1949 September Council Proceedings494 Adjourned Regular Session, September 6th, Ig49
City Council
(OFFICIAL.)
Adjourned Regular Session, Sep•
tember 6th, 1949,
Council met at 7:30 p. m.
Present -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu, City Manager Rhomberg.
Absent -Councilman Russo.
Mayor Wharton stated that this
is an Adjourned Meeting of the
Regular Meeting of September 5th,
1949 for the purpose oY acting upon
such business as may properly
come before a Regular Meeting of
the City Council.
Notice of Claim of E. E. Hantel-
mann in the amount of $28.60 for
damages to his car caused in strik•
ing a sunken sewer fill on Laurel
Street, presented and read. Coun-
cilman Van Duelman moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Welu. Carried by the following
vote:
Yeas -Mayor Wharton, Coun•
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Communication of the Iowa Sew-
age Works Association submitting
program far the Annual Meeting to
be hold in Des Moines, Iowa, on
September 20, 21 and 22, 1949, pre-
sented and read. Councilman Welu
moved that the communication .be
received and filed. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas - Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Petition of Audrey J. Feller re-
questing arefund in the amount of
$75.00 on the unexpired portion oY
his cigarette permit No. 46 as he
has discontinued business on Au-
gust 29, 1949, presented and read.
Councilman Thompson moved that
the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $75.00
in favor of Audrey J. Feller to
cover the amount of refund granted
on the unexpired portion of his
cigarette permit No. 46. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Petition of the Luxemberg Club
of Dubuque, by Florence Miller,
Manager, requesting a refund in
the amount of $75.00 on the un•
expired portion of cigarette permit
No. 252 as the club has discontinu•
ed business, presented and read.
Councilman Van Duelman moved
that the request be granted and
the City Auditor instructed to
draw a warrant in the amount of
$75.00 in favor of Luxemberg Club
of Dubuque to cover the amount
of refund granted on the unexpired
portion of cigarette permit No. 252.
Seconded by Councilman Welu. Car
ried by the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Petition of Mrs. Florence Helmer
requesting a refund in the amount
of $75.00 on the unexpired portion
of her cigarette permit No. 149 as
she has discontinued business on
August 30, 1949, presented and
read. Councilman Welu moved that
~, the request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $75.00 in
favor of Mrs. Florence Helmer to
cover the amount of refund granted
on the unexpired portion of her
cigarette permit No. 149. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
W elu.
Nays -None.
Absent -Councilman Russo.
Petition of Arthur Lock and oth•
ers, owners and tenants, living on
and adjacent to West 32nd Street,
requesting the repairing and oiling
of said street, presented and read.
Councilman Thompson moved that
Adjourned Regular Session, September 6th, 1949 495
the petition .be received and filed.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Petition of Max Blum requesting
permission to extend the sanitary
sewer facilities to serve lots num-
bered 2 to 9 inclusive of Beutin's
Subdivision, the sewer to be ex-
tended from Eagle Street in and
along Lindberg Terrace, presented
and read. Councilman Thompson
moved that the request be granted
and the proper proceedings ordered
prepared. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas - Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Petition of Frank Hardie request-
ing consideration and approval for
the erection of a sign and canopy
at Karigan's Restaurant, 401 Cen-
tral Avenue, presented and read.
Couucilman Welu moved that the
petition be received and filed. Sec-
onded by Councilman Van Duel-
man. Carried .by the following
vote:
Yeas - Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
September 6, 1949
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Herewith submitted is an appli-
cation for permission to construct
a canopy over the entrance to
Karrigan's Cafe, 401 Central Ave-
nue. This canopy will be construct-
ed and installed by the Frank
Hardie Advertising Inc., and will
appear as shown by the attached
drawing. This is similar to several
canopies of a like nature, and con-
forms to the requirements of the
building code.
Approval of the City Council is
necessary because it extends over
the public sidewalk and I recom-
mend granting of the request.
Respectfully,
Uonald J. Bandy
Building Commissioner.
