1934 January Council ProceedingsRegular Session, January 1st, 1934 1
CITYCOUNCII CITY COUNCIL
(Official) (Official)
Regular Session, January 1st, Special Session, January 2nd,
1934, 1934.
Ne members of the Council being Council met at 8:00 P, M,
' present on roll call, the meeting Present-Mayor Kane, Councilmen
was postpaued subject to call. Andelfinger, McEvoy, Thompson,
J. J. SHEA, City Manager Evans.
' City Clerk, Meeting called by order of Mayor
Kane and Councilman Andelfinger.
Approved ................"...................................1934, Notice and Call of Special Meeting
Adopted
1934 of City Council of City
............................................................
. of Dubuque.
• To Ed. McEvoy; Councilman:
•••• °°••°-°°••°-°-•••••- You are hereby notified and there
is hereby called a Special Meeting
""'-""""`""_""-"""°°°`-°°°°° of the City Council of Dubuque,
Councilmen
~ ""~-" """"""""°"""""""""""""" Iowa, to tie held at 7:30 P, M, on
the 2nd day of January, 1934, in the
Council Chamber at the City Hall.
'""""'-""""°"""""-""'°°""-'-""' At this meeting there will be tak•
en up for further consideration. and:
""'-""-'°~'~"'""""'-""'°""""°°'°' adoption an Ordinance entitled "Or•
Attest: dinance No, 13-33. An Ordinance
City Clerk, amending an Ordinance entitled 'An
Ordinance providing for the issuance
of $18,000 Sewer Bonds, providing
for the levy of taxes to pay the same
and declaring an emergency,' so as
to provide for a sufficient tax levy
'in the year 1934 to pay interest due
and payable in 1934 and 1936, and
declaring an emergency," which Or-
dinance has been on file with the
', City Clark for public inspeotion
since December 26, 1933.
At such meeting such other busi-
ness will be transacted as may pro•
perly come before a regular meet•
ing aY the Council,
Dated at Dubuque, Iowa, this 30th
day of December; 1933.
M. R, KANE,
M, B, ANDELFINGER,
Councilmen.
Petition of Frank P. McCauly and
B, L, Baumhover requesting that
they be granted a refund in the
amount of $50.00 on their cigarette
permit as they have discontinued
the sale of cigarettes on December
31st, 1933, presented and read.
Councilman Andelfinger moved
that the prayer of the petition be
granted and a warrant in the amount
of $50,00 ordered drawn on the Gen•
eral Fund in favor of Frank P. Mc•
Cauly and B. L, Baumhover to cover
the amount of the refund. Second-
ed by Councilman McEvoy, Car-
ried by the following vote:
Yeas-Mayor Kane, Couhcilmen
Andelfinger, McEvoy and Thompson,
Nays-None.
Claim of Leo Wanger in the
amount of $32,00 for damages to .his
automobile caused by running into
an excavation in the alley Between
East 17th Street and East 18th
' Street and between the Railroad
-
Special Session, January 2nd, .1934
Tracks and Maple Street, presented
and read.
Councilman Andelfinger moved to
refel• the.claim to the City Manager
for investigation and report. Sec-
onded by Countilman Thompson.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson.
Nays-None.
Communication of Dubuque Trades
and Labor Congress submitting. the
Yollowing names, Leo T. Gregory,
Wm. Stansfield, Petor Eisbach and
Frank Van Duelman, as having been
endorsed by the Dubuque Trades and
Labor Congress, to fill the vacancy
on the City Council due to the resig•
nation of Henry F. Schuckert, pre-
sented and read.
Councilman Thompson moved to
refer the communication to the City
Council, Seconded by Councilman
McEvoy. Carried by the following
vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson.
Nays-None.
Council Proceedings for the month
of November, 1933, presented far ap•
provah
Councilman Andelfinger moved
that the Council Proceedings for the
month of November, 1933, be ap-
proved as printed. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson.
Nays-None.
Ordinance No. 13-33. An Ordin•
ante amending Ordinance No, 11-
33, entitled, "An Ordinance provid-
ing for the issuance of $16,000 Sew-
er Bonds, providing for the levy of
taxes to pay the same and declaring
an emergency," so as to provide for
a sufficient tax levy in the year 1934
to pay interest due and payable in
1934 and 1935, and declaring an
emergency, having been passed upon
first and second readings on Decem-
ber 26th, 1933, and placed on file i<Or
public inspection, presented a td
read a third time.
ORDINANCE N0, 13.33.
An ordinance amending Ordinance
No. 11-33, entitled, "An Ordinance prn•
viding for the issuance of $]0,000 Sewer
Bonds, providing for the levy of taxes
to pay the same and declaring an emer
gency", so as to provide for a suf
ficient tax levy in the year 1934 to pa
interest due and payable in 1934 au~
1935, and declaring an emergency."
Whereas, under date of Novembe
13th, 1933, this City Council of the Cit;
enact~eduan~ordnanceeentitled "Ordi
nonce No. 11-33. An Ordinance pro
viding for the issuance of $16,000 Sewe
Bonds, providing far the levy of taxes
to pay the same and declaring an emer.
gency"; and,
Whereas, in Section 5 of said Ordi-
nance it is provided that for the year
1934 a tax shall be levied in amount
sufficient to produce the sum of $7'lU
to reimburse current funds for advance-
ments to pay interest due on June 1,
1934, and December 1, 1934, but no pro-
vision is made therein for a tax levy
to pay interest which becomes due and'
payable on June 1, 1935, and Decem-
ber 1, 1935, and It is necessary that
such provision be made: Now There-
fore:
Be It Ordained by the City Council_
of the City of Dubuque, as follows:
Section 1. That Section 5 of the Or-
dinance referred to in the preamble
hereof be and the same is hereby
ed to read as follows:
ction 5.-That for the purpose of
providing for the ,evy and collection
of a direct annual tax sufficient to pay
the interest on said bonds as it falls
due, and also to pay and discharge the
principal thereof at maturity, there to
and there is hereby levied upon al] the
taxable property in said City in each
of the years while said bonds or any
of them are outstanding, a tax suffi-
cient far that purpose, and in further-
ance of this provision but not in limita-
tion thereof that there be and there is
hereby levied on all the taxable prop-
erty in said City the following direct
annual tax to-wit:
For the year 1934, a tax sufficient to
produce the sum of $1,440, being $72n
to reimburse current funds for ad-
vancements to pay interest due duriu,
the year 1934, and $720 for interest.
For each of the years 1935 to 1943,
duce thelsum of $720 ea hcyeartforpin-
terest.
Far the Year 1944, a tax sufficient to
produce the sum of $5,720 for principal
`and interest.
Far the year 1945, a tax sufficient to
produce the sum of $5,495 for principal
and interest.
For the year 1946, a tax sufficient to
produce the sum of $0,270 for principal
and interest.
Said taxes when collected shall lie
converted into a special fund for the
the bonds fhereby~pauthorzedt andt no
other purpose. whatsoever."
on 2. That a certified copy of
this amendatory ordinance be filed with
the County Auditor of Dubuque County,
and" that said Auditor be and he ]s
hereby instructed in and for each of
the fears 1934 to 1946, inclusive, to
'levy and assess the amount of annual
taxes as hereinhefore set out, in lieu
oY the amounts as provided by the
original ordinance hereby amended, and
a certified copy of which ordinance was
filed in his office on November 17th,
1933.
Section 3. That all ordinances and
resolut[ons and parts thereof,. in so far
as same may be in conflict herewith,
be and the same are hereby repealed,
and that the ordinance hereby amend-
ed, as amended, be and the same is
hereby in all respects ratified and con-
firmed.
Section 4. That it is hereby found
and declared that an emergency exists
and that it Is necessary for the immed-
iate preservation of the public peaen,
health and safety that this ordinance
become effective upon its passage, ap-
proval and publication, and it is so or-
dered.
Introduced December 20, 1933.
Passed and Approved, January ,2,
1934.
M. R. KANE, Mayor,
ED. McEVOY,
ARDENAL THOMPSON,
M B. ANDELFINGER,
Councilmen.
Attest: J, J. SHEA,
City Clerk,
Recorded; January 3rd, 1934,
Published: January 4th, 1934.
J, J. SHEA,
City Clerk.
Published officially in the Telegraph-
Herald and Times-Journal newspaper
January 4th, 1934.
J. J. SHEA,
1-4-1t City Clerk.
Councilman Andelfinger moved the
adoption of the ordinance. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson.
Nays-None.
Resolution No. 1-34.
A Resolution approving application
for the sale of beer and authorizing
the issuance of permit,
Whereas, the City Council of the
City of Dubuque has examined the
application which has been filed for
permit for the sale of beer ]vthin
the City of Dubuque and has ap•
proved such application as applies
to the person herein named at the
location described herein; Now,
Therefore,
Be It Resolved by said Council,
that permit for the sale of beer
within the City of Dubuque be and
the same is hereby authorized and
ordered issued, as follows:--
Class "B" Permit
Hubert Galle and Charles Lawson,
100 West Fifth Street.
Be It Further Resolved that the
bond filed with this application be '
approved.
Passed, adopted and approved this
2nd day of January, 1934.
M. R. I{ANE,
Mayor,
ED. McEVOY,
ARDENAL THOMPSON,
M. B. ANDELFINGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Andelfinger moved the
adoption of the resolution, Second•
ed by Councilman Thompson, Car-
ried by the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson,
Nays-None,
December 28, 1933,
To the Honorable Mayor and City
Council,
Dubuque, Iowa,
Gentlemen: Attached is a bill
from E. T, Cleaver, plumber, ad-
dressed to Mr, Oliver Schrup in the
Special Session, January 2nd, 1934
sum of $3.90 which work was done
' December 18th at night,
The writer was called from a Coun•
cil Meeting on the night of Decem•
ber 18th about 9:30 in the evening
and advised by Mrs, Schrup that
sewer trouble existed in the cellar
at Locust and West 13th. Mrs.
Schrup advised that they had a
plumber and he had determined that
the trouble was in the main sewer;
accordingly, the City Sowel• Depart-
ment was immediately instructed to
try and relieve the sewer trouble,
Mr, Sullivan and his department
worked from approximately 10;00
P. M, to 1:00 in the morning and
did find trouble in the 6 inch sewer
on West 13th Street between Locust
Street and the alley west of Main
Street.
When the Sewet• Department re-
ported in the same night to the 1o-
cation in which trouble existed they
found approximately six feet of wat-
er standing in the manhole in front
of Mr. Schlup's home. This trouble
was caused by roots in said 6 inch
sewer on West 13th Stl•eet and the
trouble was eliminated that night
and the following day, Accordingly,
the writer believes that the bill from
the' plumber, Mr, E, T, Cleaver,
amounting to $3.90 was caused by
stoppage in the main sewer below
Mr. Schrup's home.
Fol• your information this 6 inch
sewel• which had been privately in•
stalled and had been considered a
private sewer was authorized to be
made a public sewer on approval
and authorization by the City Coun•
cll. Petition presented by Messrs.
Schrup, McFadden and Ryan on the
date of October 5, 1931,
Yours very truly,
R. M. EVANS,
City Manager.
Councilman McEvoy moved that
the recommendation of City Manag-
er Evanq be approved and a war-
rant in the sum of $3.90 ordered
drawn on the General Fund in favor
of Edw, T. Cleaver, plumber, for
labor and material used at the home
of Mr. Oliver Schrup caused by the
backing up of sewer into his base•
ment. Seconded by Councilman An-
delfinger•, Carried by the following
vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson.
Nays-None,
January 2, 1934,
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: This is to advise that
I have approved the following pol•
+icies and bonds and desire to have
your approval on same for Sling;-
4
Special Session, January 2nd, 1934
Excavation
Norman Bull, 2105 Delaware
Street, U. S, Fidelity & Guaranty
Ca.
George F. Pinski, 780 Alpine Street,
Policy No. 377739, Hardware Mutual
Casualty Co,
Signs
St, George Hotel, 570 Central Av-
enue, Policy No, IHP 7849935, The
Travelers Ins, Co,
Jacob J, Schwietering, 1079 Main
Street, Policy Ne. G, L. P. L. 73068,
American Employers' Ins. Co.
Firestono Service Stores, Inc„ 7th
and Bluff Streets, Policy No, G.,
10133, The Mercer Casualty Co,
Ruprecht Brothers, 1423.27 Central
Avenue, Policy No. PW 232, Central
Surety & Ins. Corp.
General Outdoor Advertising Co.
covering signs at the following lo-
cations: Wm. O'Neil, 130 West 8th
St.; Roy Fox, 255 West 1st St.; Bet-
ty's Cafe, 998 Central Ave.; Hail &
Menges, 1618 Central Ave.; K, &
V~. Cafe, 2372 Central Ave.; M. Snyd•
ef, 543 West 8th St.; Wm• Cosley,
1121 Julien Ave,; R. J, Cosley Bot.
Co., 141 Lopust Street.
j14id-Continent Petroleum Corp.,
2nd and, Locust Street, Julien Ave.
and Nevada Street, 1865 Central
Ave, 32nd and Central Avenue, Pol-
icy No. OLT 5090, Fireman's Fund
Indemnity Co. 2295
Phillips Petroleum Company,
Delhi Street, Bond No. 57023.12-1201-
31, LT. S. Fidelity & Guaranty Co.
Phillips Petroleum Company, Kirk-
wood and W. Locust Streets, Bond
Na. 570,23-12.1204.31, U. S, Fidelity
&'' Guaranty Co,
'Phillips Petroleum Company, Jones
and Locust Streets, Bond No. 57023
12.1203.31, U. S. Fidelity & Guaranty
Co.
Phillips Petroleum Company, 1416
White Street, Bond Na. 57023-12.1201•
31, 17. S. Fidelity & Guaranty Co,
Advertisers' Service Ca. covering
signs, at the following locations:-
]3dpAman Brake Ser., 443 Central
Ave.; Modern Hatters, 7th and Lo-
cust Sts.; Quinlan Cafe, 8th and Lo-
cust Sts,; Jurigk's Bakery, 2130 Cen-
tral Ave.; Coates & Corcoran, 1324
Central; Ave.; Lorenz Laundry, 19th
and Jackson Sta.; Brits-Cite Sign
Co„ 455 Central Ave.; V, P• Kruse,
2418 Central Ave.; Schneider Drug
Co., 29th and Central Ave.; Majestic
Garage, 144 Locust St.; McDougal
Garage, 404, Central Ave.
' Yours very truly,
R, M. EVANS,
City Manager.
Councilman Thompson moved that
the policies and bonds be approved
and, placed on file. Seconded by
Councilman McEvoy. Carried by the
following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson,
Nays-None.
Petition of American Legion Aux-
iliary, Dubuque Unit No, 6, request-
ing permission to hold their annual
poPPY sale on. May 28th, 1934, pre•
sented and read.
Councilman Thompson moved ,to
grant the Prayer of the petition.
Seconded by Councilman McEvoy.
Carried by the. following vote:
Yeas-Mayor Kane, Councilmen,
Andelfinger, McEvoy, and Thompson.
Nays-None.
January 2, 1934.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen; As directed by the
motion of City Council of Decem-
ber 26th, the writer discussed the
question with Mr, Joseph Jeannet•
and today regarding the amount he
desires to be paid from the City of
Dubuque for permitting the City to
construct a concrete sidewalk at the
southeast corner, of the Diamond
House at West 8th Street and, Jul•
ien Avenue,
Mr. Jeannetaud said that in, con•
strutting the new concrete sidewalk
an his property, the City broke the,.
glass, damaged the woodwork by the
window at the intersection of aVest
8th Street and Julien Avenue arl¢
also that the City brake two wooden
steps leading, to his cellar entrance,
both of which have never been ,rte
paired by the City,
Mr, Jeannetaud said that Mx.
Kratz advised: him. in 1929 not to
worry about the price to be paid
by the City for, the area of Mr: Jean•
netaud's private property that was
taken for new sidewalk, but: that
Mr, Kratz resigned and no agree-
ment $ad been made prior to hie
leaving the City and none bas been
made since then,
Mr. Jeannetaud advised that he
expected at least $50D.00 to be paid
for this small section, but that now
he was, willing to accept $300,00,
Yours very truly,
R, M, EVANS,
City Manager.
Councilman Andelfinger moved to
refer the communication to'the City
Council, Seconded by Councilman
McEvoy. Carried by the following.
vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson.
Nays-None.
January 2, 1934.
To the Ionorable Mayor and City
Council,
Dubuque, Iowa,
Gentlemen: Attached is a letter
and a bill for sewer stoppage at the
F, W. Woolworth Company, 739 Main
Special Session, January- 2nd, 1934
Street. This letter was received this
morning and my attention was di-
rected to the claim at 11:45 A, M.
Decomber 30th.
Mr. Sullivan, the Sewer Inspector,
today advises that he vas called to
the Woolworth store December 18th
and observed the sewage that had
been deposited an the Woolworth
basement floor, Upon examination
of the 10 inch main sewer located in
the alley west of the Woolworth
store between 7th and 8th Streets,
Mr. Sullivan found that a stoppage
had occurred just below the lateral
server connection from Woahvorth's,
Upon cleaning out the stoppage that
existed in the main sewer and push-
ing the same to the ?th Street man-
hole, it was discovered that at least
a bucket of rags had' apparently
caused the stoppage in the main
sewer and said rags were removed
from the manhole and shown to the
manager of the Woolworth Company.
Mr. Sullivan's opinion was that ap•
parently these rags had come from
Woolworth's sewer lateral as they
were; located just below the entrance
of the Woolworth lateral into the
main sewer. Woolworth's manager
was advised to warn his help against
allowing any rags to be placed in the
sewer openings in Woolworth's store.
Mr. Sullivan did not know of any
rags being located in the lateral con-
nection between the cellar and the
main sewer. As to the cause or the
plading of these rags in the sewer
is still a question and ne informa-
tion is available at this time as to
where these rags may have come
from,
Yours very truly,
R. M. EVANS,
City Manager.
Councilman McEvoy moved to re-
fer the communication and attached
bill' to the City Solicitor for investi-
gation and report. Seconded by
Councilman Andelfinger. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Return of sorvice of condemnation
proceedings on Henry Pfotzer and
Ida Dement notifying them to ap-
pear before the City Council and
show cause why the frame building
located upon the northeast corner of
Windsor Avenue and Ries Stireet
should not be declared a nuisance
and abated, presented and' read.
Councilman Andelfinger moved to
suspend the rules for the purpose
9f allowing anyone present in the
Council Clamber, who wishes to do
so, to address the Council. Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson,
Nays-None,
Mr, Henry Pfotzer addressed the
Council protesting against the de•
cision of the City Council in de-
claring the building located at the
northeast corner of Windsor Avenue
and Ries Street a nuisance.
Councilman Thompson moved to
receive and file the return of service:
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson.
Nays-None.
Condemnation Resolution No. 2-34.
Whereas, under appropriate pro•
ceedings heretofore taken by this
Council, a certain frame structure
located upon Seuth 50 feet of Lot 2
of Lots 8 and 9, Geiger's Subdivision
to the City of Dubuque and owned
by Ida Dement and Henry Pfotzer
was declared to be dangerous, due
to dilapidation, lack of repair, and
other causes, and the owners there-
of were given an opportunity to be
heard and to show cause why such
building should not be declared a
nuisance and ordered abated',
Now Therefore, Be It Resolved by
the Council of the City of Dubuque,
after full and fair consideration, that
the building above described be and
the same is hereby declared to be
a nuisance and is ordered abated
and taken dawn on or before the
first day of February, 1934.
