following described
property and changes:
On the southerly side of South-
ern Avenue, to include all of that
area bounded by the following: be-
ginning at a point on the north-
westerly corner of Lot One (1)
of Lat Two (2) of Lot Three (3)
of part of Mineral Lot Thirty-Seven
(37), thence southerly along the
northeasterly lot line of Lot One
(1) of Lot Two (2) of Lot Three
(3) of part of Mineral Lot Thirty-
Seven (37) to the northerly line
of the Dubuque Cascade Road;
thence southwesterly along t h e
northerly line of the Dubuque Cas-
cade Road to the southwesterly
line of Lot One (1) of Lot Two
(2) of Lot Four (4) in O'Connor's
Subdivision; thence northerly
along the westerly line of Lot One
(1) of Lot two (2) of Lot four
(4) in O'Connor's Subdivision to
its intersections with the South-
erly line of Southern Avenue;
thence northeasterly along t h e
southerly line of Southern Avenue
to the point of beginning, (all in
the 200 and 300 numbered blocks
on Southern Avenue), changed
from "Local Business District"
classification to "Light Industrial
District" classification,
That the time and place for said
public hearing be and the same
is hereby fixed for 7:30 o'clock
P. M. on the 10th day of January,
1951 in the City Council Chamber
at the City Hall in the City of Du-
buque, Iowa;
That the City Clerk be and
he is hereby directed to cause to
be published in the Telegraph-Her-
ald, the official newspaper in the
City of Dubuque, notice of such
hearing which notice shall be so
published as to leave at least fif-
teen (15) days between the day of
.such publication and the day here-
in fixed for said hearing and that
said notice shall contain, among
other things, the provision that any
and all parties in interest and any
and all citizens shall. have an op•
portunity to be heard at said pub-
lic hearing.
__ - - __ -
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680 Special Session, December 15, 1950
Passed, adopted and approved
this 15th day of December, 1950.
CLARENCE P. WELU
Mayor.
ROMOLO N. RUSSO.
RUBEIQ V. AUSTiTd
LEO N. SCHUELLER
Councilmen,
Attest: J. J. SHEA
City Clerk.
Mayot' Welu moved the adop-
tion of the resolution. Seconded by
Councilman Austin. Cart'ied by the
following vote;
Yeas -Mayor Welu, Council-
. men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
RESOLUTION N0. 381.50
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following, having complied
with the provisions of law relat-
ing to the sale of cigarettes within
the City of Dubuque, be granted a
permit to sell cigarettes and cigar-
" ette papers within said City and
the Managet' is directed to issue
such pernut on behalf of said City.
Elmer L. Treivieler (Effective 1-
1-51), 2103 Jackson Street.
Christ Bogas (Effective 1.1.51)
402 Main Street
Norbert H. Sauser ((Effective 1-
1-51) 2774-2776 Jackson Street.
BE IT FURTHER RESOLVED,
that the bonds filed with the appli-
cations be approved.
Passed, adopted and approved
this 15th day of December, 1950.
CLARENCE P. WELU
MAYOR.
ROMOLO N. RUSSO
RUBEN V. AUSTIN
LEO N. SCHUELLER
COUNCILMEN.
Attest: J. J. SHEA
CITY CLERK.
Mayor Welu moved the adop-
tion of th re t i n e e
e so ut o. S cond d b
Y
Councilman Schueller. Carried by
the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays - None.
Absent -Councilman Kolb.
RESOLUTION N0. 382.50
WHEREAS, applications for
Class "B" Beer Permits have been
submitted to this Council for ap-
proval and the same have been
examined: NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the following applications be grant-
ed and the licenses are to be issu-
ed upon the compliance with the
terms of the ordinances of this
City.
CLASS "B" PERMIT
Norbert H. Sauser, 2774- 2776
Jackson Street
Christ Bogas, 402 Main Street
Passed, adopted and approved
this 15th day of December, 1950.
CLARENCE P. WELU
MAYOR.
ROMOLO N. RUSSO
RUBEN V. AUSTIN
LEO N. SCHUELLER
COUNCILMEN.
Attest: J. J. SHEA
CITY CLERK.
Mayor Welu moved the adoption
of the resolution. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays - None.
Absent -Councilman Kolb.
RESOLUTION N0. 382.50
WHEREAS, heretofore applica-
tions for Class "B" Beer Permits
were filed by the within named
applicants and they have received
the approval of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to com-
ply with the ordinances of this
City and they have filed a pro-
per bond: NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that the
Manager be and he is directed to
issue to the following named appli-
cants aBeer Permit.
CLASS "6" PERMIT
Norbert H. Sauser, 2774- 2776
Jackson Street
Christ Bogas, 402 Main Street
BE IT FURTHER R'v'SO:,V~:i~,
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Fassed, adopted and approved
this 15th day of December, 1950.
CLARENCE P. WELD
MAYOR.
ROMOLO N, RUSSO
RUBEN V. AUSTIN
LEO N. SCHUELLER
COUNCILMEN.
Attest: J. J. SHEA
CITY CLERK.
Special Session, December 15, 1950 681
Mayor Welu moved the adoption
of the resolution. Seconded by
Councilman Austin. Carried by the
following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
December 15, 1950
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
In our discussions of off-street
parking facilities, I was requested
to furnish data on the question of
when an open deck off-street park-
ing garage becomes more econom-
ical for car space than the acquis•
ition of additional surface park-
ing lots.