Councilman Thompson moved
that the recommendation oY Build-
ing Commissioner Bandy be approv
ed and the proper proceedings or-
dered prepared. Seconded by Coun-
cilman Van Duelman. Carried .by
the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
ORDINANCE N0. 319
An Ordinance amending and
changing the Zoning Map oY the
City of Dubuque as provided by
Ordinance No. 3-34, designated
"Zoning Ordinance of the City of
Dubuque" so as to change the area
bounded by Seminary, Ambrose,
Rosedale and Avoca Streets from
"Single Family Residence Classifi-
cation" to "Multiple Residence
Classification," said ordinance hav-
ing been passed upon first reading
on August 29th, 1949 and ordered
placed on file with the City Clerk
for public inspection for at least
one week before its final adoption,
was presented for final adoption.
ORDINANCE N0. 31.49
An Ordinance amending and chang-
ing the Zoning Map of the City oY
Dubuque as Provided by Ordinance
No. 3-34, designated "Zoning Ordin-
ance of the City oY Dubuque" so as
to change the area bounded by Sem-
inary, Ambrose Rosedale and Avoca
Streets from "Single Family Resi-
dence Classification" to `Multiple
Residence Classification."
Whereas, it is deemed advisable by
the City Council oY the City of Du-
buque to amend the Zoning Ordin-
ance and change the Zoning Map of
the City of Dubuque so as to change
the area bounded by Seminary, Am-
brose, Rosedale and Avoca Streets
from "Single Family Residence
Classificatiai" to "Multiple Residence
^tassification," as recommended by
th; Dubuque Planning and Zoning
Commission.
And, Whereas, Notice of such pro-
posed change has been published as
provided by law and an opportunity
afforded to any and all interested
parties and citizens to object thereto
at a public meeting held at 7:30
o'clock p.m. on the 29th day oY Aug-
ust, 1949, in the City Council Chamber
in the City Hall in the City of
Dubuque, Iowa,
And, Whereas, no objections have
been filed or made to the proposed
change.
4cl( Adjourned Regular Session, September 6th, 194y
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE:
Sec. 1. That the Zoning Map and
Zoning Ordinance of the City of Du-
buque be, and the same is hereby
amended and changed as follows:
By changing from "Single Family
Residence Classification" to "Multiple
Residence Classification" the follow-
ing described property:
The area bounded by Seminary,
Ambrose, Rosedale and Avoca
Streets."
Sec. 2. This Ordinance shall be in
force and effect ten (10) days from
and after its final passage adoption
and publication as by law provided.
Passed upon first reading this 29th
daY of August, 1999.
Passed, adopted and approved upon
final reading this 6th day oP Septem-
ber, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
CLARENCE P. WELU
Councilmen
Attest: J. J. Shea, City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 9th day
of September, 1949.
J. J. Shea.
City Clerk.
lt. Sept. 9
Councilman Van Duelman moved
the adoption of the ordinance. Sea
onded by Councilman We]u. Car•
reed by the following vote:
Yeas -Mayor Wharton, Coun-
oilmen Thompson, Van Duelman,
Welu.
Nays -Nona.
Absent -Councilman Russo.
ORDINANCE N0. 32-49
An Ordinance amending Ordin-
ance No. 159 entitled "An Ordi-
nonce Establishing a Single Ward
for the City of Dubuque and Divid-
ing the Same into Election Pre-
cincts, Establishing such Precincts
and Defining the Boundaries There•
of" by adding additional territory
to the Fourteenth Precinct, said
ordinance having been passed upon
first reading on August 29th, 1949
and ordered placed on file with the
City Clerk for public inspection for
at least one week before its final
adoption, was presented for final
adoption,
~ ,.