Be It Further Resolved that the
Building Commissioner be and he is
hereby directed to serve upon said
Ida. Dement and Henry Pfotzer a
written notice requiring them to
abate said nuisance and take. the
same down on or before the first
day of February, 1934.
Be It Further Resolved that should
said owners fail to demolish or abate
said nuisance within the time here-
in provided for, or in case of dis•
puts arising on account of said no.
tics and order, this Council should
confirm this order, then and in such
event, said building shall be demol•
fished and taken down and the nuis~
ante caused thereby shall be. abated
by and under the directions of the
Chief of the Fire Department and
all costs thereof shall be assessed
against the real estate above. de-
scribed.
Passed, adopted and approved this
2nd day of January, 1934,
M, R, KANE;.
- Mayor.
ED, McEVOY,
ARDENAL THOMHSON,
M. B. ANDELFINGER,,
Councilmen.
Attest: J. J, SHEA,
City Clerk.
Special Session, January 2nd, 1934 ~ Special Session, January 5th, 1934 ,
Councilman Andelfinger moved the
adoption of the resolution. Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson.
Nays-None.
Attorney Frank R. Lacy, represent-
ing the Public dance hall owners, ad-
dressed the Council requesting that
the public dance hall ordinance be
amended so that said ordinance will
apply to all public dances,
Councilman McEvoy moved that
the matter of amending the public
dance ordinance so that said ordin-
ance will apply to all public dances
be referred to the City Council. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson.
Nays-None.
Resolution No, 3-34.
Whereas, the Planning and Zoning
Commission of the City of Dubuque
has heretofore caused to be prepared
a comprehensive plan which is de•
signed to lessen congestion 'in
streets, secure safety from fire, pan-
ic and other dangers, promote health
and the general welfare, provide
adequate light and air, prevent the
overcrowding of land, avoid undue
concentration of population, facilitate
the adequate provision of transporta-
tion, water, sewage, schools, parks,
and other public requirements, which
plan is to be hereafter known and
designated as "City Plan of City oY
Dubuque"; and
Whereas, upon such plan, this City
is divided into districts which are
deemed best situated to carry out
the purpose of municipal zoning in
said city and for the purpose of regu-
lating and restricting the height,
number of stories, and size of build-
ings and other structures, the per-
centage of lot that may be occupied,
the size of yards; courts and other
open spaces, the density of popula-
tion, and the location and use of
buildings, structures and land for
trade, industry, residence or other
purposes; and
Whereas, said Planning and Zon-
ing Commission prepared a prelimin-
ary report tivherein the boundaries of
the original districts, and appropri-
ate regulations and restrictions to
be enforced therein wore recommend-
ed and public hearings thereon were
duly held; and
Whereas, said Commission has
now submitted to this,Council, said
comprehensive plan showing the var-
ious districts and its final report
containing regulations and reatric-
tions therein, but, before final action
can be taken thereon by the Council,
it is necessary that a public hearing
be conducted at which parties in in-
terest and all citizens shall have an
opportunity to be heard and a notice
of the time and place of such hear-
ing must be prescribed:-
Now, therefore, Be it Resolved by
the Council of the City of Dubuque
that the City Clerk be and is hereby
directed to cause to be published in
the Telegraph-Herald and Times•
Journal, a newspaper of general cir-
culation in the City of Dubuque, a
notice of a public hearing to be held
in the Council Chamber of the City
Hall at 7:30 o'clock P. M. on the
22nd day of January, 1934, on the
boundaries of the districts proposed
to be established and determined
and on the regulations and restric-
tions proposed to be enforced there-
in, at which hearing all parties in
interest and citizens shall have an
opportunity to be heard in relation
thereto.
Passed, adopted and approved this
22nd day of January, 1934.
M, R. KANE,
Mayor,
ED. McEVOY,
M. B, ANDELFINGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Andelfinger moved the
adoption of the resolution. Second-
ed by Councilman McEvoy. Can•
ried by the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger and McEvoy.
Nays-None.
Councilman Thompson not voting.
Councilman Thompson, explaining
his reason for not voting on this
resolution and requesting that the
same be recorded, stating that in
view of the fact that the Public
Works Administration has endorsed
the movement for a building pro-
gram, that the adoption of the Plan-
ning and Zoning Ordinance at this
time would curtail the building move~
went in the City of Dubuque,
There being no further business,
Councilman Thompson moved to ad-
journ. Seconded by Councilman An-
delfinger. Carried by the following
vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy and Thompson,
Nays-None.
J. J, SHEA,
City Clerk,
Approved
Adopted .
Councilmen j
Attest : ..............
934.
934.
City Clerk.
CITY COUNCIL
(Official.)
Special Session, January 5th, 1934.
Council met at 5:10 P, M.
Present -Mayor Kane, Council-
men Andelfinger, McEvoy, Thomp•
son, City Manager Evans.
illeeting called by order of Mayor
Kane and Councilman Thompson.
Mayor Kane read the call and
stated that .service thereof had been
duly made and that this meeting is
called for the purpose of acting up-
on the communication, with attach-
ed petitions, of Arnold Utzig, Chair-
man, Taxpayers' Committee and Citi-
zens' Progressive League, request-
ing the City Council to call a special
election to vote upon the following
proposition, "Shall the City of Du-
buque, Iowa, abandon its organiz-
ation under, Chapter 328 of the Cade
of Iowa, and resume such Special
Charter," and acting on any other
business as may properly come be-
fore aregular meeting of the City
Council.
Councilman Thompson moved that
Walter H. Cullen be appointed City
Clerk Pro Tem of the meeting. Sec-
onded by Councilman Andelfinger,
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Communication of Arnold Utzig,
Chairman, Taxpayers' Committee
and Citizens' Progressive League,
submitting attached two hundred
thirty-three petitions reading as fol-
lows: "Shall the City of Dubuque,
Iowa, abandon its organization un-
der Chapter 328 of the Code of Iowa,
and resume such Special Charter,"
total number of signatures 4,807,
which is in excess of the number
required to call a special election,
presented and read.
Councilman McEvoy moved that
the communication be made a mat•
ter of record. Seconded by Council-
man Andelfinger. Carried by the fol-
lowing vote:
Yeas--Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None,
Councilman Andelfinger moved
that the petitions asking -fora spe-
cial election to be called for the
purpose of voting upon the abandon-
ment of the Manager Plan of Gov
ernment be referred to the Council
far the purpose of determining the
sufficiency thereof bath as to form
'and number of signatures. Second•
ed by Councilman McEvoy. Carried
by the following vote:
Special Session, January 9th, 1934
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None,
Proof of publication, certified to
by the publishers, of the publication
of Ordinance No. 13-33. An ordin-
ance amending Ordinance No. 11-
33, entitled, "An ordinance providing
for the issue of $16,000 Sewer
Bonds, providing for the levy of
taxes to pay the same and declaring
an emergency," so as to provide for
a sufficient tax levy in .the year 1934
to pay interest due and payable in
1934 and 1935, and declaring an
emergency," Aresented and read.
Councilman Thompson moved to
receive and file the proof of publics~
lion. Seconded by Councilman Mc-
Evoy. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Resolution No. 144--33, having
been approved and placed on file for
one week for public inspection on
December 18th, 1933, awarding con-
tract for the construction of storm
sewers in and along South Main
Street,, Main Street and West Eighth
Street to Thos. Flynn CbaT Company
presented and read.
Councilman Andelfinger moved the
adoption of the resolution. Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
There being. no further business,
Councilman Andelfinger moved to
adjourn. Seconded ' by Councilman
Thompson. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
W. H. CULLEN,
City Cerk, Pro Tem.
Approved ...................................................1934.
Adopted ...........................................................1934.
Councilmen
Attest : ........................................._......................-..
elty Clerk.
CITY COUNCIL
(Official.)
Special Session, January 9th, 1934.
Council met at 5:10 P. M.
Present-Mayor Kane, Councilman
Andelfinger, McEvoy, Thompson,
City Manager Evans.
Meeting called by order of Mayor
Kane and Councilman Thompson.
Mayor Kane read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of selecting
some suitable person to fill the va-
cancy as a member of the City Coun-
cil and acting on any other business
as may properly come before a reg-
ular meeting of the City Council.
Communication of Dubuque Trades
and Labor Congress submitting the
uame of T. C. Kirkwood as labor
representative to fill the unexpired
term of Henry F. Schuc]iert as Mr.
Kirkwood received the unanimous
vote of all candidates that have
been submitted presented and read.
Councilman McEvoy moved that
Mr. Peter J. Schiltz be appointed to
fill the unexpired term as a member
of the City Council caused by the
resignation of Henry F. Schuckert.
Seconded by Couucilman Andel-
finger. Carried by the fallowing
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger and McEvoy.
Nays-None.
Councilman Thompson recorded
his vote for T. C. Kirkwood and
stating that he was voting for T.
C. Kirkwood as he was the man who
received the endorsement of the
Trades and Labor Congress, the
recognized spokesman for Union
Labor.
Communication of Charles Oester-
rich, Prairie du Chien, Wisconsin,
applying for a position with the City
of Dubuque as an electrician, pre-
sented and read.
Councilman Andelfinger moved to
receive and file the communication.
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Petition of Mrs. Ray Powers re-
questing that her excavation bond
be released as she is no longer en•
gaged in plumbing work as would
involve excavating in streets and al•
legs presented and read.
Councilman Thompson moved to
refer the petition to the City Engi-
neer for investigation and report.
Seconded by Councilman McEvoy.
Carried by the following vote:
Special Session, January 9th, 1934
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Communication of J. F. Kircher
proposing to sell his property to the
City of Dubuque, located at the
southerly end of Algona Street,
abutting the south side of St. Joseph
Street, consisting of about twenty-
three acrea,for the sum of $7,500.00,
presented and read.
Councilman Thompson moved to
refer the communication to the City
Council. Seconded by Councilman
McEvoy. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Certificate of Insurance Depart-
ment of Iowa, Des Moines, Iowa,
certifying that the Inland Bonding
Company of South Bend, Indiana, is
authorized to transact its Fidelity
and Surety Insurance business in
the State of Iowa, presented and
read.
Councilman McEvoy moved to re-
fer the certificate to the City Solic-
itor far investigation and report.
Seconded by Councilman Andel-
finger. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Certified copy of Power of Attor-
ney from Inland Bonding Company,
South Bend, Indiana, appointing Carl
A. Stewart, of Des Moines, Iowa, as
its true and lawful agent and attor-
ney in fact, to make and execute
any and all bonds and undertakings
required by the Thomas Flynn Coal
Company, of Dubuque, Iowa, pre-
sented and read.
Councilman McEvoy moved to re-
fer the certified copy of Power of
Attorney to the' City Solicitor for
investigation and report. Seconded
by Councilman Andelfinger. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Petition of Paul Theobald et al
requesting that the sidewalks on
both sides of Catherine Street, be-
tween Angella Street and Quigley's
Lane, be dug out and made full
width, presented and read.
Councilman Andelfinger moved to
refer the petition to the City Coun-
cil to view the grounds. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger; McEvoy, Thompson.
Nays-None.
Resolution No. 4-34,
A Resolution approving applica-
lion for the sale of beer and author-
izing the issuance of a permit.
Whereas, the City Council of the
City of Dubuque has examined the
application which has been filed for
permit for the sale of beer within
the City of Dubuque, and-has ap-
proved such application as applies
to the person herein named, at the
location described herein: Now,
Therefore,
Be It Resolved by said Council,
that permit for the sa]e of beer
within the City of Dubuque be and
the same is hereby authorized and
ordered issued, as follows:
CLASS "B" PERMIT.
American Legion, Post No. 6, S.E.
corner Fifth and Main St. (2d fieor)
Be It Further Resolved that the
bond filed with this application be
approved.
Passed, adopted and approved this
9th day of January, 1934.
M. R. KANE,
Mayor.
ED. McEVOY,
ARDENAL THOMPSON
M. B. ANDELFTNGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Andelfinger moved the
adoption of the resolution. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
January 9, 1934.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: I am submitting here-
with reports of the City Auditor,
City Treasurer and City Water De-
partment for the month of Decem•
ber, 1933, also list of claims and list
of payrolls for which warrants were
drawn during the month of Decem-
ber, 1933.
Yours very truly,
R. M. EVANS,
City Manager.
Councilman Andelfinger moved
that the reports be received and
placed on file. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Communication of C. R. Considine
calling attention to the dangerous
condition of sidewalk on the Hill
Street side of property of Dr. Chas.
Palen, 990 West Third Street, where
driveway intersects sidewalk as said
condition of sdewalli may cause per-
sonal injury, presented and read.
Councilman Andelfinger moved to
refer the communcation to the City
Manager for investigation and to
10 Special Session, Ja
make repairs if necessary. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson
Nays-None.
Councilman Andelfinger moved
that the claim of Mr. Fred Bissell
in the amount of $33,25 for repairs
to the two breaks in his water ser-
vice line, due to the settling of the
tunnel on his land where the con-
tractor, Mr, Conlon, constructed a
sanitary sewer, be allowed, and a
warrant in said amount ordered
drawn on the General Fund in favor
of Mr. Fred Bissell to cover the
amount of said claim and that this.
matter be referred to the City Man-
ager for investigation to determine
if the contractor is at fault and re•
port back to the City Council. Sec-
onded by Councilman McEvoy. Car-
ried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson. .
Nays-None.
Ordinance No. 1-34. An ordinance
amending an ordinance entitled
"Ordinance No. 4-33. An Ordinance
providing that certain businesses
and vocations conducted in the City
of Dubuque shall be licensed; fixing
the license fee therefor; defining
terms employed; prescribing the
regulations which shall apply to
business and vocations required to
be licensed; repealing all ordinances
or parts of ordinances in conflict
herewith; and prescribing a penalty
for violation hereof," so as to pro•
vide a license and license fee for
transient purchasers of junk, pre•
sented and read.
Councilman Andelfinger moved
that the reading just had be consid-
ered the first reading of the ordin-
ance. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson
Nays-None,
Councilman Andelfinger moved to
suspend the rules requiring an or•
dinance to be read on three separate
days. Seconded by Councilman
Thompson Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvey, Thompson.
Nays-None.
The ordinance was then read a
second time. Councilman Andel•
finger moved that the reading just
had be considered the second read-
ing of the ordinance. Seconded by
Councilman Thompson. Carried by
the fallowing vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
9th, 1934
Dubuque, Iowa, Jan. 8, 1934.
Hon. M. R. Kane, Mayor,
City of Dubuque, Iowa.
Dear Sir: In reference to re-
arranging our rate schedules for do•
mastic consumers I believe that eve
can now give you a suggestion that
will meet the spirit of various con-
ferences we have had with yourself
and other City officials.
The revenues in Dubuque are still
decreasing and the economies in
operation have been to some extent
offset by increased expenses due to
the Government's recovery plan and,
certain increased taxes.
We believe this reduction will be
an effective move toward helping
our customers at this time, and we
are willing to do our part in meet-
ing the extraordinary condition we
all face today.
The new rates which we desire to
put ~RESIDENTaLIGHTING.
First 50 KWH, 7t/zc per KWH, net
Next 50 KWH, 6c per KWH, net
Excess Ka'H, 4c per KWH; net
Minimum-$1.00 per month,
Prompt Payment Discount:
Customer's monthly bills will be
computed at the net rate, and there
will be added to the total net bill
a sum equal to ten percent thereof
which will be collected from custom-
ers who fail to pay the net bi~ with-
in ten days of date of bill.
OPTIONAL RATE.
Fit•st 40 KWH $3.20
Next 40 KWH 4c per I{WH.
Next 100 KWH 3c per KWH.
Excess KWH 2i/2c per KWH.
Minimum Monthly Bill;
For Residences-The amount at
which the first 40 I{WH is billed.
Far Commercial Institutions-The
amount at which the first 40 KWH
is billed, or $1.00 per horsepower or
fraction thereof; or equivalent,
whichever is the higher.
Prompt Payment Discount.
Customers' monthly bills will be
computed at the net rate, and there
will be added to the total net bill a
sum equal to ten percent thereof
which will be collected from custom-
ers who fail to pay the net bill with-
in ten days of date of bill,
Availability:
For all residence service, includ-
ing lighting-This schedule is also
applicable to commercial institutions,
for all service except lighting, pro
vided that no motor in excess of one
horsepower. shall- be served on this
rate.
Yours very truly,,
INTERSTATE POWER
COMPANY,
By, R. H. Garrison.
Division Manager,
Special Session, January 15th, 1934 11
Councilman Andelfinger moved
that the communication be t•eceived
and made a matter of record. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas - Mayot• Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
Councilman McEvoy moved that
the City Solicitor be instructed to
draft an ordinance incorporating the
new electric rates as approved by
the City Council. Seconded by Coun-
cilman Andelfinger, Carried by the
following vote;
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None.
There being na further business,
Councilman McEvoy moved to ad-
journ. Seconded by Councilman
Thompson Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Thompson.
Nays-None,
SHEA,
City Clerk.
Approved ....................................................1934.
Adopted ...... ....................................................1934.
Councilmen
Attest:
City Clerk.
CITY COUNCIL
(Official.)
Special Session, January 15th,
1934.
Council met at 4:40 P, M.
Present-Mayor Kane, Council•
men Andelfinger, McEvoy, Schiltz,
Thompson, City Manager Evans.
Meeting called by order of Mayor
Kane and Councilmen Thompson.
Mayor Kane read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of adopting
Resolution No, 5-34. Resolution fot•
temporary transfer of $75,000 ft•om
the Bonded Debt Sinking Fund, in-
cluding $55,000.00 Ito the Consol-
idated Fund and $20,000.00 to the
Fire Maintenance Fund 'and acting
on any other business as may pro-
perly come before a regular meet-
ing of the City Council.
Communication of Dubuque Trades
and Labor Congress stating that if
the candidates that are submitted
by the Dubuque Trades and Labor
Congress to serve as Councilmen
are not to receive any recognition
by the City Council that they wish
to inform the City Council that they
have withdrawn their support from
the Good Government League and
the City Manager Form of Govern-
ment presented and read.
Councilman Thompson moved that
the communication be made a mat•
ter of record. Seconded by Council-
man McEvoy. Carried by the follow-
ing vote:
Yeas-Mayor Kane, Councilmen
Andelfinger•, McEvoy, Schiltz and
Thompson.
Nays-None.
Councilman Thompson moved to
suspend the rules for the purpose of
allowing 'any one present in the
Council Chamber, who wishes to do
so, to address the Council. Seconded
by Councilman McEvoy. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Scliiltz and
Thompson.
Nays-None,
Mr. Emery Faatz addressed the
Council relative to the communica-
tion of Dubuque Trades and Labor
Congress just read sand acted upon
by the City Council,
Resolution No. 5-34.
RESOLUTION FOR TEMPORARY
TRANSFER.
Whereas, there is no`v in the
hands of the City Treasurer the sum
of $97,599,05, credited to the Bonded
Debt Sinking Fund; and
Whereas, it is desired to tempor•
12 Special Session, January 15th, 1934 ~ Special Session, January 1Sth, 1934 13
arily transfer $75,000.00 from the
Bonded Debt Sinking Fund, includ-
ing $55,000.00 to the Consolidated
Fund and $2Q000,00 to the Fire
Maintenance Fund, for the following
reasons:
To make possible the opera-
tion of the City of Dubuque Con-
solidated Fund and Fire Main-
tenance Fund Operations for the
balance of the fiscal year 1933•
34, due to the delinquent collec-
tion of city taxes.
STATEMENT OF YEARLY TAX
DELINQUENCY.