The City Engineer and I have
analyzed the available data on this
subject. It appears from the liter-
ature on this subject that three
level open deck and open wall
parking structures can be erected
at a cost of approximately $800.00
per car space. This situation, how-
ever, does not apply where any
portion of the parking structure is
below the street surface because
in that event, retaining wall con-
struction is needed on the portion
below ground and the economy of
the open wall type of construction
is lost.
It further appears that property
in the central business district can-
not be had for surface parking at
a cost of less than $900 to $1,000
per car space. Thus we conclude
that having obtained an area ap-
proximately one-half block square
in area that it would be more eco•
nomical to erect one or more open
decks above the surface than to
acquire an additional one-half
square block .area adjacent there-
to for surface parking. It is well
to bear in mind that the most eco-
nomical width of a deck structure
is in multiples of 58 feet.
Respectfully submitted,
A. A. Rhamberg,
City Manager.
Mayor Welu moved that the rec-
ommendation of City Manager
Rhamberg be made a matter of
record. Seconded by Councilman
Russo. Carried by the following
vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb.
RESOLUTION N0. 384.511.
Whereas the City Manager has
recommended the construction of
a viaduct and its approaches upon
and along East Fourteenth Street
in the City of Dubuque and over
the tracks of the Chicago, Great
Udestern Railway Co., and the Chi-
cago, Milwaukee, St. Paul a n d
Pacific Railroad Co.; and
Whereas the consulting engineer
has submitted his report show-
ing width, height, strengrh, ma-
terial and manner of construction
of such viaduct and its approaches
together with a proposed appor-
tionment of the cost thereof and
an estimate of the damage to abutt
ing property owners; and
Whereas before action may be
taken thereon it is necessary that
a public hearing be had to con-
sider such matters; now therefore,
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
I. That a public hearing be had
by the City Council of the City of
Dubuque, Iowa to consider the
following matters:
a. Whether it is necessary for
the safety and protection of the
public that a viaduct, including the
approaches thereto, be erected and
maintained upon and along East
Fourteenth Street in the City of
Dubuque, Iowa, and over the track
of the Chicago, Milwaukee, S t.
Paul and Pacific Railroad Co., and
the Chicago, Great Western
Railway Co.;
b. The plans, including the width
height, strength, material and man-
ner of construction of any such via-
duct and the approaches thereto in
the event the same is deemed
necessary;
c. The proportion to be borne
by each railroad of the cost of
such viaduct and the approaches
thereto in the event the same is
deemed necessary;
d. The method of appraising, as-
sessing, determining and paying
the damages caused to any prop-
erty by reason of the construc-
682 Special Session, December 15, 1950
lion of such viaduct 'and its ap-
proaches in the event the same
is deemed necessary;
II, That such hearing be had
at 7:30 P,M. on the 5th day of
February, 1951 at the Council
Chambers, in the City Hall in the
City of Dubuque, Dubuque, Coun-
ty, Iowa, at which time and place
such matters and any objections
that may be made to the con-
struction of such viaduct and the
approaches thereto will be con-
sidered by the City Council;
III. That said engineer's report,
including plans, proposed appor-
tionment of cast, and estimate of
damage be placed on file with the
City Clerk and be open for pub-
lic inspection until the date of said
hearing;
N. That the City Clerk be and
he is hereby authorized and direct-
ed to cause to be published in the
Telegraph-Herald, a newspaper of
general circulation in the City of
Dubuque, Iowa, Notice of s u c h
hearing, the same be published so
as to leave at least twenty days
between the day of publication
and the day fixed fm' said hearing;
V, That not less than twenty
days written notice of such hear-
ing shall be given to the Chicago,
Milwaukee, St. Paul and Pacific
Railroad Co., and the Chicago,
Great Western Railway Co.,
which notice shall be served in
the same manner and upon the
same persons or officers as in the
case of an original. notice.
Passed, adopted and approv
ed this 15th day of December,
A. D. 1950.
CLARENCE P. WELD
Mayor.
ROMOLO N. RUSSO
RUBEN V. AUSTIN
LEO N, SCHUELLER
Councilmen.
Attest: J. J. SHEA
City Clerk,
Mayor Welu moved the adop-
tion of the resolution. Seconded
by Councilman Austin. Carried by
the following vote: ,
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller. f
Nays -None,
Absent -Councilman Kolb,
.The matter of the appointment
of a member of the Board of Dock
Commissioners was taken up for
consideration. Mayor Welu placed
in nomination the name of Edward
Schneider. Councilman Austin mov-
ed that John A. Kerper be re-
appointed as a member of Board
of Dock Commissioners for a term
of three years, said term expiring
November 26, 1953. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas -Councilmen Austin, Rus-
so, Schueller.
Nays -Mayor Welu.
Absent -Councilman Kolb.
There being no further business
Councilman Schueller moved to ad-
journ. Seconded by Mayor Welu.
Carried by the following vote:
Yeas -Mayor Welu, Council-
men Austin, Russo, Schueller.
Nays -None.
Absent -Councilman Kolb:
J. J. Shea.
City Clerk,
Approved ......,....1951.
Adopted ....,... 1951
Councilmen { ......................................
A ktest :....................................................
City Clerk