ORDINANCE N0. 32.49 A '
An Ordinance amending Ordinance
No. 159 entitled "An Ordinance Es•
tablishing a Single Ward for the City
of Dubuque and Dividing the Same
into Election Precincts, Establishin@
such Precincts and Defining thf
boundaries Thereof' by adding add~-
tional territory to the Fourteentt
Precinct.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU•
BUQUE:
Sec. 1. That Ordinance No. 169
"An Ordinance Establishing a Single
Ward for the Clty of Dubuque ani
Dividing the Same into Election Pre
~incts, Establishing such Precincts
end Defining the Boundaries There-
if", "FOURTEENTH PRECINCT" be
tmended by striking from the des-
;ription of the said Fourteenth Pre-
;inct the following:
"thence easterly along the north-
erly limits oY the city and Davis
street to the easterly boundary
of Linwood Cemetery, thence
southerly along the westerly aide
of Linwood Cemetery to Thomas
Street,"
rod inserting in lieu thereof the fol-
lowing:
"thence easterly along the north-
erly limits of the city and Davis
Street to the south ~a unrner of
section 12, T89N, R2E of 5th P.M.;
thence north a distance of 2,659
fee[ to the center of section 12;
thence east a distance of 1,983.9
feet to the northeast corner of lot
1 of 1 of Bethany Addition; thence
south a distance of 729 feet to the
northwest corner oY lot 2 of lot 1
of the N. E. ~ of the S. E. y4 of
section 12; thence east a distance
of 664.75 Peet to the northeast
corner of lot 2 of lot 1 of the N.E.
ll4 of the S.E. 1~4 of section 12;
thence south a distance of 1;775.6
feet to the corner of sections 7
12, 13 and 18 at the easterly
boundary of Linwood Cemetery;
thence southerly along the easter-
ly side of Linwood Cemetery to
Thomas Street,"
Sec. 2 This Ordinance shall be in
farce and effect ten (10) days from
and after its final passage, adoption
and publication as provided by law.
Passed upon first reading this 29th
day of August 1949.
Passed, adopted and approved upon
final reading this 6th day oY Septem-
ber, 1943.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
CLARENCE P. WELU
Councilmen
Attest: 7. J. Shea, City Clerk,
Published officially in The Tele-
graph-Herald newspaper this 9th day
of September, 1949.
J. J. Shea.
City Cleric
Councilman Welu moved the a-
doption of the ordinance. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
ORDINANCE N0. 33-49
Traffic Code of the City of Du-
buque, said ordinance having been
passed upon first reading on Au-
gust 29th, 1949 and ordered placed
an file with the City Clerk for
public inspection far at least one
week before its final adoption, was
presented for final adoption.
ORDINANCE N0. 33.49.
TRAFFIC CODE OF THE CITY OF
DUBUQUE
An ordinance regulating the use of
vehicles upon the streets of the City
of Dubuque; designating the provi-
Adjourned Regular Session, September 6th, Iy49 4'37
sions hereof as the "Traffic Code" of
said city; repealing al] ordinances or
parte of ordinances to conflict here-
with; and providing a penalty for
violation thereof.
Be it ordained by the City Council
of the City of Dubuque:
0.1 Thtat the "Traffic Cade" of the
City of Dubuque as enacted by Or-
dinance No. 10-37, ana all amend-
ments thereto, be, and the same are
hereby repealed.
0.2 For identification and conven-
ience, this Ordinance shall be known
as "The Traffic Code" and all prose-
cutions hereunder may be thus re-
ferred to.
Definitions
The following words and phrases
when used in this Ordinance shall,
for the purpose of this ordinance,
have the meanings respectively as-
cribed to them.
1.1 "Vehicle" means every device
in, upon, or by which any person or
property is or may be trans-
ported or drawn upon a highway,
excepting devices moved by humzn
power or used exclusively upon sta-
. tionary rails or tracks,
1.2 "Motor Vehicle" means every
vehicle which is self-propelled but not
including vehicles known as trackless
trolleys which are propelled by elec-
tric power obtained from overheu?
trolley wires but not operated upon
rails. The terms "car" or "automo-
bile' shall be synonymous with the
term "motor vehicle"
1.3 "Motorcycle" means every motor
vehicle having a saddle or seat for
the use of the rider and designed to
travel on not mare than three wheels
in contact with the ground including
a motor scooter and a bicycle with
motor attached but excluding a trac-
tor.