Delinquency for 1928 levy,
collectible in 1929...............,$ 3,330,03
Delinquency for 1929 levy,
collectible in 1930................. 7,396.30
Delinquency for 1930 levy,
collectible in 1931................. 15,688.30
Delinquency for 1931 levy,
collectible in 1932 .................. 69,640.45
Delinquency for 1932 levy,
collectible in 1933 ................. 105,280,97
Total Tax Deliuquency.........$201,336,05
Whereas, said transfer is in ao-
cordance with Section 388, Code
1927, as amended by the 43rd Gen•
eral Assembly; and
Whereas, there is sufficient money
in the Bonded Debt Sinking Fund to
meet all demands theron due to the
fact that this sum is being built up
for bond retirement in the. year
1937; and
Whereas, all laws relating to mu-
nicipalities have been complied
with: Now, Therefore,
Be It Resolved by the City Coun
cil of the City of Dubuque of Du-
buque County, Towa, subject to the
approval of the Director of the Bud•
get, now the State Comptroller, that
said sum of $75,000.00 be and the
same is hereby temporarily trans
ferred foram the Bonded Debt SiNi
ing Fund, including $55,000.00 to the
Consolidated Fuud and $20,000.00 tc
the Fire Maintenance Fund, and the
City Clerk (Secretarial Officer) is di
rected to correct his books accord
ingly and to notify the Treasurer o:
this transfer, accompanying the no
tification with a copy of this reso
lution and the record of Its adop
tion, The vote thereon was a;
follows:
Ayes-M. R. Kane, Ed. McEvoy
Ardena] Thompson, Peter Schilta
M, B. Andelfinger.
Nays-None.
M. R. KANE,
Presiding Officer,
Mayor of City of Dubuque,
Iowa.
J. J. SHEA,
Secretarial Officer,
Cfty Clerk,
I, J. J. Shea, City Clerk (Secre-
arial Officer) of the City of Du-
~uque of Dubuque County, Iowa,
iereby certify that the above is a
rue and correct copy of a resolu-
ion passed by the, City Council on
be 15th day of January, A. D. 1934,
J, J. SHEA,
City Clerk.
Councilman Andelfinger moved the
adoption of the resolution, Secand-
~d by Councilman McEvoy. Carried
~y the following vote;
Yeas -Mayor Kane, Councilmen
Indelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
Potition of Frith's Union Slaugh-
ter House et al requesting that the
Bee Branch Sewer, beginning at
l7th Street and going north, be cov-
ered with either rock or cement,
presented and read.
Councilman Thompson moved that
:he City Engineer be instructed to
prepare an estimate of the cost of
;overing the uncompleted parts of
the Bee Branch Sewer north of 17th
Street so that same may be included
in the C, W. A, program. Seconded
by Councilman McEvoy. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
Petition of Mrs. Peter Bradley et
al, taxpayers of West Dubuque and
vicinity, requesting the City Council
to secure the Nick Welbes Field for
skating rink, ball field and play-
ground presented and read.
Councilman Thompson moved to
refer the petition to the City Coun-
cil to view the grounds at earliest
possible date. Seconded by Council•
man McEvoy. Carried by the follow-
ing vote:
Yeas -Mayor Kaue, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None,
Return of service, subscribed and
sworn to by C, F. Bartels, Building
Commissioner, of the notice served
upon Ida Dement and Henry Pfotzer
notifying them that the frame struc-
ture located upon the South 50 feet
of Lot 2 of the Sub. of Lots 8 and 9
of Geiger's Sub. be torn down and
the nuisance abated on or before the
first day of February, 1934, present-
ed and read.
Councilman Thompson moved that
the return of service be received and
filed. Seconded by Councilman An-
delfinger, Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
Proof of publication, certified to
by the publishers, of the list of
claims for which warrants were
drawn during the month of Decem•
ber, 1933, presented and read,
Councilman Andelfinger moved to
receive and file the proof of publics~
tion. Seconded by Councilman Mc•
Evoy. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
Communication of John J. Ais ap•
plying for a position as member of
the Board of Review presented and
read.
Councilman McEvoy moved that
the communication- be received and
made a .matter of record. Seconded
by Councilman Thompson. Carried
by the fallowing vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
Communication of George. Masters,
Plumbing Inspector, stating that a
vacancy has occurred on the Board
of Examiners for Plumbers and that
it will be necessary that the City
Council appoint a member of the
Board of Health to fill such vacancy
presented and read.
Councilman McEvoy moved that
Councilman Thompson be appointed
to fill the vacancy as a member of
the Hoard of Examiners for Plumb-
ers. Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz,
Nays-None.
Councilman. Thompson not voting.
Petition of Kezie Linderman Es-
tate, by Mrs. F, Kramer, referred to
the City Council by the Board of
Supervisors, requesting the cancella-
tion of the taxes on South 30 feet of
East 9D feet of Lot 375, Davis Farm
Addition, presented and read.
Councilman Thbmpson moved to
refer the petition to the City Solic-
itor for investigation and report,
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
Petition of W. A. Garver, referred
to the City Council by the Board of
Supervisors, requesting the suspen-
sion of the 1933 taxes on Lot 6,
O'Neill's Sub. No. 3, presented and
read,
Councilman Thompson moved to
refer the petition to the City Solic-
itor far investigation and report,
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
Petition of J. J. Weber, referred to
the City Council by the Board of
Supervisors, requesting the exemp•
tion of the 1933 taxes on Lot 103,
L. H. Langworthy's Add„ presented
and read.
Councilman Thompson moved to
refer the petition to the City Solic-
itor for investigation and report,
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
Verbal report of City Solicitor
Czizek recommending that the claim
of F. W, Woolworth Company in the
amount of $10.35, for damages
caused by the backing up of sewer
into their basement at 739 Main
Street, be received and Sled, pre-
sented.
Councilman Andelfinger move d
that the recommendation of City So•
licitor Czizelt be approved. Second-
ed by Councilman Thompson, Car-
ried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None,
Verbal report of City Solicitor
Czizek recommending that the Cer-
tificate of Authority from the Insur-
ance Department of Iowa, Des
Moines, Iowa, authorizing the Inland
Bonding Company, South Bend, In•
dfana, to transact the business of
Fidelity and Surety Insurance in the
State of Iowa, be received and
placed on file, presented.
Councilman McEvoy moved that
the recommendation of City Solic-
itor Czizek be approved. Seconded
by Councilman Andelfinger. Carried
by the following vote:
Peas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None. •
Verbal report of City Solicitor
Czizek recommending that the Cer-
tified Copy of Power of Attorney
from the Inland Bonding Company,
South Bend, Indiana, appointing Carl
A. Stewart, Des Moines, Iowa, its
lawful agent and attorney-in-fact to
execute all bonds and undertakings
required by the Thos. Flynn Coal
Company, be received and placed on
file, presented.
Councilman McEvoy moved that
the recommendation of City Solic-
itor Czizek be approved, Seconded
by Councilman Andelfinger, Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
la Special Session, _Tanuary 15th, 1934
Andelfinger, McEvoy, Schiltz and CERTIFICATION OF STATUS OF
Thompson. LAND ACQUIRED BY THE CITY
Nays-None. OF DUBUQUE, IOWA, FOR AIR-
PORT SITE AND MONEY FUR-
Ordinance No. 2-34. An ordinance NISHED BY CITY OF DUBUQUE
fixing and establishing rates to be FOR AIRPORT EQUIPMENT
charged for the furnishing of elec- AND SUPERVISION.
tricity for residential uses and pur•
poses and prescribing a penalty for
violation hereof presented and read.
Councilman Andelfinger move d
that the reading just had be con-
sidered the first reading of the ordin•
ante. Seconded by Councilman Mc-
Evoy. Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger McEvoy, Schiltz and
Thompson.
Nays-None.
Councilman Andelfinger moved ~to
suspend the rules requiring an or-
dinance to be read on three separate
days. Seconded by Councilman Mc-
Evoy. Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
The ordinance was then read a
second time. Councilman Andel-
finger moved that the reading just
had be considered the second read-
ing of the ordinance. Carried by the
following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
Verbal report of City Engineer
Cullen upon petition of Mrs. Ray
Powers, requesting that her excava-
tion bond be released as she is no
longer engaged in such plumbing
work as world involve excavating in
streets and alleys, stating that all
excavation permits have been pro•
perly refunded and that there is no
need of further cantinuing the bond,
presented.
Councilman McEvoy moved that
the prayer of the petition of Mrs.
Ray Powers be granted. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger;. McEvoy, Schiltz and
Thompson.
Nays-None.
Councilman Thompson moved that
the City Manager be instructed to
"comply with the law as it pertains
to the placing of exit lights on City
owned public buildings. Seconded
by Councilman McEvoy. Carried b
the following vote:
Yeas -Mayor Kane, Councilme
Andelfinger, McEvoy, Schiltz an
Thompson.
Nays-None.
Resolution No. 6-1934.
Resolution of the City Council of
Dubuque, Iowa, approving the agree-
ment with the Civil Works Adminis•
tration of the Federal Government
for labor, tools, equipment and ma-
terials to be furnished by Federal
Funds for the Dubuque Airport and
obligating the City of Dubuque for
the purchase of the Airport site and
certain other expenditures to.be fur•
nished at the Airport location by
the City of Dnbuque, Iowa.'
Whereas, an application for- a Fed•
eral Grant through the Civil Worlrs
Administration of Iowa for the pur-
pose of securing labor, tools, rent of
equipment 'and certain materials for
the proposed Dubuque Airport on
the 164-acre Lacy Tract, Ham's Is•
land, Dubuque, Iowa, has been made
and said application has been mod-
ified and granted; and
Whereas, the site of the proposed
Airport has been inspected and ap•
proved by the Iowa Railroad Com-
mission, under date of December- 5th,
1933; and
Whereas, it was necessary for the
City of Dubuque ,to secure the use
of said site, either by lease or pur-
chase; and
Whereas, by the City Council pro•
ceedings of December 26, 1933, auth-
ority `vas made Ito purchase by deed
from Clive W. Lacy and Mona W.
Lacy, his wife, Mineral Lots 298, 299
and 30D, togetlrer with all accretions
and additions, for the sum of Ten
Thousand ($10,000.00) Dollars; and
Whereas, said deed for the above
mentioned Mineral Lots 298, 299 and
300 was executed, delivered to the
City 'and properly recorded, prior to
January 4, 1934; and
Whereas, the City Council of Du-
buque has previously authorized the
use of city equipment, including gra-
der, rollers, trucks, etc., to be used
on the preparation of the Airport
tract for proper runways and im-
provements to the extent of $4,200.00
and also necessary supervision of
labor: Now, Therefore,
Be It Resolved by the City Coun•
cil of the City of Dubuque that the
City of Dubuque will and has al•
ready, through city funds, purchased
y the approved site for the Dubuque
Airport at an actual cost of Ten
n Thousand ($10,000.00) Dollars.
d Be bt Further Resolved that the
City of Dubuque has already partial-
ly and will furnish city equipment,
Special Session, January 22nd, 1934 15
including grader, rollers, trucks, etc.,
up to the extent of $4,200.00 on said
Airport runway improvement.
Be It Further Resolved that the
City of Dubuque has already fur••
nished and will continue to furnish
during construction proper engineer-
ing and supervising service for the
Airport runway construction,
Passed, adopted and approved this
15th day of January, 1934.
M. R. KANE,
Mayor'.
ED. McEVOY,
ARDENAL THOMPSON,
PETER SCHILTZ,
M. B. ANDELFINGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Andelfinger moved the
adoption of the resolution. Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
There being no further business,
Councilman Thompson moved to ad•
journ. Seconded by Councilman An-
delfinger. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ............................_..........•....,......1934.
Adopted ............................................................1934.
Councilmen:
Attest :........................................................................... ~
City Clerk.
C11`YC0UNCIL
(Official)
Special Session, January 22nd,
1934.
Council met at 7:40 P. M.
Present-Councilmen Andelfinger;
McEvoy, Schiltz and Thompson.
Absent-Mayor Kane and City
Manager Evans.
Meeting called by order of Coun•
cilmen Andelfinger and McEvoy.
Councilman Andelfinger moved
that Councilman McEvoy be appoint-
ed as Mayor Pro Tem of the meet-
ing. Seconded by Councilman Thomp•
son, Carried by the following vote:
Yeas -Councilmen Andelfinger•,
Schiltz and Thompson,
Nays-None.
Absent-Mayor Kane.
Councilman McEvoy not voting.
Mayor- Pro Tem McEvoy read the
call and stated that service thereof
had been duly made and that this
meeting is called for the purpose of
conducting a public hearing upon
the report of the Planning and Zon•
ing Commission recommending the
establishment of districts and the
boundaries thereof and regulations
and restrictions proposed to be en-
forced therein all in relation to mu•
nicipal zoning and acting on any
other business as may properly come
before a regular meeting of the City
Council.
Communication of Dubuque Trades
and Labor Congress advising the
City Council that the following reso-
lution was endorsed by the Dubuque
Trades and Labor Congress; Be it
resolved that the Dubuque Trades
and Labor Congress petition the City
Council insisting on the enactment
of an ordinance to provide for equit•
able Boiler and Pressure vessel in•
spection, presented and read.
Councilman Thompson moved to
suspend the rules for the purpose
of allowing any one present in the
Council Chamber, who wishes to do
so, to address the Council. Second-
ed by Councilman Andelfinger. Car-
ried by the following vote:
Yeae-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None. ,
Absent-Mayor Kane.
Mesaers Richards and Homan ad•
dressed the Council relative to the
petition of the Dubuque Trades and
Labor Congress requesting the ap•
pointing of a boiler inspector and
the drafting of an ordinance cover-
ing the same.
Councilman Andelfinger moved
that the City Solicitor be instructed
to draft an ordinance for- Council
16 Special Session, January 22nd, 1934
consideration covering said inspec-
tion. Seconded by Councilman
Thompson. Carried by the follow-
ing vote;
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Communication of Albert V.
Schiltz, Chairman, Peter N. Nicks
and H. J. Hoffman, Committee of the
Marquette Court of the Catholic Or•
der of Forestors, conveying to the
-0ity Council the genuine appreciar
tion of the Marquette Court for your
untiring efforts to create owe pro-
jects to help the local unemployed
and for the efforts to push C. W. A.
projects at the present time, pre•
sented and read,
Councilman Thompson moved that
the communication be made a mat-
ter of record. Seconded by Coun-
cilman Andelfinger; Carried by the
fallowing vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Petition of V. E. Dzaboff stating
that through misinformation he
signed the petition to vote out the
City Manager .Plan of Government
and requesting that his name be can•
celled from the petition, presented
and read.
Councilman Andelfinger moved to
receive and file the petition. Sec-
onded by Councilman Thompson,
Carried by the following vote:
Yeas-Mayor Pro Tem McEvoy,•
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor- Kane.
Petition of Henry Grewe et a] re-
questing that a street light be in-
stalled at the intersection of 25th
and Washington Streets, presented
and read.
Councilman Andelfinger moved to
refer the petition to the City Man-
ager- for investigation and report,
Seconded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor- Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson,
Nays-Novo.
Absent-Mayor Kano.
Petition of Bridget Casey, referred
to the City Council by the Board
of Supervisors, requesting the can•
cellation of the '1932 and 1933 tax
es oh Lat 1 of 2 of 7, tat 2 of 7
of 1 of 3 of 7 andLot 2 of lot i
of 7 of Mineral Lot 79, presente6
and read,
itor far' investigation and report.
Seconded by Councilman Andelfinger.
Carried by the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Petition of Fred Luckrltz, referred
to the City Council by the Board of
Supervisors, requesting the suepen•
lion of the 1932 taxes on Lot 19 of
Quigley's Sub, of 710, presented and
read.
Councilman Thompson moved to
refer the Petition to the City So-
licitor for investigation and report,
Seconded by Councilman Andelfing-
er. Carried by the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent Mayor Kane.
Petition of Veterans of Foreign
Wars Leo A. Schwind Past 608, re•
questing permission to hold a "Bud-
dy Poppy" sale on May 19th, 1934,
presented and read.
Councilman Andelfinger moved
that the prayer of the petition be
granted. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson,
Nays-None.
Absent-Mayor Kane.
Application of Herman Hollenberg-
er requesting a transfer of his Class
"B" beer permit from 1097 Jackson
Street to 1900 Washington Strcet,
presented and read.
Councilman Andelfinger moved
that the application for transfer of
permit be granted. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Pro Tom McEvoy,
Councilmen Andelfinger,• Schiltz and
Thompson. .
Nays-None.
Absent-Mayor Kane,
Application of Jahn Heinz, Sr„ re-
questing atransfer of his Class "B"
beer permit from 2364 Washington
Street to 1097 Jackson Street, pre-
sented and read.
Councilman Andelfinger moved
that the application for transfer of
permit be granted, Seconded by
Councilman Thompson, Carried by
the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane,
Councilman Thompson moved to Communication of Franklin T. Litz
refer tits petition to the City Solis making application for the position
Special Session, January 22nd, 1934
of City Boiler inspector, presented
and read.
'Councilman Andelfinger moved
that 'in view of the feat that the
City of Dubuque now has a compet•
ent Boiler Inspector that the com-
inunication 'be received and Sled.
Seconded by Councilman Thompson.
Carried 'by the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Communication of G. B. Murtagh,
State Comptroller, approving of the
temporary transfer of $75,000;00 from
the Bonded Debt Sinking Fund, in-
cluding $55,000.00 to the Consolidat•
ed Fund and $20,000.00 'to the Fire
Maintenance Fund, presented and
read,
Councilman Andelfinger moved
that the communication be received
and made'a~matter of record, Sec-
onded by Councilman Thompson.
Carried by the .following vote:
Yeas-Mayor Pro 'Pem McEvoy,
Councilmen Andelfinger,, Schiltz and
-Thompson.
Nays-None,
Absent-Mayor Kane.
Resolution 'No. 7-34
A Resolution approving a.pplicar
tion for the sale of beer and author-
izing the issuance of permit.
Whereas, the City Council of the
City of Dubuquo has examined the
application which has been filed for
permit far the sale of beer within
the City of Dubuque and has ap-
proved such application as applies to
the person herein named at the loca-
tion described herein: Now, there-
fore,
Be It Resolved by said Council,
'that permit for the sale of beer with-
in the City of Dubuque be and the
same is hereby authorized and ord-
ered, as follows:-
Cfass °B" Permit
George Trimpler, 1701 Asbury
Street.
Bo It Further Resolved that the
bond filed with this application be
approved.
Passed, adapted and approved this
22nd day of January, 1934.
ED. McEVCY,
Mayor Pro Tem.
ARDENAL THCMPSON,
PETER SCHILTZ,
M, B, ANDELFINGER,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Andelfinger -moved
that the resolution be adopted upon
the filing of a proper bond. Second-
ed by Councilman Schiitz. Carried
by the'fo]]owing :vote:
li
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson,
Nays-None.
Absent-Mayor Kane.
Petition of Roy A, Schwaegler et
al requesting that Wost Third'Street
east of Algona Street be opened and
graded and terminate it in the hollow
or thereabouts, presented and read.
Councilman Andelfinger moved '#o
refer the petition to the City Council
to view the grounds. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and .
Thompson,
Nays-None.
Absent-Mayor Kane.
Ordinance No, 1-34. An ordin-
ance amending an ordinance entitled
"Ordinance No. 4-33. An ordinance
providing that certain businesses and
vacations conducted in the City of
Dubuque shall be licensed; fixing
the license fee therefor; defining
terms employed; prescribing.the reg-
ulations which shall apply to busi-
nesses and vocations required to 'be
licensed;, repealing all ordihances or
parts of ordinances in confiict•here-
with; and prescribing a penalty for
violation hereof," so as to provide
a license and .license fee far tran-
sient purchasers of junk, having
been passed upon first and second
readings ou the 9th day of January,
1934, presented and read a thir
time.
