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