1.4 "Motor truck" means every
motor vehicle designed primarily for
carrying livestock, merchandise,
freight of any kind, or over seven
persons as passengers.
1.5 "Truck tractor" means every
motor vehicle designed and used pri-
marily for drawing other vehicles
and not so constructed as to carry a
load other than a part of the weight
of the vehicle and load so drawn.
1.6 "Trailer" means every vehicle
without motive power designed for
carrying persons or property and for
being drawn by a motor vehicle and
so constructed that no part of its
weight rests upon the towing vehicle.
1.7 "Semitrailer" means every ve-
hicle without motive power designed
for carrying persons or property and
for being drawn by a motor vehicle
and so constructed that some part of
its weight and that of its load rests
upon or is carried by another vehicle.
1.8 "Pneumatic tire" means every
tiro in which compressed air is de-
signed to support the load.
1.9 "Solid tire" means every tiro of
rubber or other resilient materials
wh[ch does not depend upon compres-
sed sit for the support of the load.
1.10 "Metal tire" means every tiro
the surface of which in contact with
the highway is wholly or partly of
metal or other hard, non-resilient
material.
1.11 "Gross weight" shall mean the
empty weight of a vehicle plus the
maximum load to be carried thereon.
1.12 "Authorized emergency vehi-
cle" means vehicles of the fire de.
partment, police vehicles, ambulances
and emergency vehicles of municipal
departments and such privately own-
ed ambulances, rescue or disaster
vehicles as are designated or author-
ized by the commissioner.
1. t3 "Commissioner" means the
commissioner of public safety of the
"state.
1.14 "Person' means every natural
person, firm, copartnership, associa-
tion or corporation.
1.15 "Owner" means a person who
holds the legal title of a vehicle or
one who is conditional vendee ar
lessee or mortgagor of a vehicle.
1.16 "Operator" means every person,
other than 8 chauffeur, who is in
actual physical control of a motor
vehicle upon a highway.
1.17 "Chauffeur" means any person
who operates a motor vehiclo in the
transportation of persons or freight,
including school busses, who receives
any compensztion for surh service
in wages, commission ar otherwise,
er wlm as owner or employee oper-
ates a motor vehicle carrying passen-
gers far hire ar freight for hire,
commission or resale, including driv-
ers oY ambulances, passenger cars,
frocks. light delivery, and similar
conve~.ranees except when such opera-
tion by the owner or operator is
occasional and merely incidental to
his principal business. A farmer or
his hired help shall not be deemed
a chauffeur, when operating a truck
owned by him, and used exclusively
in connection with the transportation
cf his own products or property.
1.18 'Driver" means every person
who drives or is in actual physical
control of a vehicle.
'.19 "Peace officer" means every
officer authorized to direct or regu-
late traffic or to make arrests far
violations of traffic regulations, in
addition to its meaning in Section
758.3, 1946 Code of Iowa.
1.20 "Pedestrian" means every per-
son afoot.
1.21 "Street or highway" means
fete ontire width between property
line, of every way or place of what-
ever nature when any part thereof
is open to the use of the public, as a
natter of right for purposes of vefii-
rular traffic.
1.22 "Private road or driveway"
means every way or place in private
ownership and used for vehicular
travel by the owner and those having
express or implied permission from
the owner but not by other persons.
1.23 "Roadway" means that portion
of a highway improved, designed, or
ordinarily used for vehicular travel.
t24 "Sidewalk" means that portion
of a street between the curb lines,
nr the lateral lines of a roadway and
the adjacent property lines intended
roe the use of pedestrians.
125 `"Phrough (or thru) highway"
means every highway or portion
[hereof at the entrances to which
vehicular traffic from intersecting
highways is required by law to stop
before entering or crossing the same
and when stop signs are erected as
provided by law or such entrances
are controlled by a peace officer or
Crafflc cootrol signal. The term "ar-
teria~l" shall be synonymous with
"Through" or "thru" when applied to
highways of this city.