ORDINANCE No, 1-34. ~ ,
An ordinance amending an ordinance
entitled "Crdinance Nn. 4-33. An or-
dinance providing that certain busi-
nesses and vocations conducted in the
City of Dubuque shall he Licensed, tlx-
ing the license tee therefor; defining
terms employed; prescribing the regn-
]atiens which shall apply to businesses
and vocations required to be licensed;
repealing all ordinances or parts of or-
dinances in eonftict herewith; and pre-
scribing' a penalty fm• violation here-
of,' so as to provide a license and u-
eense fee far transient purchasers oc
junk.
Whereas an ordinance entitled "Cr-
dinance No. 9-33. An ordinance pro-
viding that certain businesses and vo-
cations conducted in the City of llu-
buque shall be licensad; fining the
license fee therefor; deftninK terms em-
ployed; prescribing' the regulations
which shall apply to businesses and
vocations required to be licensed; re-
pealing all ordinances or parts of or-
dinances in conflict herewith; and
prescribing a penalty Por vlolation
hereof " among other things provides
far the licensing of junk collectors but
no provision is made therein for ~~the
licensing of junk collectors who pur-
chase and collect platinum, gold or
silver from temporary locations tem- ,
pararily maintained within the City of
Dubuque and it is deemed necessary
to license all persons, firms or corpor-
ations who carry on such business
from such locations;
Naw, therefore:
1R Special Session, January 22nd, 1934
Be it Ordained by the Council a4 the
City of Dubuque:
Par. 473, Section 1. That Section 1,
Par. 309 of the ordinance referred to
in the preamble hereof as the same
relates to junk collectors be and the
same is hereby amended to read as
s:
° "Jun Collectors and Auto Salvage
Dealers.
1.'v Jttnk Collectors shall mean anyone
who buys and (or) sells junk, automo-
bile parts or fires of every kind and
description, either as his main busi-
ness or as incidental to some other
business.
2. Junk shall mean old scrap metals,
machinery, rags, paper, bottles, tin-
ware, furniture, plumbing and electrical
materials and fixtures, automobile parts
or tires, platinum, gold or silver, or any
otfier article or thing usually bought
sold or dealt with as junk.
3. Junk Collectors License. The li-
oense for collectors oY scrap metals,
machinery, rags, • paper, bottles, tin-
ware, furniture, discarded plumbing
and electrical materials and -fixtures
and other similar articles shall be
$12.50 per }'ear for operating with ono
horse and wagon; $25.00 a year fer
two horses and wagon or automobile
or truck. $10.00 per year for collection
without a1~~ehicle,
Any person, firm nr corporation who
engages In `he business of buying and
(or) salvaging automobiles, parts
tires shall pay a license of $25.00 a
year.
Any person engaging in the Purchase
and collection from house to house of
platinum, gold nr silver shall pay a
license Pee of $10.00 a day, $25.00 a
week or $75.00 a month,
Any person, firm or corporation en-
gaging in the business of pm•chasing
and collecting platinum, gold or sil-
ver from a fixed or temporary loca-
tion temporarily maintained within th!s
City sha1135.00 a twee], or $7600 1%t
a day, $'
~~~m filth.,'
Par, 414, Section 2. That al] ordi-
nances or parts of ardinnces in confiirt
hereutith be and the same are hereby
repealed.
Par. 415, Section 3. That this ordi-
nance shall be in force and effect ten
days from and after its final passage,
adoption and approval by the City
Council and publication as provided by
law.
Passed upon first and second read-
ings this 9th day of January, 1934.
Passed, adopted and approved upon
final reading this 22nd day of Jan•
nary, 1934.
ED. McEVOY,
Mayor Pro Tem,
ARDENAL THOMPSON
PETER SCHILTZ.
M. B. ANDELFINGEP„
Councilmen.
Attest: J. CityHC erlc.
Published officially in the Telegraah
Herald and Times-Journal newspape
January 34th, 1934. J. J. SHEA,
1-24-1t. City Clerk.
Absent-Mayor Kane,
Ordinance No, 2-34, An ordin-
ance fixing and establishing rates
to be charged for the furnishing of
electricity for residential uses and
purposes and prescribing a penalty ,
for violation hereof, having been
passed upon first and second read-
ings on the 15th day of January
1934, presented and read a thir
time. ~(~'•""
ORDINANCE N0. 2-34. 1/ ~
An ordinance filing and establishing ;. ,, `~
rates to be charged for the furnishing
of electricity for residential uses and
purposes and prescribing a penalty for
violation hereof.
BE IT OP.DAINED BY THE COON-
CIL OF THE CITY OF DUBUQUE:
Par. 91G-Terms Defined-Section 1.
For the purpose of this ordinance, cer-
tain terms herein employed shall have
the following meaning:-
(a) Residence Lighting-The term
"residence lighting" shall, mean elec-
trical current supplied to residence cus-
tomers and shall include current for
lighting, ranges, refrigeration and other
residential requirements . aervlued
through a single meter.
(b) KWH net-rate-The term "KWH
net rate" shall mean_ the regular - fixed
rate to be charged for each kiL,watt
hour of current used and serviced
through a single meter.
(c) Optional Rate-The term "option-
al rate" shall mean a special rate, •p-
tional with the consumer, and shall irr
elude all current used fur lighting,
ranges,- refrigeration and other resi-
dential requirements. It shall app!Y
also to electrical energy used by com-
merical institutions, except for light-
ing purposes, and only where a motor
of one horsepower or less is used.
Par. 417 Rates Fixed-Section 'l. Com-
mencing on March 1, 1934, _ the rates
to be charged for residential uses and
pm•poses by any person, firm or cor-
poration supplying electrical cm•rent
within the City of Dubuque shall be
fixed and detergtined as follows:-
(a) Residence Ltghting:-
First 50 I{NJH @ 7r/2 cts. per I{W'H
net.
A I1xOverll O H WH @' 4 cts. pe~ K WH,
net.
The minimum rate shall he nut to
exceed $L00 per month.
(b) Optional Rate:-
First 40 I{WH $3.20.
Next 40 I{WH @ 4 cts, per I~WH.
Next 100. KWH @ 3 cis. per K WlLper
All Over 180 KWH @ 2yy
KWH.
The minimum rate fm• residential
uses under the optitina] rate plan shall
be the amount at e'hich 'the first 90
KWH is billed The minimum rate tar
commercial institutions shall be the
amount at which the first 40 KWH is
billed, m• $1 UO per horsepower.oi• fract-
ion thereof, or. the equivalent thereat,
whichever is the higher.
Par. 418 Prompt Payment-Section 3.
r Consumers monthly bills shall be com-
puted at the net rate, anal there may
be added to the total net bill a +Um
equal to ten per cent thereof which may
he collected from the consumer who
Councilman Thompson moved the f 'ls to pay the net btu within the pir-
adoption of the ordinance. Second•
ed by Councilman Andelfinger. Car-
ried by the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
at
ind noted upon the hill.
Par. 419 Penalty-Section 4. Any
person, firm m• corporation violating the
provisions of this Ordinance shah be
guilty of a misdemeanor and, upon cnn-
vietion, shall be fined not to exceed
$1110 or imprisoned not to exceed thirty
days in jail.
Par. 420 Publication-Section 5. This
ordinance shall be in force 10 days from
Special Session, January 22nd, 1934 19
and after its final passage, adoption
and approval by ,the City Council and
publication, as provided by law.
Passed, upon first and second read-
ings this lbth day of January, 1934
Passed, adopted and approved upon
final readinK this 82nd day of January,
1934,
Mayor Pro-Tem,
ED. McEVOY,
Councilmen:
ARDENAL THO1l3PSON,
PETER SCHILTZ,
M. B. ANDELFINGER.
Attest: J. J. SHEA,
City Clerlc.
Published officially in the Telegraph-
Herald and Times-Journal newspaper
January 24th, 1934.
J. J. SHEA,
1-24-1t , City Clerlc.
Councilman Andelfinger moved the
adoption of the ordinance, Second-
ed by Councilman Thompson. Car-
ried by the follorying vote;
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson;
Nays-None.
Absent-Mayor Kane.
January 17, 1934.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: Last night prior to
the regular drilling of the Gover-
nor's Greys, the officials of said Gov-
ernor's Greys noticed an apparent
settlement in the fool- at the third
floor of the Armory Hall aver the
9th Street Fire Engine House. A
complete investigation was made to-
day, From string lino measurements,
it appears that the greatest settle-
ment is at a point approximately 50
feet west from the east line of said
building or from the Iowa Street line
and approximately 14 feet north
from the south line of the main
building wall. This settlement oc-
curs at a line of columns that ex-
tends from the basement floor to the
ceiling oP the second floor.
A comparative settlement at the ~i
ceiling line of the second floor and
the ceiling line of the first floor was
also discovered, varying from 2 inch-
es to 11/2 inches as close as rough
string line measurements were pos=
sible. The cellar pier' and footing
were roughly examined and it was
not found that any cracking or ap-
parent disturbances exist in the
stone pier at this location, How-
ever, it is not- ascertained that a
settlement at the footing has not
occurred. Apparent recent craclrs
are in the large timber running east
and west in the lino of columns on
both sides of the particulal• piel• that
is settled.
It is known that a slight settle~
went has existed at this particular
location at the ceiling line of the
first and second floors and also on
the floor line of the third flool• for
some time, but it is believed that
the settlement has recently increased
by approximately 1 inch,
In older to preserve the building
and prevent a possible serious acci~
dent, the writer has today issued in-
structions to the Recreation Dept„
the Govel•nor's Groya and the Fire
Department that no further use
whatsoever is to be made of the
third floor Armory Hall until care-
ful examination is made and possible
1•epair has been completed. We are
getting opinions and rough figures
from local building contractors which
will be submitted to the City Coun-
C11,
Yours very truly,
R, M. EVANS,
City Manager.
Councilman Andelfinger moved
that tho communication be received
and made a matter of record. Sec-
onded by Councilman Thompson,
Carried by the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
January 15, 1934.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: At the Council meet-
ing held January 2nd a claim of Leo
Wanger in the sum of $32,00 was
presented to the Council for alleged
damages caused by his car running
into an excavation at 18th Street
just east of the Milwaukee railroad
tracks. The claim was submitted to
the City Manager for investigation
and report.
Accordingly, I wish to advise that
Mr, Leo Wanger is the son of Mr.
Andy Wanger who lives at 2482
Washington Street, Mr, Leo Wang-
er, on the night of December 19th
at about 7:30, drove aGraham-Paige
sedan, 1929 mode], from 17th Street
northwardly in the alley between
Pine Street and Maple Street. This
particular alley, so far as the platted
right•of-way is concerned, ends about
150 feet north of 18th Streot, but
fol• many years the owners of Lots
300 and 301 have permitted public
driving across the rear of said two
Iota so that t1•affic can go from East
17th to East 18th Street and traffic
avoids the very deep gutter cross-
ing at the curb line of 17th Street
and Maple Street by using this al-
ley and rear of two private dots
The obstruction, ol• sewer hale
mentioned in Mr. Wanger's letter,
which caused the damage is of un-
]mown origin to city officials, From
residents of the vicinity, it seems
apparent that the former tenant on
Lot 301 dug a hole about 10 feet
north oP the south property line of
Z0 Special Session, January 22nd, 1934
18th Street, 'said hole being about
ZO feet west 'of the west property
line of Maple Street, The hole was
dug for the purpose"of etnPtying slop
and debris from the horse 'on Lot
301. No permission whatsoever hoe
been granted by the city for such
a nuisance, Later it seems the'hole
was covered by a se't of planks laid
on two cross ties at a comparative
area of 3 feet by 6 feet. Some time
recently two planks were removed
from'this cover along'the south edge
of this wooden constriiction. Mr.
Wanger claims that'hia'car ran into
the spot where the planks had been
removed and them is evidence on
the first plank still remaining that
his automobile, or same other
vehicle, has struck said hole in the
ground and run up on 'top of the
plank.
To prevent additional accidents on
this obstruction on 18th Street, the
writer has ordered the south erid of
said hole in the ground, where the
planks have been removed, to be
filled with loose rock. The 'entire
obstruction is'on the'riglt-of-way on
18th Street.
The driver had crossed private
right•of-way before striking this ob-
struction, but at the time of the
accident he was undoubtedly on 18th
Street or at least the wheels on the
left side of his car were on 18th
Street,
Yours very truly,
R. M. EVANS,
City Manager.
Verbal report of City Solicitor
bzizek recommending settlement of
the Claim of Leo Wanger in the sum
of $32.00 and'that a warrant 1n said
amount be ordered drawn on the
City Treasurer to cover the amount
of said claim, presented.
Councilman Thompson moved that
the recommendation of City Solicitor
Czizek be approved and a warrant
in the amount of $32.00 'bo ordered
drawn on the City Treasurer in ~fav
or of Leo Wanget• as settlement in
full of his claim. Seconded by Coun-
cilman Andelfinger, Carried by the
following vote:
Yeas-Mayor Pt•o Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Resolution No. 5--34,
Resolution of City Council of City
of Dubuque approving the contract
between the City of Dubuque, Iowa,
and the Government of the United
States, said contract being hereto
attached and made a part hereof and
designated, "Grant Agreement" dat-
ed as of January 22, 1934, between
the'City of'Dubuque,`State of Iowa,
(herein called the "City"), and the
United States of Americaand auth•
called the "Government"),
ot•izing the execution and delivery
thereof to the Federal Emergency
Administration of Public Works,
Whereas, an ,application for a
Federal Gt•ant of thirty per cent of
the actual cost of labor and mater-
ials to be employed in the construc-
tion of a public improvement desig-
nated and described as the Recon-
stt•uction of Storm Sewers 'on Main
Street, South Main Street and West
Eighth Street, Dubuque, Iowa, has
been made to the Federal Emergency
Administration of Public Works and
said application has been approved;
and
Whereas, said Grant Agreement
provides that it shall be approved
by the Governing Body of the City
and that proper officers thereof be
authorized to execute the same on
behalf of said City and deliver three
executed copies thereof to the Fed-
eral Emergency Administration of
Public Works, together with certi-
fied abstracts from the minutes of
the meeting of acid Governing'Body
of said City showing all proceedings
taken incident to such authorization,
including a certified copy of this
Resolution: Now, Therefore,
Be'It Resolved by the City Council
of the City of Dubuque: That the
Grant Agreement hereto attached
and made a part hereof, designated
"Grant Agreement," dated as of 'Jan-
uary 22, 1934, between the City of
Dubuque, State of Iowa, (herein
called the "City"), and the United
States of America, (herein called the
"Government"), be and the same is
hereby approved.
Be It Further Resolved that said
Agreement be executed in triplicate
by the Mayor of said City and at-
tested by the Clerk thereof with the
official seal of said City affixed there-
to, on behalf of said City, and cause
the same to bo delivered to the Fed-
eral Emergency Administration of
Public Works.
Be It Further Resolved that the
City Clerk be and he is hereby di-
rected to cause to be prepared cer-
tified extracts from the minutes of
the meeting of the Council showing
completely all proceediugs taken in-
cident to such authorization, includ-
ing acertified copy of this Resolu-
tion, and attach the same to said
certified copy of the Resolution.
This Resolution being deemed ut•-
gent and of immediate necessity, in
the preservation of public peace,
health and safety, shall be in force
and effect immediately upon its-pass-
age acid approval by the City
Council.
Special Session, January 22nd, 1934 21
Passed, adopted and approved this
22nd day of January, 1934.
ED. McEVOY,
Mayor Pro Tem,
ARDENAL THOMPSON,
PETER SCHILTZ,
M. B. ANDELFINGER,
Councilmen,
Attest: J. J. SHEQ,
City Clerk,
Councilman Thompson moved the
adoption of the resolution, Second•
ed by Councilman Schiltz. Carriod
by the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Proof of publication, certified to
by the publishers, of the notice of
public hearing to be conducted upon
the report of the Planning and Zon•
ing Commission recommending the
establishment of districts and the
boundaries thereof, and regulations
and restrictions proposed to be en-
forced therein all in relation to mu-
nicipal zoning, presented and read.
Councilman Andelfinger moved to
receive and file the proof of publica-
tion, Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Communication of Dubuque Trades
and Labor Congress requesting the
City Council to postpone the Plan-
ning and Zoning Ordinance for a
period of one year, presented and
read.
Messers Faatz, Richards and Mil-
lin addressed the Council relative
to certain portions of the zoning
ordinance and asking to have said
portions c]atified.
Messers Waller and Bissel and
Reverend Wolfe addressed the Coun-
cil explaining the zoning ordinance.
Councilman Andelfinger moved
that the communication be received
and referred to the City Council.
Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-Novo.
Absent-Mayor Kane.
Ordinance No. 3-34, An ordinance
to provide for the comprehensive
zoning of the City of Dubuque and
to regulate and restrict the location,
and use of buildings, structures, and
land for trade, industry, residence
or other purposes; to regulate and
restrict the height of buildings here-
after erected or altered; to regulate
and determine the area of yards and
other open spaces about buildings;
to regulate and determine the dens-
ity of use of land and lot areas and
for that purpose to divide the City
into districts; to provide for a Bpard
of Adjustment. and the orderly en•
forcemeat of the regulatigns here-
of; to provide penalties far the viq-
latfon of the pt•ovisions hereof; re•
pealing all ordinances or parts of or-
dinances in conflict herewith; and
designating this ordinance as "The
Zoning Ordinance of the City of Du•
buque," presented and read.
Councilman Andelfinger moved
that the reading just had be con
sidered the first reading of the or-
dinance, Seconded by Councilman
Schiltz, Carried by the following
vote:
Yeas-Mayor Pro Tem McEvgy,.
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Councilman Andglfinger moved to
suspend the rules requiring an or-
diuance to be read on three separ-
ate days. Seconded by Councilman
Schiltz. Carried by the fgllgwing
vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmon Andelfinger, Schiltz and
Thompson.
Nays-None,
Absent-Mayor Kane,
The ordinance was then read a
second time.
Councilman Andelfinger moved
that the reading just had be con-
sidered the second reading of the
ordinance. Seconded by Councilman
Schiltz, Carried by the following
vote:
Peas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Councilman Andelfinger moved
that the previous action of the City
Council in granting the American
Legion Drum Corps permission to
stage and hold a wallcathon contest
in the City of Dubuque be rescinded.
Seconded by Councilman Thompson,
Carried by the following vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kaue,
Ordinauce Nq. 4-34, An ordinance
to prohibit marathon dances, walka-
thon, skatathons, or similar endur-
ance contests within the City limits
of Dubuque, Iowa, and providing a
penalty for violation hereof, present-
ed and read.
Councilman Andelfinger moved
that the reading just had be consid-
22 Special Session, January 22nd, 1934 ~ Special Session, January 26th, 1934 23
ered the first reading of the ordin•
ante. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger; Schiltz and
Thompson.
Nays-None,
Absent-Mayor Kane.
Councilman Andelfinger moved to
suspend the rules requiring an or•
dinance to be read on three seperate
days. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Pro Tem McEvoy,
Councilman Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
The ordinance was then read a
second time.
Councilman Andelfinger moved
that the reading just had be con,
sidered the second reading of the
ordinance, Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Pro Tem McEvoy,.