1.26 "intersection" means the area
embraced within the prolongation or
connection oP the lateral curb lines,
nr, if none, then the lateral boundary
lines oY the roadways of two high-
ways which join one another at, or
approximately at, right angles, or the
area within which vehicles traveling
upon different highways joining at
a,nv other angle may come in con-
flict.
498 Adjourned Regular Session, September 6th, Ig49
1.27 "Crosswalk" means that portion
of a roadway ordinarily included with-
in the prolongation or connection of
the lateral lines of sidewalks at inter-
sections, or any portion of a roadway
distinctly indicated for pedestrian
crossing by lines or other marking
on the surface.
1.28 "Business district" means the i
territory contiguous to and including
a highway when fifty percent or more
of the frontage thereon for a distance
of three hundred feet or more is
occupied by buildings in use for busi-
ness.
1.29 "Resident district" means the
territory within a city or town con-
tiguous to and including a highway,
not comprising a business district,
where forty percent or more of the
frontage on such highway fora dis-
tance of three hundred feet or more
is occupied by dwellings or by dwell
ings and buildings in use For husiness.
1.30 "School district" means the
territory contiguous to and including
a highway for a distance of two
hundred feet in either direction from
a school house in a city or town.
1.31 "Suburban district" means all
other Parts of a city or town not
included in the business, school, or
residence districts.
1.32 "Official traffic control devices"
means all signs, signals, markings,
and devices not inconsistent with this
ordinance placed or erected by auth-
ority of a public body or official
having jurisdiction, far the purpose
of regulating, warning, or guiding
traffic.
1.33 "Official traffic control signal'
means any device, whether manually,
electrically or mechanically operated.
by which traffic is alternately direct-
ed to stop and to proceed.
1.34 "Railroad sign or signal" means
any sign, signal, or device erected by
authotity of a public body or official
or by a railroad and intended to
give notice of the presence of rail-
road tracks or oY the approach of a
railroad train.
1.35 "Traffic" means pedestrians,
ridden or herded animals, vehicles
and other conveyances either singly
or together while using any highway
Tor purposes oP travel.
1.36 "Right of way" means the
privilege of the Immediate use of the
highway.
1.37 "Alley" means a thoroughfare
laid out, established and platted as
such by constituted authority.
1.38 "Railroad Train" means a
steam engine, electric or other motor,
with or without care, other than
streetcars, operated upon stationary
rails
1.39 "Explosives" means any chem-
ical compound or mechanical mixture
that is commonly used or intended
far the purpose of producing an ex-
l~losion and which contains any oxi-
dizing and combustive units or other
ingredients in such proportions, quan-
tities, or packing that on ignition by
fire, by friction, by concussion, by
percussion, or by detonator of any
part of the compound or mixture may
cause such a sudden generation of
highly heated gases that the resultant
gaseous pressures are capable of pro-
ducing destructable effects on conti-
guous objects or of destroying life
and limb.
1.40 "Flammable liquid" means any
liquid which has a flash paint of
seventy degrees F. or less, as deter-
mined by a Tagliabue or equivalent
closed cup teat.
1.41 "Curb" means the lateral line
>f a sidewalk nearest the surface of
he street upon which vehicles travel.
1.A2 "Bicycles" mean any two-
wheelad vehicles propelled by foot
power.
1.43 "U-turn' means the turning
from one side to the other on a street
and proceed in a reverse direction.
1.44 "Park" means the stopping or
standing of a motor vehicle either
attended or unattended by a driver
or occupant.
1.45 "Official parking signs" mean
any such signs as have been erected
by authority of a public body or
official having ]urisdiction for the
purpose of regulating parking.
1.46 "Parking meter" means any
mechanical device located upon a
public street or sidewalk in a place
regularly designated as a parking
zone, which device shall record a
certain number of minutes by the
use of a clock mechanism determin-
ing the number of minutes Por which
parkiag~ privileges may be extended
to any person depositing the coin
or coins required.