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
Verbal report of City Solicitor
Czizek recommending the settlement
of the Claim of Thomas Duggan in
the amount of $82,00 for injuries
sustained in falling and breaking
his left arm due to a depression in
the street at the corner of Fifth
and Bluff Streets and that a war-
rant in the amount of $82.00 be ord-
ered drawn on the City Treasurer
in favor of Thomas Duggan; pry
sented.
Councilman Andelfinger moved
that the recommendation of City
Solicitor Czizek be approved and a
warrant in the amount of $82,00 be
ordered drawn on the City Treasurer
in favor of Thomas Duggan to cover
the amount of said claim. Second,
ed by Councilman Thompson, Car•
ried by the fallowing vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Atdelfinger, Schiltz and
Thompson,
Nays-None,
Absent-Mayor- Kane.
There being no fut•ther business,
Councilman Andelfinger moved to ad•
journ. Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas-Mayor Pro Tem McEvoy,
Councilmen Andelfinger, Schiltz and
Thompson.
Nays-None.
Absent-Mayor Kane.
J. J. SHEA,
City Clerk.
Approved ......................................................1934.
Adopted .........................._......................,......1934.
Councilmon
Attest : ................................................................._..
City Clerk.
CITY COUNCIL
(Official)
Special Session, Januat•y 26th,
1934.
Council met at 9:10 P. M,
Present -Mayor Kane, Council,
men Andelfinger, McEvoy, Schiltz,
Thompson.
Absent-City Manager Evans.
Resolution No, 9-34.
Whereas, on the 3rd day of Jan-
" nary, 1934, there was filed in the
office of the Clerk of the City of
Dubuque, Iowa, a number of peti•
lions purporting to contain the
names of 4,848 electors of the City
of Dubuque, requesting therein than
the following proposition be sub-
mitted to the electors of said City
at a special election to be called
therefor, to-wit:-
"Shall the City of Dubuque aban-
don its organization under Chapter
328 of the Code and resume such
special charter?" and
Whereas such petitions were re-
ferred to the City Council for the
purpose of determining the suffic-
iency thereof both as to form and
the number of signers thereon; and
Whereas, a canvass of said peti-
lions reveals the following facts:-
First: Of the total number of sig-
natures, 2,796 are registered at the
given address.
Second: There are 1,825 signa-
• Mures of persons who are not regis•
tered at the .given address and, with
reference to these, it has been found
that some are non•r•esidents, some
are minors and same others have
given their addresses at places
which are not residences within the
City.
Third: There are 51 signatures of
persons who signed the petitimrs
more than once.
Fourth: There at•e 95 signatures
which have been attached to the
petitions by one other than the per-
son whose name it purports to be.
Fifth: There are 78 signatures
where no address is given and which
are questionable for- other- reasons.
Sixth: Two names of persons are
on the petitions who were dead at
the time of the petitions were filed.
Seventh: The name of one person
who moved away from the City be-
fore the petitions were filed, and
Whereas, after making as careful
a canvass of the petitions as pos-
sible within the limited time allovv
ed, it has been determined that said
petitions contain a sufficient number
of signatures to comply with the
law: and,
Whereas, the City Solicitor has
advised this Council that the p.eti-
lions are in substantial compliance
with the statute:
Naw, Therefore, Be It Resolved
by the Council of the City of Du•
buque: That the Mayor- be and he
is hereby directed to issue a procla-
mation for a Special.Election to be
held on the first day of March, 1934,
at which election there shall be sub,
witted to the electors the following
proposition:
"Shall the City of Dubuque
abandon its organization under
Chapter 328 of the Code and re-
sume its Special Charter?"
Be it Further Resolved that the
City Clerk be and he is hereby di•
rected to prepare the necessary bal-
lots to be used at said election and
do all other things required by law
for the holding of said Special Elec•
lion in the manner and form, as re-
quired by law.
Passed, adopted and approved this
26th day of January, 1934.
M. R. KANE, .
Mayor.
ARDENAL THOMPSON,
M. B. ANDELFINGER,
PETER SCHILTZ,
ED. McEVOY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman McEvoy moved the
adoption of the resolution. Second-
ed by Councilman Andelfinger. Car-
ried by the following vote:
Yeas -Mayor Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None, ...
Potition of National Reemploy-
ment Office requesting the City of
Dubuque ~to pay the amount of
$23.45, one-half of the expense in-
volved during the CWA rush, for
extra auto maintenance previous to
January 1st, 1934, presented and
read.
Councilman Thompson moved that
the prayer of the petition be grant-
ed and a warrant in the amount of
$23.45 be ordered drawn on the City
Treasurer in favor of National Re•
employment Office to cover the
amount of the request. Seconded by
Councilman Schiltz. Carried by the
following vote:
Yeas -Mayor- Kane, Councilmen
Andelfinger, McEvoy, Schiltz and
Thompson.
Nays-None.
There being no further business,
Councilman Thompson moved to ad-
journ: Seconded by Councilman Mc-
Evoy. Carried by the following
vote:
Yeas - Mayor'Kane, Councilmen
24 Special Session, January 29th, 1934
Andelfinger, McEvoy, Schiltz and ~ ~ o ~ ~ ~ I
Thompson. C II
Nays-None. I
J. J. SHEA, (Official)
City Clerk.
Approved .. 1934, Special Session, January 29th,
............................................... 1934.
Adopted ......_ ...............-..-...._......................1934., Council met at 7:45 P, M. '
Present-Mayor Kane, Councilmen
._ ,..........~.:..-............._.._....-. McEvoy, Schiltz, Thompson and City % .
2~
~ ~ ~ ~ Manager Evans.
••••••••- Absent-Councilman Andelfinger•
"~ Meeting called by order of Mayor
Councilmen -_-..••-,•••-•,-•••••--••••••--•••••°•-°°• Kane and Councilman Thompson. ,
Mayor Kane read the call and stat-
.....-.....................••..-.••••••••-••••-•••• ed that service thereof had been duly •
made and that this meeting is called .
i
1..........-..............._ ..............._.......... for the Purpose of taking action up-
on the final adoptioa °f owa,aaad
No. 3-34, proposed zoning ordinance
Attest: ..........._ ..............._..._. _.-...
City Clerk, for the City of Dubuque,
acting on any other business as m y
properly come before a regular ,
meeting of the City Council.
Ordinance No. 3-34. An ordin-
an~e to provide for the comprehen-
sive zoning of the City of Dubuque
and to regulate and restrict the lo-
cation and use of buildings, struo-
tares, and land for trade, ihdustry,
residence or other purposes; to reg•
ulate and restrict the heighth of
buildings hereafter erected or alter-
ed; to regulate and determine the
area of yards and other open spaces '
about buildings; to regulate and de-
termine the density of use of land
and lot areas and for that purpose
to divide the City into districts;
to provide for a Board of Adjust-
ment and the orderly enforcement
of the regulations hereof; to provide
penalties for the violation of the
provisions hereof; repealing all or•
dinances or parts of ordinances in
conflict herewith; and designating
this ordinance as "The Zoning Ordin-
an~e of the City of Dubuque," having,
been passed upon first and secon ~ ~
readings on January 22nd, 1934, pr ~ ,
sented and read a third time. j
~ (Official Publication] '
ORDINANCE No, 3.34 ~
An ordinance to provide for the tom- ~~
prehensive zoning of the City of Du-
bu9ue and to regulate and restrict the ;
location and use of buildings, structures, I
and land for trade, industry, residence I
or other purposes; to regulate and te- ,
strict the height ofbuildings hereafter
• erected or altered; to regulate and deter-
mine the area of yards and other open ~
spaces about buildings; to regulate and
determine the density of-use of land
and lot areas and for that purpose to
divide the City into districts; to pro- i
vide far a Board of Adjustment and the
orderly enforcement of the regulattians i
hereof; to Provide penalties for the vio-
lotion of the provisions hereof; repeal-
' ing all ordinances or parts of ordi-
nances in conflict herewith, and deslg-
noting this ordinance as 'The Zoning
Ordinance of the City of Duhu9ue."
Whereas,. the City Council of the City
of Dutiuque deems it necessary to pro-
Coy in orderntoglessentcongest~onain
CITY OF
DUBUQUE
IOWA
EAGLE POrNT .
PARKS
COUNTY
ZONE PLAN
THIS ORDINANCE NO. 3-34 ADOPTED JANUARY 29, 1934
JOHN NOLAN CONSULTANT
PLANNING AND ZONING COMMISSION J.M. WOLFE CHAIRMAN
DAILE D WELCH VICE0CHAIRMAN F.E. BISSELL R.D. WALLER
RICHARD V. MCKAY SECREATRY W.A. SMITH L.C. STOFFREGAN
FRONT YARD
SIDE YARD
REAR YARD
LOT AREA PER FAMILY
LEGEND & SUMMARY OF REGULATIONS
SINGLE FAMILY RESIDENCE DISTRICT
TWO FMAILY RESIDENCE DISTRICT
MULTIPLE RESIDENCE DISTRICT
LOCAL BUSINESS DISTRICT
BUSINESS DISTRICT
LIGHT INDUSTRIAL DISTRICT
HEAVY INDUSTIRAL DISTRICT
r;
•s
Special Session, J
~ the streets;. to secure greater safety and
protection from fire, panic and other
dangers; to ,promote the public health,
morals and, general welfare; to provide
adequate light and air; to prevent the
overcrowding of land; to avoid undue
concentration of population; to facili-
tate the adequate proyisigne of trans-
portation, water, sewerage, schbols,
• parks and other public requirements; to
cohserve the value of ]ands and build-
ings and encourage the most appropri-
ate ugge of land throughout the City in
'l ae ordance with a comprehensive plan;
(~e it, Therefore, Ordained by the
' City Council of the City of,Dubuque;
ARTICLE I. DISTRIC,T$
• ~ Section j. Classification of Districts
' This ordinance shall be known as
~ "The Zgning Ordinance of the City of
Dubuque" find said Ctty is hereby di-
i vided into seven classes of districts, to-
wit;
(a) Single family residence districts.
(b) Two family residence districts.
(c) Multiple residence districts.
• (d) Local business districts, ,
(e) Business district.'
• (f) Light industrial districts.
(g) Heavy Industrial distr[cts•
Section 2. Boundaries of Districts
~ The boundaries o1 said districts are
shown on'a map entitled "Zoning Plan,
City of llubuque, Iowa", dated' Jan, 29,
1934, which map is hereto attached and
miLde a part heregf and ,al] notations,
references and infm•mation shgwn,there-
on shall be as much a part of this qr-
' I dinance as if the same were fully incor-
porated herein.
i ~ ARTICLE Ih SINGLE FAMILY RESI•
• DENCE DISTRICT
'~ Section 1. Use Regulations
No building or premises shall be used
and no building or structure shall be
erected or altered to be used in ,whole
i or in part, unless otherwise provided
for in this ordinance, except for the
~ i following purposes:
I. (a) Single family dwelling.
(b) Educational, religious or philan-
thropic use, excluding business school
~ '' and college or correctional institutions.
(c) Public library, publie museum and
other public buildings and municipal
' I structures including water supply reser-
i voir• or standpipe.
(d) Club, lodge, or community center
building, except where the principal
I ar'ly~enreied olnhas a businesscorthas
j I~ more than five sleeping rooms,
(e) Public parks, playgrounds, and
• ~ golf links of over 20 acres,
(f) Farm, garden, nursery or green-
' house.
(g) Railroad and railway rights-of-
way and passenger stations, and bus
passenger stations.
(h) Telephone exchanges (provided
the plans' of the building and use of
i the property are approved by the Plan-
' ping and Zoning Commission.)
~i (i) Professional office or studio of a
physician, surgeon, doctor, dentist, ar-
chitect, musician, lawyer or similar pro-
~ feasion, provided that the office or stu-
dio is locateid in a dwelling used as
such and further provided that no
~ goods are publicly displayed on :he
mentss areasho hnt therrg ban theename
and profession of the person using Ike
' office or studio, and such sign or name
I -
plate shall not exceed one (1) square
• foot in area.
~, (J) Accessary use on the same. lot
with and customarily incident to any of.
` the above permitted uses, including a
private garage for not more than three
• (3) motor vehicles,
.'i
29th, 1934 2S
(]t) Signs. In addition to the sign or
name plate (see item (i)) the follow-
ing signs may be erected in this dis-
trict: not more than two temporary
signs, neither of which shall exceed
twelve (12) square feet in area pertain-
ing to the construction, lease, rent or
sale of a building 'or premises, and a
name plate or bulletin tioard not ex-
ceeding twelve (12) square feet in area
at the entrance to a church or similar
institution.
(1) Hospitals, sanitariums, and gar-
ages for more than three (3) motor ve-
hicles, or a private garage on a separate
lot, providing a petition therefore, ac-
companied by the written consent' of
the owners of seventy-five (75) per cent
of the area of al] real estate within
three hundred (300) feet of any part of
the premises upon which such propgs-
ed structure is to be established is
filed with the Board of Adjustment and
approved by lt.
(m) Boarders or rooms. In a dwelling
occupied as a private residence, one or
mare rooms may be rented or table
board furnished up to and including four
(4) rooms or eight (3) adult guesfs.
Section 2, Height Regulations
No building shall be erected or al-
tered to' exceed in height thirty-five
(35) feet or two and one-half (2'~)
stories, unless it sets back from each
street and lot line, in addition to the
yard requirements, one (1) foot far each
foot of excess height. No building shall
exceed in height the width of the wid-
est street upon which the lot abuts. Un-
occupied toners, spires and domes are
excepted.
Section 3. Area Regulations
No building shall be erected or. alter-
ed except in conformance with the fol-
lowing provisions:
(a) Front Yards. A front yard. hav-
ing a mean depth of not less than
twenty-five (26) feet is required on
every lot, excepting that in blocks
where there are existing buildings at
the time of the passage of this ordi-
nance, then a front yard for any new,
altered, or reconstructed building, may
be varied by the Board of Adjustment
upon petition or appeal, as hereinafter
provided, in accordance with existing
front yards, but in no case shall a
frgnt yard be required to exceed fifty
(50) feet in depth.
Nothing in this section shall justify
the violation of any existing deed, or
contract prescribing a building line al-
though such would create a fl•ont yard
or equivalent open space of a greater
mean depth .than specified in this sec-
tion,
(b) Side Yards. On every lot, side
yards are required, each with a mini-
mum width of not less than six (0) feet
and aggregating a total of not less than
twenty-five (251 per cent of the width
of the lot. On a corner lot, the house
side yard adjacent to a side street
shall have a minimum width of not less
than ten (10) feet,
(c) Rear Yards. A rear yard having a
mean depth of not less than twenty-
five (25) per cent of the total depth of
the lot is required.
(d) Courts. All courts shall conform
to the requirements of the Housing
Law, State of Iowa.
(e) Lot Area Per Family. No dwelling
shall 6e erected or placed on a lot
containing less than six thousand
(6,000) square feet or a width less than
fifty (60) feet.
Nothing in the area regulations of
this ordinance relating to lot area per
family shall be held to prohibit the
erection of done-family dwelling upon a
lot, the area of which is less than that
prescribed as the minimum lot area per
26 Special Session, J
family, provided such lot was held
under separate ownership from the ad-
jacent lots, and a recorded plat of Iota
or subdivision of property shows such
lot to be separate and distinct at the
time of the passage of this ordinance.
Vacant adjacent lots held,by the same
owner at time of the passage of this
ordinance shall be replotted to provide
any budding isterected or placed theree
on.
(f) See Article IX (h). Window rea
Requirements.
Section 4. Accessory Uses
(a) Rear Usesa Accessoryupbuildings
Accessory not to exceed forty (40)
may occupy
pe(b) Private Garages.oA P ivatergaraB
not exceeding fifteen (15) feet in height
maY provide storage for not more than
three (3) motor vehicles, but shall not
exceed two hundred and forty (240) sq.
ft. of area per vehicle. Not more than
one commercial motor vehicle may be
stored therein. Sto~ot rsvehicles maY
more than two (Z)
be rented to others than occupants of
the premises. No business, oway av th
or service connected in any
motor vehicles shall be permiBtuildings.
(c) Location of Accessory
be neared than fiftYs (6 )bfeetntgsany
front street Ifne, or nearer than three
(3) feet to anY interior side or rear lot
line, except that a private Baran wh ch
be incorporated in a dwelling,
case the house side yard clearance shall
prevail. 1n the case °f buildingershall
any separate accessbry
thanbfifteenr(15)ofeete ,side street line
No accessory building shall be located
one story dwellingeand two (2)efeet ad-
ditional far each story of the dwedmg
above the first.
(d) Barns and Stables:-Provision may
be made for the 1 shelter of private
horses, and For sugh vehicles as may be
appropriate for transportation use iii
connection therewith. Two (2) horses
shall be deemed the equivalent of one
(1) motor vehicle, in determining the
shall ibe erect d eor used on a lot closer
than sixty (60) feet to the dwelling on
(75) feet tors dwellinghon any adjacent
lot.
The keeping of sheep, rabbits, goats,
or cattle is prohibited except on prem-
ises containing over one acre, and ex-
cept within an enclosure distant at
least fifty (50) feet from any side lot
line or any street line. Poultry shall
not be kept other than within an en-
closure distant at least ten (10) fact
(FO) feet fromlanyiatreet linelorsdwiely
ing.
Section 5. Undeveloped Area
The usual farin buildings may be
erected for farm purposes in outlyin
undeveloped areas except that n
building shall be erected on an approv
ed street location. Temporary nencon
forming structures may be erected i
such undeveloped areas for not mar
than tia~o (2) Years, but this period ma
be extended by the Board of Adjnst
ment upon its own motion or upon pe
titian or appeal or upon the recommen
dation of the Planning and Zoning Com
mission.
ARTICLE DENCE D~STRICT Y RES
Section 1. Use Regulations
11 b us
29th, 1934
and no building or stricture shall be
erebted d unless otherwisee provided efar
in part,
in this ordinance, except for th'e fol-
lowing Purposes:
(a) Use permitted in Single Family
Residence District.
(b) Two family dwelling.
(c) Accessory use on the same lot
oflt he above permittedinuses,nincluding
a private garage far not more than four
(4) motor vehicles.
(d) Addition to a cemetery existing at
the tim ravldedein suehecase that surly
nonce., p
ofdAdNstmelnt a approved by the Boar
Section 2. Height Regulations
No building or part thereoY shall be
erected or altered to exceed 1n height
thirty-five storiese0unlessti[t sets back
half (2'/z)
from each stard requirements~oned(1)
tion to the y
foot for each one (1) foot of excess
height. No building shall exceed in
height the width of the widest street
t veers, spres and domessare excepted.
Special Session, January 29th, 1934 27
required lot area per family before any
building is erected or placed thereon.
(f) See Article IX (h). Window Area
Requirements.
Section 4, Accessory Uses
(a) Rear Yard Area Occupiable by
Accessory Uses. Accessory buildin s
may occupy not to exceed forty (4~)
per cent of the area oY rear yard.
(b) Private Garages. A private gar-
age not exceeding fifteen (16) feet'in
height may provide storage for not mare
• than four (4) motor vehicles, but shall
not exceed two hundred and forty (210)
sq. ft. area per vehicle. Not more than
one (1) commercial motor ~amdor• vehicle
per Pamily may be stored therein. Stor-
age space for not more than two (2) mo-
~ for vehicles may be rented to other than
occupants of the premises. No business,
occupation or service connected in any
way with motor vehicles shall be per-
, muted.
(c) Location of Accessory Buildings.
No part of any accessory building shall
be nearer than forty-five (45) Feet to
any' front street line, or nearer than
three (8) feet to any interior aide or
rear int line except that a private gar-
1I age may be incorporated in a dwelling,
in which case the house side yard clear-
ance shall prevail. In the case of a
i corner lot any separate accessory buikl-
ing shall not be nearer to the side street
line than fifteen (15) feet. No acces-
sory building shall be located within ten
(10) feet of the rear of a one story
dwelling and two (2) feet additional Far
each story of the dwelling above the
first.
(d) Rarns and Stables, Provision may
be made far the shelter of private
horses, and for such vehicles as may be
~ appropriate for transportation use in
connection therewith. Two horses shall
be deemed the equivalent of one (1)
motor vehicle in determining the per-
mitted number. No barn or stable shall
be erected ar used on a lot closer than
sixty (60) feet to the dwelling on Bald
lot, or closer than seventy-five (IS)
feet to a dwelling on any adjacent ot.
The peeping of sheep, rabbits, goats,
or cattle is prohibited except on pnem-'
ices containing over one acre, and ex-
cept within an enclosure distant at least
fifty (60) feet from any side lot line
or any street line. Poultry shall not he
~, kept other than within an enclosure
distant at least ten (10) feet from any
side lot line and at least fifty (50) feet
from any street line or dwelling.
;.
i Section 5. Undeveloped Area
~ The usual farm buildings may be
4 ~ erected far farm
purposes in ouklying
undeveloped areas except that no build-
ing shall be erected on an approved
street location, Temporary non-a~n-
forming structures may 6e erected In
such undeveloped areas for not mire
than two (2) years, but this period may
be extended by the Board of Adjustment
upon Its own motion or upon pet~ticn
or appeal or upon the recommendaGun
of the Planning and Zoning Commis-
sion.
ARTICLE IV. ,MULTIPLE RESIDENCE
DISTRICT
Section 1. Use Regulations
No building or premises shall be used,
and no building shall be erected or al-
tered to be used in whole or in part,
unless otherwise provided for in thjs
ordinance, except for the following pur-
poses:
(a) Uses permitted in a Two Family
I(// Residence District.
(b) Multiple dwelling.
(c) Apartment house.
(d)' Hotel,
(e) Club or lodge.
(f) Lodging or boarding house.
(g) Hospital, sanitarium, or clinic. ~
(h) Storage Garage, t-~Q~ ~,,,wu~,v~~ti~
(1) Accessory uses on the same to~Dyuu`~ ,~ /{A
customarily incident to any„„of~f the above P,2d y~ .)~~~^""`°'
p i~e u~,e.H - 1`l~8'o~la, ~
Seon 2. Height Regulations
No building shall be erected or alter-
ed to exceed in height fifty (60) feet
or four (4) stories unless it seta back
from each street and lot line, iii addi-
tion to the yard requirements, one p)
foot for each one (1) foot of excess
height, Aro building shall exceed in
height the width of the widest street
upon which the lot abuts. Unoccupied
towers, spires and domes are excepted.
Section 3. Area Regulations
No building shall be erected or alter-
ed except in conformance with the Fol-
lowing provisions:
(a) Front Yard. A front yard having
(20) efeetdeptrequired ons eve y ]ot,eaxy
oepting that in blocks where there are
existing buildings at the time of the
yards for fanYlanew,nalteredheor recont
shucted building, may be varied ~Y the
Board o4 Adjustment upon petition or
appeal, as hereinafter provided in ac-
cordance with existing front yards, out
in no case, shall a front yard be requir-'
ed to exceed' fifty (50) feet in depth.
Nothing in this section shall justify
the violation of any existing deed or
contract prescribing a building line, al-
though such building line would create a
front yard or equivalent open space of
a greater depth than that specified in
this section.
(b) Side Yards. Og every lot side
~ar~s aldtheofi not leash thanh foumit4)
feet and aggregating a total of nut less
than twenty l26) per cent of the width
of the lot. On a corner lot, the house
side yard adjacent to a side street
shall have a minimum width of not less
than eight (8) feet.
(e) Rear Yards. A rear yard having a
pera cent tof ~ he total 'deptht of nthe(~ot
is required.
(d) Courts. All courts shall conform to
the requirements of the Housing Law,
State of IOw-a.
(e) Lot Area P.ec Family. No dwelling
shall be erected or placed on a tut con-
taining less than the One Familyi dwelm
lot areas per family: .
rug-five thousand (5000) square feet.
g Two Family dwelling-three thousand
o five hundred (3500) square feet per
family. '
- Nothing in the area regulations of
n this ordinance relating to lot area per
e family shall be held to prohibit the
y erection of a one family dwelling upon
a lot, the area of which is less than
that presm•ibed as the minimum lot
area per family, provided such lot was
_ held under separate ownership from the
adjacent lots and a recorded plat of lots
ar subdivision of property shows such
I- lot to be separate and distinct at the
time of the passage of this ordinance.
Vacant adjacent lots held by the seine
owner at time of passage of this ordi-
ed nonce shall be replotted to provide the
Section 3. Area Regulations
No building shall be erected or alter-
ed except in conformance with the fel-
lowing provisions:
(a) Front Yards. A front yard having
a mean depth of not less than fifteen
(15) feet is required on every lot,
(b) Side Yards. On every lot, side
yards are required, each with a mini-
mum width of not less than four (4)
feet and such aide yards shall be in-
creased in width by one (1) foot for
each additional story above the first
On a corner lot the house side yard ad-
jacent to a side street shall have. a
minimum width of not less than eight
(8) feet.
(c) Rear Yard. A rear yard having a
mean depth of not less than ten (10)
feet is required on every lot, and shall
he increased by two (2) feet for each
additional story above the first.
(d) Courts. All courts shall conform to
the requirements of the Housing Law,
State of Iowa.
(e) Lot Area Per Famiiy, No dwelling
shall be erected or placed on a lot con-
taining less than the following minimum
lot area per family: One family dwell-
ing-five thousand (5000) square feet,
Ttvo family dwelling-two thousand
five hwidred (2600) square feet per
family. Apartment house, multiple
dwelling--one thousand-. two hundred
and fifty (1250) square feet per fami:y,
Nothing in the area regulations of this
ordinance relating to lot area per family
shall be held to prohibit the erection of
a one family dwelling upon a lot, the
area of which is less than that pre-
scribed as the minimum lot area per
family, provided such lot was held under
separate ownership from the adjacent
lots, and a recorded plat of lots or subdi-
vision of property shows such lot to he
separate and distinct at the time of the
passage of this ordinance. Vacant ad-
jacent lots held by the same owner at
the time of passage of this ordinance
shall be replotted to provide the re-
quired lot area per family before any
building is erected or placed thereon.
(f) See Article IX (h). Window Area
Requirements.
Section 4, Accessory Uses
(a) Rear Yard Area Occupiable by Ac-
cessory Iises. Accessory uses may or,-
cupy not to exceed thirty (30) per cent
of the area of the rear yard.
(b) Private Garages. A private garago
not exceeding fifteen (15) feet In
height may provide storage far not
mare than four (4) motor vehicles, but
shall not exceed two hundred and forty
(240) sq. ft. area per vehicle. Not more
than one (1) commercial motor veh;rle
per family may be stored therein. Stor-
age space for not more than two (2)
motor vehicles may be rented to other
than occupants of the premises. No
business, occupation or service connect-
ed in any way with motor vehicles shall
be permitted.
(c) Location of Accessory Buildiigs.
No part of any accessory building snail
' ' ATO building or premises she e
28 Special Session, January 29th, 1934
be nearer than forty-five (45) feet fo
any front street line or nearer than
three (3) feet to any interior aide or
rear lot line,' except that a'pMvate gar'
age may be incorporated in a dwelling,
including an apartment kovse or hotel,
in which case the house side yard
clearance shall still prevail: In the case
of a corner lot any separate accessory
building shall no[ be nearer to the side
street line than fifteen (15) feet.
No accessory building shalt be located
within ten (lp) feet of the rear of a
one story dwelling and two (2) feet ad-
ditienal for each story of the dwelling
above the firer.
(d) Barns and Stables. Provision
may be made for the shelter of private
horses, and for such vehicles as may be
appropriate fqr transportation' use in
connection therewith, Two (2) horses
shall be deemed the. equivalent of one
(1) motor vehicle, in determining the
permitted number. No barn or stab~e
anal] be erected or used on a lot closer
than sixty (60) feet to the dwelling on
said lot, or closer than seventy-five (75)
feet to a dwelling on' any adjacent Iqt.
The keeping of sheep, rabbits, goats,
cattle and poultry is prohibited.
Section 5. Storage Garages
No part of a storage garage for more
than four (4) motor vehicles shall, be
located within forty-five (96) feet" of
the front lot line, within three (3) feet
of a side lot line, or within five (5) feet
of a rear lot'Iine.
ARTICLE DISTR CT BUSINESS
Section 1.-Use Regulations
No building or'premises shall be used
and no building or structure shall be
erected or altered to be used in whole
at• in part, unless otherwise provided
for in this ordinance, except for the
following purposes:
(a) Uses permitted in a Multiple Resi-
dence DisU•ict
(b) Retail store.
(c) Personal service establishment.
(d) D1oving picture theatre, dance
hall, amusement park,
(e) Oil and gasoline service station
(subject to Article IX (d) ).
(f) Puhlic garage for the sale, servic-
ing or repair of motor cars (subject to
Article IX (d) ),
g) Funeral home or mortuary.
'Sign Board, indicating the name
and character of business transacted on
the Premises, attached to, the building
ar structure, but not suspended or pro-
jected more than the thickness of the
si
(i), Billboards, providing the same are
designed and constructed according to
the Building Code, and providing fur-
ther that they shall not be located etos-
er than twenty-five (25) feet from the
street or alley line, and be not aver
fifteen (16) feet in height and subject
to approval by the Board of Adjust-
ment after a public hearing.
Section 2. Height Regulations
No building shall be erected or alter-
ed to exceed in height fifty (50) feet or
fow• (4) stories. Unoccupied towers,
spires and domes are excepted.'
Section 3, Area Regulations
No building shall be erected or alter-
ed except in conformance with the
following provisions:
(a) Front Yard. A front yard having
a mean depth of not less than fifteen
(16) feet is required on every lat. When
a lot is used in whale or in part for
business purposes there shall be pro-
vided next to the building front a public
sidewalk. not less than flue (5) feet in
width and connected with adjacent
sidewalks, and a ¢arking space for mo-
tor vehicles between such sidewalk and
the street line. This parking apace shall
be made dit•ectly accessible from the
street for its entire length,
(b) Side Yards. On every lot used ex-
clusively for residential purposes side
yards are required each with a mini-
mum width of four (4) feet and sudh
side yards shall be increased in width
by one (1) foot for each additional
story above the first. On a corner iot
used for business purposes the side yard
adjacent to the side street,shall be a
minimum of four (4) feet in width.
(c) Rear Yards. A' rear yard is ro•
quired on every lot whicH shall be of a
mean depth of not less than ten (J0)
feet and shall be Increased by two (2)
feet for each additional story above the
first.
(d) Courts. All wurte in residential
structures shall conform to the re-
quirements of the Housing Law, State
of Iowa. Courts for other than,residen-
tial structures shall be governed by
the Building Code of .the City of Du-
buque.
(e) Lot Area Per Family. No dwell-
ing shall be erected or placed on a lot,
containing less than the following mini-
mum lot area per family:
One family dwelling-five thousand
(5Dgq) square feet,
Two faintly dwelling-two thousand
five hundred (2600) square feet pet,
family.
Apartment house-one thousand te'o
hundred and f[fty p25D) square .Peet per
family.
Nothing in the area regulations of
this ordinance relating to lot area per
family shall be held to prohibit the.
erection of a one family dwelling upo'n'
a lot, the area of which is less than,
that prescribed as the minimum :ot
area per family, provided such lot was
held under separate ownership from the
adjacent lots, and a recorded plat of
lots or subdivision of property shows
such lot to be separate and distinct at
the time of the passage of this ordin-
ance. Adjacent lots held by the same
owner at time of passage of this,ordiit-
ance shall be replotted to provide the
required lot area per family before any
building is erected or placed thereon.
Section 4, Accessory Uses
(a) Rear Yat•d Area Occupiable by
Accessory Uses. A~ssory buildings may
occupy not to exceed forty (90) per cent
of the area of the rear yard.
(h) Private Garages. A private garage
not exceeding fifteen (lb) feet in height
may provide storage for not more than
four (4) motor vehicles.
(c) Location of Accessory Buildings.
No part of any accessory building shall
be nearer than thirty (30) feet to any
front street line, or nearer than three
(3) feet to any side or• rear lot line,
except that a private garage may be
incorporated in a building in wfiich case
the building side yard clearance shall
separate naccessory bundmgt shall not
be nearer to the 'side street line than
ten (10) feet.
ARTICLE VI. BUSINESS DISTRICT
Section 1, Use Regulations
Buildings or premises may be used
for any purposes except the following:
(1) Bakery (wholesale) -employing
more than five (5) persons). ,
(2) Rlachsmith shop or horseshoemg
shop.
(3) Bottling works.
(4) Building material storage yard.
(5) Carting, express, hauling or stor-
age yard.
(6) Contractor's plant or storage yard.
(7) Cooperage works.
Special Session, January 29th, 1934 29
($)'Dyeing-and cleaning works (em
•ploying in the trade on the premise
utore,trian five (5) ¢ersons).
(0) Fish packing, smoking and curing
'(10) Fuel distributing plants-and lue
'storage yards (whblesale).
(11) Ice plant or ice storage hous
(wholesale),
'(12) Jank yard or,yard'for storage,
(13) Laundry (employing 'more than
five (5) 'persons),
(14) Livery stable, live stack, barn o,
corral.
(15) Lumber yard
(16) 'Machine whop (employing marl
than five (5) ¢ersons).
(17) Milk distributing station o~
creamery (wholesale).
(18) Pant mixing (wholesale).
(19) Planing'mill.
(20) Pdhltry ltilling, dressing, or liV+
storage .except far retail `sale on lht
¢remises.
(21) Stone yard'or'monument'works.
(22) Manufacturing, or other indas•
trial uses, oilier Phan light txfanufactar•
ing incidental or accessory to 'a retat,
business lawfully conducted 'on 'he
premises. which is in no way 'a hula'
ante or hazardous to the district, and
where 'the major pbrtion 'of ,the _ pro'
duct is to be sold at retail on trie pram'
ices by the manufacturer to the con'
sumac,
8ectlon 2. Height Regulatlona
No bu[lding or part thereof shall be
erected or altered to exceed in Height
the width of the widest street upon
which it 'abuts. Hotiveder,'for each one
'Q1) fpdt, that the building or part triere-
df sets back from the street and rear
ldt lines four (4) Peet may be added to
the height af'the building, but oat so
the height shall exceed one'and one-half
(P,¢) times the width of the 'oldest
street except that a tower for occu-
pancy with a base not exceeding in
area 'twenty-five' (25) per cent of the
'area of the lot may be erected pro-
vided such tower shall not be nearer
than twenty-five (25) feet to any ant
line other than a street line and at
least fifty (50) feet from any other
tower, but in no case shall the Gx-
kreme height of tower exceed two and
one-half (2t/c) times the street width.
Section 3. Area Regulations
No building shall be erected or alter-
ed except in conformance with the
following provisions:
(a) Front Yards. Premises used for
dwelling pw•poses only shall be Kovern•
ed by the regulations applying to
Multiple Residence District. In every
other case no front yards are required.
(b) Side Yards. Premises 'used for
dwelling purposes only shall be governed
by the regulations applying to the
Multiple Residence District. In every
other case no side yards are required.
(c) Rear Yards, Premises used for
dwelling purposes only shall be governed
by the regulations applying to the Mul-
tiple Residence District. In every other
case a rear yard is required which shall
be of a mean depth of not less than
ten (10) feet (see Article IX (p) ),
(d) Courts. All Courts in residential
structures shall conform to the require
manta of the Housing Law, State of
Iowa. Courts for other than residen-
tial structures shall be, governed by the
Building Code of the City of Dubuque.
(e) Lot Area Per Family, No dwelling
shall be erected or placed on a lot con-
taining less than the following minimum
lot areas per family:
One family dwelling-five thousand
(5000) square feet,
Tivo family dwelling-two thousand
fl6e.hfindred (2500) square lest per
family.
Apartment or tenement ,house-six
hundred (600) square feet per family.
Nothing in the area regulations of into
ordinance relating to lot area per,tatn-
ily shall be held to prohibit the erec-
tion of a qne-family dwelling upon a,lut,
the area of which ig less than that'pre-
scribed as the minimum lot area per
family provided such lot was'held''un-
der separate ownership from the adja-
cent lots, and a recorded-plat'of lots or
subd[vision of property shows such lot
to be separate and distinct, at the'tinte
of the passage of this ordinance. Ad-
jacent lots held by the same owner at
time of passage of this ordinance,ahall
be replotted to provide the required lot
area per 'family before any building is
erected or placed thereon.
Section 4, Accessory Uses Applicable
To Dwellings Only
(a) Area Occupiable by Accessory
Uses. The total area of all accessory
buildings must not exceed forty '(401
per cent of the area of rear yard.
(b) Location of Accessory Buildings.
No part. of any accessory building shall
be nearer 'than thirty (30) feet to any
front street line, or nearer than 'three
(3) feet to any side or rear lot 'line,
except that a private garage inay'be,ln-
corporated In a building, in which ease
the building side yard clearanee'sNall
prevail. In trie case of a corner lot atiy
separate accessory bulling 'sriall riot
be nearer the side street line thah'fiVe
(5) feet.
ARTICLE VII, LIGHT INDUSTRIAL
DISTRICT
Section 1. Use Regulations
All buildings and premises may be
used for any purpose except the follow-
ing:
(1) Acetylene gas manufacture.
(2) Asphalt manufacture or refining.
(3) Bag cleaning,
(4) Blast furnace.
(5) Bailer works.
(6 Brick, ilia or terra cotta manufac-
ture,
(7) Candle manufacture:
(3) Celluloid manufacture.
(9) Cement, lime, gypsum, plaster of
Paris manufacture.
(10) Chlot•ine manufacture.
(11) Colts ovens, crematory, reduction
plant or dump.
(12) Creosote treatment or manufac-
ture.
(13) Dextrine, glucose and starch
manufacture.
(14) Distillation of bones,, coal or
wood.
(15) Dyestuff manufacture.
(16) Electrical neutral station power
plant.
(17) Emery, emery cloth and sand pa-
per manufacture.
(18) Explosive manufacture or slor•
age of same except as permitted b7
existing ordinances..
(19) Fat rendering.
(20) Fertilizer manufacture.
(21) Flout' milling.
(22) Forge plant.
(23) h'uel manufacture.
(21) Glass manufacture.
(25) Glue, size or gelatine manufac-
ture.
(26) Incinerators, reduction ar dump-
ing of garbage, dead animals, offal or
refuse.
(27) Iran, steel, brass or copper works
or foundry.
(23) Junk or scrap storage or baling
of paper, raga or metals.
(29) Lampblack manufacture.
(30) Linoleum or oilcloth manufacture.
(31) Match manufacture. •
(32) Ofl, paint, turpentine, enamel or
varnish manufacture,
(33) Ore reduction.
30 Special Session, January 29th, 1934 ~ Special Session, January 29th, 1934 31
(34) Paper pulp manufacture.
(35) Petroleum products, refining at'
bulk storage.
(36) Potash or washing soda manu-
facture.
(37) Yyroxolin manufacture.
(39j Rullingdmills s and shops.
(40) Rubber manufacture.
(41) Sawmill.
(42) Slaughter House,
(43) Smelting or refining of metals.
(44) Stockyard.
(45) Stove and shoe polish manufac-
ture.