Registration
2.1 It is a misdemeanor for any
person to drive or move or for an
owner knowingly permit to be driven
or moved upon any street or highway
any vehicle of a type required to be
registered under the Iaws of the
State of Iowa, which ~s not ; egistered
according to such laws.
2.2 Every owner upon receipt of a
registration card shall write his signa-
ture thereon with pen and inic in the
space provided. Every such regis-
tration cc~.rd shall at all times 'ae
carried in the vehicle to which it
refers and shall be displayed in the
container furnished by the depart-
ment. Such certificate container shall
be attached to the vehicle in the
driver's compartment so that same
may be plainly seen without entering
the car.
2.3 Registration plates issued for a
motor vehicle other than a motorcycle
shall be attached thereto, one in the
front and the other in the rear. Thf
registry±ion plate issued fora motor-
cycle or other vehicle required to be
registered hereunder shall be attached
to the rear thereof.
2.4 Every registration plate shall at
all times be securely fastened in a
horizontal position to the vehicle for
which it is issued so as to prevent
the plate from swinging and at a
height of not less than twelve inches
from the ground, measuring from
the bottom of such ;,late, in a place
and position to be clearly visible and
shall be maintained free from foreign
materials or imitation plate or plates
imitating or purporting to imitate
the official license Plate of any other
state or territory of the United States
or of any foreign government and in
a condition to be clearly legible.
2.5 No person shall operate, nor
shall an owner knowingly permit tp
be operated upon any highway any
vehicle required to be registered ac-
cording to the Laws of the State of
Iowa unless there shall be attached
thereto and displayed thereon when
and as required, a valid registration
card and registration plate or plates
issued therefor for the current regis-
tration year.
Operators and Chauffeurs License
3.1 No person except such as map
be expressly exempt by law shall
drive any motor vehicle upon a street
of this city unless such person has
a valid license as an operator or
Adjourned Regular Session, September 6th, Ig49 499
chauffeur issued by the department
of public safety. No person shall
operate a motor vehicle as a chauffeur
unless he holds a valid chauffeur's
license.
3.2 Every licensee shall have his
operator's or chauffeur's license in his
immediate possession at all times
when operating a motor vehicle and
shall display the same upon demand
oY any peace officer. However, no
person charged with violating this
provision shall be convicted if he
produces in court, within a reasonable
time, an operator's or chauffeur's
license theretofore issued to him, and
valid at the time of his arrest.
3.3 ft is a misdemeanor for any
person:
1. To display or cause or permit
to be displayed or have in his posses-
sion any canceled, revoked. suspended,
fictitious, or fraudulently altered op-
erator's or chauffeur's license.
2. To lend his operator's or chauf-
feur's license to any other person or
knowingly permit the use thereof by
another.
3. To display or represent as one's
own any operator's or chauffeur's
license not issued to him.
4. To fail or refuse to surrender
to the department upon its ]awful
demand any operator's or chauffeur's
license which has been suspended,
revoked or canceled.
5. To use a false or fictitious name
in any application for an operator's
or chauffeur's .license or to knowingly
make a false statement or to know-
ingly conceal a material fact or other-
wise commit a fraud in any such
application.
6. To permit any unlawful use of
an operator's or chauffeur's License
issued to him.
3.4 Any person whose operator's or
chauffeur's license or driving privil-
ege has been denied, canceled, sus-
pended, or revoked who drives any
motor vehicle upon the streets of this
city while such license or privilege
is denied, canceled, suspended, or
revoked, is guilty of a misdemeanor
and upon conviction shall be punished
by imprisonment for not less than two
or mare than thirty days. The sen-
tence imposed under this section
shall not be suspended by the court.
However, in cases where a license
has been suspended because of failure
to satisfy a judgment in a civil
action for damages, the penalty for
operating a motor vehicle during such
period of suspension shall be a fine
of not less than twenty-five dollars,
nor more than one hundred dollars.
Sec. 3.5 No person shall cause or
knowingly permit his child or ward
under the age of eighteen years to
drive a motor vehicle upon any street
when such minor is not authorized
according [o law.