(46) Sugar refining.
(47) Tar distillation or manufacture.
(48) Tar roofing or waterproofing
manufacture,
(49) Wool pulling or scouring.
(60) Uses prohibited in the Heavy In-
dustrial Dlatrict.
(51) And in genera] those uses which
may be obnoxious or offensive by reason
of emission of odor, dust, smolte, gas nr
noises, as may be determined by the
Board of Adjustment
Section 2. Height Regulations
No building or part thereof shall be
erected or altered to exceed in height
the width of the widest street upon
which It abuts. However, for each one
(1) foot that the building or part there-
of sets back from the street and rear
lot line four (4) feet may be added to
the height of the. building, but not so
ihat the height shall exceed one and
one-half (lys) times the width of the
widest street, except towers, chimneys
or other special features required for
the conduct of permitted uses.
Section 3, Area Regulations
No building or structure shall be
erected or altered except in conform-
. once with the following provisions:
(a) Front Yards. Premises used for
dwelling purposes only shall be govern-
ed by the regulations applying tb the
Multiple Residence District. In every
other case no front yards are required.
(b) Slde Yards. Premises used for
dwelling purposes only shall be govet•n-
ed by the regulations applying to the
Multiple Residence ' Dlatrict. In every
other case no side yards are required.
(c) Rear Yards. Premises used for
dwelling purposes only shall be gpvern-
ed by the regulations applying to the
Multiple Residence District. In every
other case a rear yard is required which
shall be of a mean depth of not less
than ten (10) feet (see Article IX (p) 1.
(d) Courts. All courts in residential
structures shall conform to the require-
ments of the Housing Law, State of
Iowa. Courts for other than residential
structures shall be governed by the
Building Code of Dubuque.
(e) Lot Area Per Family. No dwell-
ing shall be erected or placed on a 'ot
containing less than the following mini-
mum lot areas per family:
One family dwelling-five thousand
(5000) square feet.
Two family dwelling-two thousand
five hundred (2500) square feet per
family.
Row house-two thousand two hun-
dred and fifty (2250) square feet per
family.
Apartment or tenement houses-six
hundred (G00) square feet per family.
Nothing in the area regulations of
this ordinance relating to lot area per
family shall be held to prohibit the
erection of a one-family dwelling upon
a lot, the area of which is less than
that prescribed as the minimum lot
area per family, provided such lot, ,vas
held under separate ownership from the
adjacent lots, and a recorded plat of
lots or subdivision of property shnx'e
such lot to he separate and distinct at
the time of the passage of this ordi-
nance. Adjacent lots held by the same
owner at time of passage of this ordi-
nance shall be replotted to provide
the required lot area pep family be-
fore any building is erected or planed
thereon
(g) Accessory Uses. Premises used fer
dwelling purposes only shall be guverii-
ed by the regulations aPPlying to ac-
cessory uses in the Business District.
In every other case there shall be no
restrictions upon such uses.
ARTICLE VIIIDISTR CT INDUSTRIAL-
- Section •1, lJse Regulations
Buildings and premises may be used
for any purposes whatsoever, not in
conflict with any ordinance of the City
of Dubuque regulating nuisances, pro-
vided, however, that no building or ~~c-
cupancy permit shall be issued for any
of the following uses until and unless
the location of suck use shall have peen
aPProved by the Board of Adjustmgnt:
(1) Acid manufacture,
(2) Asphalt and tar manufacture or
refining.
(3) Crematory, reduction plant or re-
fuse dumps.
(4) Cement, lime, gypsum or plaster
of Paris manufacture.
(5) Explosive manufacture or storage
of same.
(0) Petroleum refining.
(7) Slaughter house or stockyard.
(8) Smelting or refining of metals.
Section 2, Height Regulations
No building or part thereof shall be
erected or altered to exceed in height
one hundred and twenty (120) feet ex-
cept towers, chimneys, or other special
features required for the conduct of
permitted uses.
Section 3. Residential Requirements
Residential front yard, side yard, rear
yard, courts, lot area per family, and
accessory uses shall conform to the
requirements of Article VII, Light in-
dustrial Dlatrict,
ARTICLE IX, GENERAL PROVISIONS
(a) Non-conforming Uses. Any law-
ful use of a building or land existing at
the time of the passage of this ordi-
nance, even though such use does not
conform to the provisions of this ordi-
nance, may be continued, but if any
such non-canfot•ming use is discon-
tinued any future use of said prem-
ises shall be in conformity with the pre-
visions of this ordinance.
A non-conforming use shall not be
extended, except as authorized by the
Board of Adjustment, on appeal, Gut
the extension of use to any pot•tiop oY
a building that was arranged or de-
signed for such non-conforming use,
and existing at the time of the passage
of this ordinance, shall not be 'deemed
an extension of such use, for the pur-
poses of this ordinance,
For the purpose of this ordinance, a
use shall not be deemed to be changed
unless changed to a use not included
in the same classification as the exist-
ing use. A non-conforming use shall
not be changed except to a more re-
stricted use.
(h) Residential Uses of Buildings ~~n
Rear of Lot. No building designed for
residential purposes shall hereafter be
erected in or moved to the rear of any
existing building, nor shall any build-
ing designed for residential Purposes
hereafter be erected or altered unless
said building so designed shall front up-
on astreet provided, however, that the
foregoing shall not apply to living quar-
ters in stables and garages appurtenant
to the dwelling occupying the front of
the lot on which said stable or garage
is located or to the repair or alteration
of such existing dwellings erected prio
to the passage of this ordinance.
,- fc) Restoration of destroyed bufid
jogs. Nothing in this ordinance shat
prevent the restoration, within twely
months, of a building destroyed by fire
~ explosion, act of God, or act of thi
pu,~lic enemy to the extent of not m Sri
than fifty (50) per cent of its assess
ed value, or shall prevent the con
tinuance of the use of such building of
part thereof, except where it is a nuts~
once. Any building destroyed in tht
aforesaid manner to an extent exceed
ing fifty (50) per cent of its assessei
value at the time of such destructior
may be reconstructed and thereafter
used only in such manner as to con
farm to al] the provisions of this ordi•
nonce.
Nothing in this ordinance shall pre•
vent the strengthening or restoring It
a safe condition of any wall declared
e 6y the Building Commissioner.
~(d) Filling station or public garage
No part of any filling station or of any
-rQ! public garage shall be erected in a zone
PVtY•~,'}/"J in which such structures are permitted,
within two hundred (200) feet of any
,~ ~ ~ lot upon which is located a church, hos-
D pital, school, institution, theatre, or
pubfac assembly hall, nor shall such sta-
tion or garage, in any case, be located
3 ~ within fifty (50) feet of any boundary
of any Residence District.
lg~$ , (e) Open Porches. An open porch may
project into a required front yard a
distance of not mare than ten (10) feet.
An open porch may project into a r°-
quired aide yard, provided it does not
• come nearer to the side lot Line than
a distance equivalent to ten (i0) per
cent of the width of the lot and in r~o
case nearer than three (3) feet.
• (f) Extension of use beyond boundary
line. Where a boundary line behveen
districts divides a lot held in a single
ownership at the time of passage of this
ordinance, the Board of ~Adjuatment
may permit a use authorized on either
portion of the lot to extend to the entire
lot providing this extension does not ex-
ceed fifty (50) feet beyond the boun-
dary Itne.
(g) [n a Business District or Indus-
trial District signs and sign boards shall
be governed by the Building Cade of the
City of Dubuque, providing further that
billboards shall not be closer than
twenty (2U) feet to any picperty line
and shall not be over fifteen (15) feet
in height.
(h) In every room of a dwelling the
total ts-indow area shall be at least uric
eighth (t!s) of the floor area of such
room and shall open directly upon a
street, public alley, or other public open
space or upon a yard or court located on
the same lot in conformity with the re-
quirements of the Housing Law of the
State of Iowa.
Every building, room, or part there-
of erected or used for business or in-
dustry shall have natural or artificial
ventilation and light in conformity
with the Building Code oY the City of
Dubuque.
(i) No yard, court or open space re-
quired for a building shall be counted
as the open space for another building.
(j) Every part of a required yard or
court shall be open from its lowest level
to the sky Window sills, belt courses
and ornamental features may not pr~-
ject more than six (6) inches or cornic_s
and eaves more than eighteen (14)
inches into any required yard or court.
No new cornice shall project over the
street line more than one (1) foot,
(]c) Fire balconies, fire escapes or [ire
towers chimneys and flues, so arranged
as not to obstruct light and ventilation
may project into yards and courts far
such distances as required by the Build- i
ing Code of the City of Dubuque and
the Housing Law of the State of lows.
(l) In the case of a corner lot the
maximum height of a building may be
permitted on a side street fora dis-
tance of not exceeding one hundred and
twenty (120) feet from the intersection
of the two streets.
(m) On through lots one hundred and
twenty (120) feet or less in depth the
height of a building may be measured
from the curb level on either street. iln
through lots more than one hundred and
twenty. (120) feet in depth the height
regulations and basis of height measure-
ments for the street permitting the
greater height shall apply to a depth
of not more than one hundred and
twenty (120) feet from that street.
(n) Buildings on through lots, shall
conform to the front yard requirements
for each street. In the case of reversed
frontage, an accessory bunding shall
not extend beyond the setback line of
the rear street.
(o) Unoccupied towers, spires, domes
and monuments, structures for special
mechanical equipment and processes
pertaining to a business or industry,
elevator bulkheads, parapet walls not
exceeding four (4) feet, chimneys, and
similar structures may be erected, in
districts permitting the basic use, to
heights governed by ordinances or reg-
ulations of the City of Dubuque,
(p) Where the rear of a lot used fur
business or industrial purposes abuts
on a public alley, one-half (t/s) of the
width of such alley may be considered
as a portion of the lot for the purpose
of determining the depth of a rear yard.
(q) A dwelling may occupy an irregu-
lar shaped lot without complying with
rear yard requirements provided the
total yard space is equivalent to that
required by this ordinance, Soe Article
XVI 15-f)
(r) On a corner lot where front and
side yards are required, or provided uo
new wall shall be erected, no fence,
signboard or billboard shall be erected
or maintained and no hedge, arrange-
ment of plants and shrubbery shall be
planted or allowed to grow, to exceed a
height of three (3) feet above the curb
level on either street or in any other
manner such as to prevent clear visi-
bility of approaching traffic from one
street to another across the corner of
the lot, within a distance of twenty (20)
feet from the intersection of the street
lines.
(s) Fences on interior side or rear lot
lines shall not exceed five (5) feet in
height, This does not apply to industrial
plants. Barbed wire fences shall not
be permitted except at industrial plants
where the lowest strand is not less than
seven (7) feet above the curb level, rr
ground level in case of absence of curb.
(t) Private garages built into dwell_
logs shall conform to the front, aide,
and rear yard requirements for dwell-
ings. In any case a private garage of
ordinary masonry construction may be
built or completed across a common lot
line by mutual ttTitten agreement be-
tween adjoining property owners.
(u) On every lot or group of lots upon
which buildings are to be built the 'ot
lines shall be distinctly located by hav-
ing permanent corners set !hereon,
ARTICLE X. DEFINITIONS
Certain words and phrases used in
this ordinance are defined for the pur-
poses hereof as follows:
Words used in the present tense in-
clude the future; the singular number
includes the plural, and the plural the
singular; the word "lot" includes the
word "plot"; the word "building" ui-
cludes the word "structure"; the word
"occupied" includes the words "desigtr-
ed or intended to be occupied'; Che
word "used" includes the words "ar-
32 Special Session, January 29th, 1934
ranged, designed or intended to i,e
used."
Accessory Use. A subordinate use oP
cidental to the mainmusesof~ tine ptem-
iaes.
Administrative'Officer. Wherever the
term "administrative 'officQr" is, used
in this ordinance or in the law govern-
ing -this subject it 'shall be taken to
mean the Building Commissioner `of the
City of Dubtique.
Alley. A public alley is a dedicated,
platted,. and recorded '-passageway not
over thirty (30), feet in ryidth, between
rear br side fines of lots, commonly
used for service purposes to the rear
portions of lots.
Apartment House, A building designed
for or occupied by three or more fanti-
lies, livipg independeptly of each other,
(See Multiple Dwelling).
Area of Building. The area of the
horizintar cross-section at the ground
level including the exterior walls of a
building and/or to -the center of the
party or fire walls.
Basement. A "basement" is a story
partly 'underground but having at least
one-half of its height alcove the curb
level and also one-half of its height
above 'the highest level pf,the adjoin-
ing ground. A basement shall be count-
ed as a story.
Building, Height of. The perpendicular
distance measured in a straight line
from the curb level to the highest point
of the roof beam in the case of flat
roofs, and to the average of the height
of the roofs in the case of pitched roofs
(a pitched roof is designated, when roof
giees)~sthe measure a is intah(cases to
be taken through the center of the
front of the building. Where a building
is situated on a terrace alcove the curb
level such height shall be measured
from the level of the adjoining ground.
Where a building is on a 'corner !ot
and there fs more than one .grade or
level, the measurements shall be talten
from the mean elevation.
Cellar. A "cellar" is a story having
more than one-half of its height below
levelooftithevadjo'mingegound Atcellar
shall nut be counted as a story far pur-
poses of height measurement.
Curb Level. The curb level is the level
buildie~g mealsu ed attthetcentertoffsuch
front. Where no curb has been estab-
lished the City Engineer shag establish
such curb level or its equivalent far the.
purposes of this ordinance.
Dwelling. Any house, building, or por-
tion thereof designed for or occupied ay
one or more human beings as a resi-
dence. ,
Dwelling, Multiple. A building design-
ed for or occupied by three or more
families living independently of each
other.
Dwelling', Single Family. A detached
building designed for or occupied ex-
cluliively by one family.
Dwelling, Two i'amily. A detached or
semi-detached building designed for or
occupied exclusively by tw-o families.
Family. A family is any number of
individuals living together as a single
housekeeping unit and using certain
rooms and housekeeping facilities In
common.
Gasoline Service Station. A gasoline
service station is any establishment
supplying and selling motor fuel and
oil direct to motor vehicles from a pump
or pumps located outside a building
and on private pt•operty, which pumps
withinnten (10)e feed bf anynsfreet line,
unless housed in an enclosed garage.
Garage, Private. A private garage 1
a building or portion thetAOf used for
the storage of motor vehicles only. 'in
which no business, service or industry
connected with such velicles .is carried '
on, and which is not, designed to con- !
taro more than four (9) motor vehicles, ~
Garage, Public. A public garage Is
building or portion thereof where, motor )
vehicles are stared, repaired orseryiced
for compensation or kept for hire or ~,
sale.
Garage, Storage. A storage garage , is ¢~p
a building or ,portion thereof which is 0~` 1
used for the storage of motor vehicles
only and where no repair facilities 'a •e
ttlaintalned. '
Hotel. A building occupied as a mare
or less temporary abiding place of in-
dividuals who are lodged with or tvtth-
out meals, and in which thers are mine
than twenty-five (25) sleeping rooms
usually occupied singly.
Lot. A lot is a distinct parcel of land,
the location, dimensions and boundaries
of which are determined by tlie'latest
official record or survey.
Lot, Corner. A corner lot is a lot or
that portion of a lot not exceeding sixty
(60) feet in width and one hundred (1!JO)
feet,ln depth at the junctipn of and
fronting an two or more intersecting
streets. Any width to excess of ,sixty
(60) feet or any depth in excess oY one
hundred (100) feet shall be treated as
an interior lot.
Lot, Depth of. The depth of 'a lot is
the mean distance between its tiiean
front street line and its mean rear line.
The greater frontage of a ,corner lot
is its depth and its lesser frontage is
its width
Lot, Interior An interior lot is any lot
other than a,corner lot.
Lot, Through. A through lot is a
corner or interior lot having frontage
on two streets running parallel or '
nearly so.
Lot, Width of. The width of a lot is
its • mean width measured at right
angles to its mean depth. ,
Motor Vehicle, Commercial. A com-
mercial motor vehicle is one used as a
means of transportation of persons or
things far profit, either as a business nr
as an accessory to a business.
Non-conforming Use. Anon-conform-
ing use is one that does not comply
with the regulations of this ordinance
for the district in which it is located.
Personal Service Establishment. Any
establishment rendering direct service
to an individual such as barber, beauty,
clothes pressing and repairing shops.
Porch. Closed. If permanent enclosing
features, including fixed sash with
glass, extend from the floor to the ceil-
ing and are used or intended to be used
for living quarters then the structure
is a closed parch and the walls thereof
shall be considered as part of the out-
side walls of the building.
Porch, Open. An open porch is a roof-
ed piazza, parch or ports cochere with-
out any permanent enclosing features
aggregating more titan forty-eight (48)
inches of the vertical apace between
finor and ceiling, excepting the neces-
sary columns supporting the roof. Re-
movable or hinged sash containing
screen or clear glass is permitted for
temporary or seasonable use.
Story. That part of any building com-
prised between any floor and the floor
or roof next above. [n case any floor or
the combined area of floors at any one
level occupies less than 20 per cent oP
the horizontal area included within the
outside walls at that level, the same
shall not be considered as a floor fur
the purpose of determining story
heights,
Hal[ Story. A story under a gable, hip,
or gambrel roof, the wall plates oP
which on at least two (2) apposite ex-
s tenor rvalls are not more than four (4)
feet above the finished floor of 'such
Special Session, January 29th, 1934 33
story.
Street. Public street is a dedicated,
platted and recorded passageway thirty
(30) feet or over in width commonly
used for public travel.
Street or Alley, Width of. The width
of a street or alley is the horizontal
distance measured at right angles be-
tween street or alley lines.
Street or Alley Line. A street or al-
loy line is the dividing line between
a street or alley and a .lot.
Yard, Front. A front yard is an
open unoccupied space within and ex-
tending the full width of the lot between
the street line and the front walls oP
the building setting back Pram and
nearest such street line.
Yard, Rear. A rear yard is an open
unoccupied space, excepting the area
occupied by permitted accessory uses,
within and extending the full width of
the lot between the rear walls of the
building and the rear lot line,
Yard, Side. A side yard is an open un-
occupied space within the lot between a
side lot line and the walls of the build-
ing nearest thereto and extending from
the front yard to the rear yard.
ARTICLE XI, ENFORCEMENT
Section 1. Building Commissioner.
This ordinance shall be enforced by the
Building Commissioner of the Clty of
Du' u~rue
Sectton 2, Appeal. Appeal from the
decision of the Building Commissioner
may be made to the Board of Adjust-
ment, See Article XVI, sect[on 4.
ARTICLE XII. CERTIFICATE FOR
OCCUPANCY
Section 1. Occupancy of Land or
Buildings
No vacant land shall be occupied ar
used, except for cultivation, and no
buildings hereafter erected, or altered,
shall be occupied or used until a certifi-
cate for occupancy shall have been is-
sued by the Building Commissioner as
hereinafter provided.
Section 2. Certificate for Occupancy
of Land
(a) A certificate for occupancy for
the use of vacant land, or change in
the use of land as herein provided, shall
be applied for before any such land snail
be occupied or used, and a certificate
for occupancy shall be issued within
ten days after the application has been
made therefor. provided such use is in
conformity with the provisions of these
regulations.
Section 3. Certificate far Occupancy
of a Building
(a) Certificate for occupancy oY a new
building or the alteration of an exist-"
ing huilding shall he applied for coin-
cident with the application Yor a build-
ing permit and said certificate shall he
issued within three days after the re-
quest far same shall have 'been made
in writing to the Building Commission-
er after the erection or alteration of
such or part thereof shall have been
completed in conformity with the pro-
visions of these regulations. Pending
the issuance of a regular certificate a
temporary certificate for occupancy
may be issued for a period not exceed-
ing six months during the completion of
th@ alterations or during partial occu-
pancy of a building pending its comple-
tion. Such temporary certificate shall
not be construed as in any way alter-
ing the respective rights, duties or ob-
ligations of the owners or of the city
relating to the use or occupancy. of the
premises or any other matter covered
by this ordinance, and such temporary
certificate shall not be issued except
under such restrictions and provisions
as will adequately insure the safety of
the occupapts.
(b) No permit for excavation for any
building shall be issued before applica-
tion has been made for certificate for
occupancy.
Section 4. Contents of Certificate
Certificate far occupancy shall state
that the building or proposed use of a
building or ]and, complies with all the
building and health lags and ordinances
and with the provisions of these regu-
atlona. A record of all certiflcatea
shall be ltept on file in the office of the
Building Commissioner and copies shall
be furnished, on request, to any person
having a proprietary or tenancy Inter-
est in the building affected. No fee shall
be charged for an original certificate
applied for coincident with the applica-
tion for a building permit; for all other
certificates or for copies of any orfgi.
nal certificate there shall be a charge
of One (1) Dollar each.
Section 5. The issuance or granting of
a permit shall not be deemed or con-
strued to be a permit for, or an approv-
al of any violation of any of the pro-
visions of this ordinance. No permit
presuming to give authority to ululate
or cancel the provisions of this ordi-
nance shall be-valid, except insofar as
the work or use which it authorizes ls.
lawful.
ARTICLE XIII. PLATS
Section 1. Subdivision of Plats
Al] applicat(ons for building permits
shall be accompanied by a plat in du-
plicate drawn to scale, showing the
actual dimensions of the lot to be built
upon, the size of the building to be
erected, and such other information as
may be necessary Por the enforcemettt
of these regulations. A careful record
of such applications and plats shall be
kept in the office of the Building Com-
missioner,
ARTICLE XIV, INTERPRETATION
Sectton 1. Purpose
In interpreting and applying the pro-
visions of this ordinance, they shall be,
held to be the minimum requirements
for the promotion of the public safety,
health, convenience, comfort, prosperity,
and general welfare. [t is not intended
by this ordinance to interfere with, ab-
rogate or annul any easements, cove-
nants, or other agreements between
parties; however, where this ordinance
imposes other and/or greater restriction
upon the use of buildings or premises
than are imposed or required by other
ordinances, rules, regulations or per-
mits, br by easements, covenants or
agreements, the provisions of this ordi-
nance shat] govern.
ARTICLE XV. AMENDMENTS
AND CHANGES
Section 7, procedure
The boundaries of districts as now es-
tablished and the regulations hereof
may be amended, supplemented or
changed by the City Council from time
to time, either upon its own motion or
upon a petition as herein provided far,
or upon the recommendation of the
Planning and Zoning Commission. P:~o-
vided, however, that no ouch amend.
ment, supplement or change snail be
adapted until and after a notice there
of is duly published and a public hear-
ing had thereon as provided by law.
R'hen a proposed amendment, supple-
ment or change does not originate with
the Planning and Zoning Commission
the same shall ire submitted to said
Commission for its recommendation
thereon before further action is tak-
en by the Clty Council; provided, how-
ever, that this requirement shall not
zn SL,Pr•ial Session. Tanuary 29th, 1934
act as a stay upon the proposed action
by the Counci] where said'Commisstun
fails to ftle its recomtnendation within
thirty days after receiving written ue-
tice requesting the "same.
Section 2. Petition for Change in
Regulations. Council Action
Whenever the owners of fifty per cent
or more of the area of all real estate in
any district or part thereof petition the
Council for an amendment, supplement
or change in the regulations prescribed
far such district or part thereof, the
Council shall forthwith refer such pe-
tition or a copy thereof to the Plan-
ning and Zoning Commission with a
request far its recotnmendation there-
on. Final action shall be taken upon
such petition by the Council within
ninety days after the same has been
filed with the City Clerk. The petitton
must clearly state the modification re-
quested, together with the reasons,
therefor.
Section 3. Protest Against Changes In
Regulations and Boundaries,
Vote of Council
In case the proposed amendment, sup-
plement or change in the regulations
and/or boundaries of a district or part'
thereof be disapproved by the Planning
and Zoning Commission, or should a
protest against such amendment, sup-
plement or change be filed with she
City Clerk on or before the date set for
the public hearing, signed ~by the own-
ers of twenty per cent or more either of
the area of the lots included in such
proposed change or of those immediate-
ly ad.larent in the rear thereof extend-
ing the depth of one (1) lot or not to ex-
ceed hao hundred (200) feet therefrom
or of those directly opposite thereto, ex-
tendinK a depth of one (1) lot or not to
exceed tmo hundred (200) feet from the
street frontage of such opposite lots,
such amendment shall not be adopted
unless three-fom~ths of all of the mern-
bera of the Council vote in favor there-
of.
ARTICLE XVI, BOARD OF
ADJUSTMENT
Section 1. Establishment
A Board of Adjustment is hereby us•
tablished The word "Board" when used
in this article shall be construed to
mean the Board of Adjustment.
Section 2. Membership
The Doard shall consist of five (5)
members to be appointed by the _City
Council, each to be appointed for a term
of five years excepting that when the
Board shall first be created one metn-
er shall be appointed for a term of five
years; one for a term of four years; one
Por a term of three years; one for a
term of two years; and one for a term
of one year.
Section 3. Meetings and Rules of The
Board
The Board shall adopt rules govern-
ing the procedure to be followed and
the meetings of such board shall be
conducted in the manner provided by
law and in accordance with such rules.
ers who are aggrieved by the action of
the City Council in the adoption of the
regulations and restrictions of this or-,
dinance and may modify such regula-
tions and restrictions as apply to surh
property owners.
(b) To correct errors in any order,
requirement, decision and determination
made by the Building Commissioner in
the enforcement of this ordinance.
(c) To permit a temporary structure
for commerce or industry in a residence
district which is incidental to the resi-
dential development, such permit to be
issued for a period of not more than one
(1) year.
(d) Where a boundary line between.
districts divides a lot held in a single
ownership as shown on 'record or by es-
isting contract of purchase at the time
of the passage of this ordinance, permit
the extension of the use, height and
area regulations authorized on either
portion of the lot to the entire lot pro-
viding this extension does riot exceed
fifty (50) feet beyond the boundary lice,
(e) To permit the erection and use
of a building or the use of a preMises in
any location for a public service corp~r-
ation for public utility purposes which
the Board determines reasonably neces-
sary fm• the public convenience or w:;]-
1'are.
(f) To vary the application of the
front, side and rear yard regulallous
and the regulations governing the lo-
Catiou of accessory buildings and p!'i-
vate garages without violation of the
[own State Housing Law in specific
cases where this ordinance would Im-
pose practical difficulties or unneces-
sary hardships.
(g) To interpret the provisions of this
ordinance in such a way as to Carry out
the intent and purpose of the zone plan
filing the several districts and made a
layout[ actually I onncthe hgrounde varies
from the street layout as shown on the
plan;
(h) To authorize such variance from
the terms of the ordinance as will *iot
he contrary to the public interest,
where owing to special conditions a 11t-
eral enforcement of the provisions of
the ordinance will result in unneces-
sary hardship, and so that the spirit of
the ordinance shall be observed and
substantial justice done. ~~
(i) To adopt from time to time such
rules and regulations as may be deem-
ed necessary to carry into effect the
provisions of this ordinance.
(j) To permit in any District where a
private garage cannot be built in cuni-
pliattce with the regulations set forth
in this ordinance, then it may be built
into the ground at the front of the lot,
The garage sliall be of fire proof con-
struction and the doors or windows
shall nut open over the public property
and shall not project above the averaKe
leve] of the adjacent ground and shall
have a capacity of not more than two
(2) motor vehicles.
Section 6. Review
Any action oP the Board of Adjust-
ment may be reviewed in the manner
provided by law.
Section 4. Appeal
Appeal to the Board of Adjustment
shall be talten in the manner provided
by law and the rules of said Board.
Section 5. Powers
In appropriate cases the Board oP
Adjustment shall have the power, either
upon their own motion, upon appeal et
upon petition of aggrieved property
owners:
(a) To hear and decide upon petitions
directly filed with it by property own-
ARTICLE XVII. VIOLATION AND
PENALTY
Any person, firm or corporation who
violates, disobeys, omits, neKlects <rc
refuses to comply with any of the' pro-
visions of this ordinance shall be fined
in a sum not to exceed One Hundred
($100) Dollars for each offense, or tnay
be imprisoned for a term' not ex-
ceeding thirty days. Each day that a
violation is permitted to exist 6ey'ond
the expiration of the time designated in
a written notice given by the Bulld-
Special Session; January 29th, 1934 35
ing Commissioner shall constitute a
separate .offense.
ARTICLE XVIII, VALIDITY
Should any section, clause or provision
of this ordinance be declared by a cuert
of record to he invalid, the same shall
nut affect the validity of the ordinance
as a whole or any part thereof, other
than the part so declared to be invalid.
ARTICLE XIX. CONFLICTION
All ordinances pertaihing to focal re-
sh•icted residential districts and all
other part or parts of ordinances in
conflict with this Ordinance are hereby
repealed.
ARTICLE XX. EFFECTIVE DATE
This mrdinance shall be in t`orce and
effect ten p0) days from and after Its
fipal passage, adoption and publications
as provided by law.
Passed upon first readinK this 22nd
day of January, 1931.
Passed upou second reading this
22nd day of January, 1934,
Passed, adopted and approved uppn
final reading this 29th day of January,
]9J9,
t-._-.- M H. KANF.,
Mayor
EU. Mr.hNOY,
PETELj~ SUHILT'L,
ARDh]NAI. 1'HUMPSON,
~ Councilmen
Attest: J. J. SHEA,
Ci(y L`lerk.
Published officially iu the Telegraph~
Herald and Times-Journal newspaper
h'ebruary 13th, 193.1. '
J. J. SHEA,
~~~3-lt. City Clerk.
Councilman McEvoy moved the
adoption-of the ordinance. Second-
ed by Councilman Schiltz. Carried
by the following vote:
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz and Thompson.
Nays-None.
Absent-Councilman Andelfinger.
Petition of Anna A. Sutton and
Margaret Fogarty, requesting that
the alley abutting their property be-
tween Wooten and McLean Aven-
ues be graded and made service-
able, presented and read.
Councilman McEvoy moved that
the prayer of the petition be granted.
Seconded by Councilman Thompson,
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
McEvoy, Schiltz and Thompson.
Nays-None.
Absent-Councilman Andelfinger.
Communication of James T. Lee,
Agent for Columbia Casualty Com-
pany, requesting the release of the
sign bond of Berg-Arduser & Com-
pany, presented and read.
Councilman Thompson moved to
refer the communication to the City
Manager for investigation. Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz and Thompson.
Nays-Novo.
Absent-Councilman Andelfinger,
Communication of United States
Fidelity and Guaranty Company, re-
questing the cancellation of the sign
bond of Fitzgerald Cigar Company,
presented and read,
Councilman Thompson moved to
refer the communication to the City
Manager for investigation. Second•
ed by Councilman McEvoy. Carried
by the fallowing vote:
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz and Thompson.
Nays-None.
Absent-Councilman Andelfinger,
Petition of Mrs. Mary Haun, re-
ferred to the City Council by the
Board of Supervisors, requesting
the suspension of the 1932 taxes on
Lot 38 of Oak Grove Addition, pre-
sented and read.
Councilman Thompson moved to
refer the petitiol to the City So•
licitor for investigation and report.
Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz and Thompson.
Nays-None.
Absent-Councilman Andelfinger.
Petition of Patrick Hall, referred
to the City Council by the Board of
Supervism•s, requesting the suspen-
sion of the 1932 taxes on Lot 6 of
Klingenberg's Sub„ presented and
read.
Councilman Thompson moved to
refer the petition to the City So•
licitor for investigation and report.
Seconded by Councilman Schiltz:
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz and Thompson.
Nays-None,
Absent-Councilman Andelfinger.
Petition of Edith Lawaen, referred
to the City Council by the Board of
Supervisors; requesting the canceh
lotion of the 1933 and 1934 taxes on
Lot 2 of 1 of 30 and 31 of Morheis-
er's Addition and the West 30 feet
of Lot 2 of 30 and 31 of Morheiser's
Addition, presented and read.
Councilman Thompson moved to
refer the petition to the City Solic•
itor far investigation and report, Sec-
onded by Councilman Schiltz. Car•
ried by the following vote;
Yeas-Mayor Kane, Councilmen
11icEvoy, Schiltz and Thompson.
Nays-None.
Absent-Councilman Andelfinger,
Notice of claim of Anton. Zaug in
the amount of $500.00 for personal
injuries received by reason of falling
on an accumulation of ice on the
sidewalk opposite the alley between
Alta Vista Street and Center Place
on Julien Avenue, presented and
read,
Councilman McEvoy moved to re-
fer the Notice of Claim to the City
Solicitor. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
36 Special Session, January 29th, 1934 Special Session, January 29th, 1934 37
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz and Thompson.
Nays-None.
Absent-Councilman Andelfinger.
Report of the Board of Health Yor
the month of December, 1933, pre•
sented.
Councilman McEvoy moved that
the report of the Board of Health
be received and place6 on file, Seo-
anded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz and Thompson.
Nays-None.
Absent-Councilman Andelfinger.
Communication of Harold L. Ickes,
Administrator, Federal Emergency
Administration of Public Works,
relative to either the execution or
the cancellation of the Grant Agree=
went fora 30% Federal Grant for
the improving of Atlantic Street,
presented and read.
Councilman McEvoy moved that
the communication be made a mat•
ter of record. Seconded by Cauncil•
man Thompson. Carried by the fol•
lowing vote:
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz and Thompson.
Nays-None.
Absent-Councilman Andelfinger.
Resolution No. 10-34:
CITY COUNCIL OF CITY OF
DUBUQUE, IOWA,
Whereas, in connection with the
proposed paving of Atlantic Street
from West 14th Street nortlnvardly
to Dexter Street, a request by the
City Council of Dubuque to the Fed•
eral Government fora 30%o grant
was made; and
Whereas, by letter of October 4,
1933, signed by,P. B. Fleming, Exec•
utive Officer, for the Deputy Admin•
istrator of the Federal Emergency
Administration, the requested 30%
grant was authorized by the desig-
nation of Docket No. 837 for the
amount of $1,200.00; and
Whereas, it is now known that
serious objections exist from the At~
lantic Street property owners due to
necessary assessment of 70% of the
paving costs: Now, Therefore,
Be It Resolved by the City Coun•
cil of the City of Dubuque, Iowa;
that the request for 30% grant from
the Federal Emergency Administra•
tion for the Paving of Atlantic
Street, Docket No. 837, in the sum
of $1,200.00 be withdrawn and that
the Federal Emergency Administra
tion be requested to rescind saic
grant.
Be It Further Resolved that the
City Clerk of Dubuque be instructe~
and be authorized to return to thr
Federal Emergency Adminfstratio~
the five (5) unsigned and unexec-.
uted copies of the contract for said
30% grant for the Atlantic Street
paving.
Passed, adopted and approved this
29th day of January, 1934.
M. R. KANE,
Mayor.
ED. McEVOY, •
ARDENAL THOMPSON,
PETER SCHILTZ,
Councilmen. .
Attest: J. J. SHEA,
City Clerk,
Councilman Thompson moved the
adoption of the resolution, Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
McEvoy, Schiltz, Thompson.
Nays-None.
Absent-Councilman Andelfinger.
Communication of R. W. Craw-
ford, Executive Assistant for the
Administrator of Federal Emergency
Administration of Public Works,
relative to the status of projects 841
and 837 for the paving of Atlantic
Street and construction of storm
sewers in Main Street, South Main
Street and West Eighth Street, pre•
sented and read.
Councilman McEvoy moved to re-
ceive and file the communication.
Seconded by Councilman Thompson
Carried by the following vote:
Yeas - IVlayor I{one, Councilmen
McEvoy, Schiltz, Thompson.
Nays-None.
Absent-Councilman Andelfinger.
January 25, 1934
To The Honorable Mayor and City
Council,
Dubuque, Iowa,
Gontlemen:
In connection with the letter from
the writer to the City Council read
at the meeting held January 22nd
in regard to the settlement of one
column and pier at the 9th Street
Engine House, please be advised that
yesterday bids were received on re•
pairs to said settlement. On January
19th a brief specification was sent
to the following contractors: R. F,
Conlon, H, Mueller, N. F, Schueller
& Son, Ulrich Willy, W. L. Yokom
and Anton Zwack. Attached is a copy
of said specifications.
Yesterday at 3 o'clock the follow-
ing bids were received:
N. F. Schueller & Son ................ $227,00
Anton Zwac]c ............................................. 248.00
Ulrich Willy ................................................ 375.00
No bids were received from
Messrs. Conlon; Mueller and Yokom.
Inasmuch as the present non-use
of the Armory floor interferes with
the Governor's Greys and also wiiter
basketball practice, it is the writer's
suggestion that tho low bid be as
cepted and the work started as quick-
ly as passible.
Yours very truly,
R. M, EVANS,
City Manager
Councilman McEvoy moved that
the recommendation of City Manager
Evans be approved. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
McEvoy, Schiltz, Thompson.
Nays-None.
Absent-Councilman Andelfinger,
Resolution No, 11.34
A resolution approving applica.
tions for the sale of beer and author-
izing the issuance of permit,
Whereas, the City Council of the
City of Dubuque has examined the
applications which have been filed
for permits for the sale of beer with-
in the City of Dubuque and has ap•
proved such applications as apply to
the persons herein named at the 1o-
cations described herein: Now,
Therefore,
Be It Resolved by said Council
that permits for the sale of beer
within the City of Dubuque be and
the same are hereby authorized and
ordered issued, as follows:
Class "B" Permits
George Schlosser 234 W, 7th Street.
Homer Buckley 1147 Central Avenue.
Be It Further Resolved that the
bonds be filed with these applica.
tions be approved.
Passed, adopted and approved this
29th day of January, 1934.
M, R. KANE
Mayor
ED. McEVOY
ARDENAL THOMPSON
PETER SCHILTZ
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman McEvoy moved that
the resolution be adopted upon the
approval of the Building Commis•
sinner and Health Department, Sec•
onded by ,Councilman Schiltz. Car
ried by the following vote;
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz, Thompson.
Nays-None,
Absent-Councilman Andelfinger.
Councilman Thompson moved to
suspend the rules for the pupose of
allowing any one present in the
Council Chamber, who wishes to do
so, to address the Council, Seconded
by Councilman Schiltz. Carried by
the following vote:
Yeas-Mayor Kane Councilmen
McEvoy, Schiltz, Thompson.
Nays-None,
Absent-Councilman Andelfinger.
Mr. Richard McKay, Secretary of
the Planning and Zoning Commie•
ion, addressed the Council express-
ing the appreciation of the Planning
and Zoning Commission to the City
Council for final passage of the Zon•
ing Ordinance,
There being no other further buai•
ness Councilman Thompson moved
to adjourn. Seconded by Councilman
McEvoy. Carried by the following
vote:
Yeas-Mayor Kane, Councilmen
McEvoy, Schiltz, Thompson.
Nays-None.
Absent-Councilman Andelfinger,
J. J. SHEA
City Clerk
Approved ...................................,,,,....... 1934
Adopted
1934
Councilmen
Attest:
City Clerk.