Sec. 3.6 No person shall authorize
or knowingly permit a motor vehicle
owned by him or under his control
to be driven upon any street by any
person who is not authorized by law.
Sec. 3.7 No person shall employ as
a chauffeur of a motor vehicle any
person not then licensed as provided
by law.
Sec. 3.8 No person shall rent a
motor vehicle to any other person
unless the latter person is then duly
licensed according to the Laws of the:
State of [own.
Sec. 3.9 No person shall rent ~
motor vehicle to another until he has
inspected the operator's or chauffeur's
license of the person to whom the
vehicle is to be rented and compared
and verified the signature thereon
with the signature of such pers~.,u
writte^ in his presence.
Sec. 3.10 Every person renting a
motor vehicle to another shall keep
a record of the regis[ratio^ number
of the motor vehicle so rented, the
name and address of the person W
whom the vehicle is rented, the num-
be~ of the license of said latter person
and the date and place when and
where said license was issued. Such
record shall be open to inspection by
any police officer.
Obedience to and Effect of
Traffic Laws.
Sec. 9.1 The provisions of this or-
dinance applicable to the drivers of
vehicles upon the streets shall apply
[o the drivers of all vehicles owned
or operated by the United States, this
state or any county, city, town, dis-
trict, or any other political subdivi-
sion oY the state, subject to specific
exceptions as are set forth in tha
Taws of Iowa and the ordinance of
Dubuque with reference to emergency
vehicies.
Sec. 4.2 No person shall willfully
fail or refuse to comply with any
lawful order or direction of any
peace officer invested by law wii,,:
authority to direct, control, or regu-
late traffic.
See. 4.3 The driver of any author
ized emergency vehicle when respond
ing to an emergency call upon ap-
proaching ared or stop signal or any
stop sign shall slow down as neces-
sary for safety but may proceed
cautiously past such red or stop sign
or signal. At other times drivers oP
authorized emergency vehicles shall
stop in obedience to a stop sign or
signal.
Sec. 4.4 No driver of any authorized
emergency vehicle shall assume any
special privilege under this ordinance
except when such vehicle is operated
in response to an emergency call or
in the immediate pursuit of an actual
or suspected violator of the law.
Sec. 9.5 The provisions of this
~rdmanoe shall not apply to person: ,
teams, motor vehicles and other
equipment while actually engaged in
work upon the surface of a street
but shall apply to such persona and
vehicles when traveling to or from
such work.
Sec. 4.6 Every person riding a bicy-
cle or an animal or driving any
animal drawing a vehicle upon a
street shall be subject to the pro-
visions of this ordinance applicable
to the driver of a vehicle, except
those provisions which by their na-
ture can have no application.
Traffic Signals
Sec. 5.1 No driver of a vehicle shall
disobey the instructions of any offi-
cial traffic-control device placed in
accordance with the provisions of
this ordinance, unless at the time
otherwise directed by a police officer.
Sec. 5.2 Whenever traffic is con-
trolled by traffic-control signals, the
fallowing colors only shall be used and
said lights shall indicate as follows:
1. Green alone or "Go." Cehicu]ar
traffic facing the signal may proceed
straight through or turn right or ]eft
unless a sign at such place prohibits
either such turn. But vehicular traf-
fic shall yield the right of way to
other vehicles and to pedestrians law-
fully within the intersection at the
time such signal is exhibited. All
right or left turns at 8th and Main
Streets are prohibited.
2. Ydllow alone or "Caution" when
shown following the green or "Go"
50o Adjourned Regular Session, September 6th, 194g
signal Vehicular traffic Pacing the
signal shall stop before entering the
nearest crosswalk at the intersection,
but if such atop cannot be made in
safety, a vehicle may be driven cau-
tiously through [he intersection.
3. Red alone or "Stop". Vehicular
traffic facing the signal shall stop
before entering the nearest crosswalk
at an intersectio^ or at such other
point as may be indicated by a
clearly visible line and shall remain
standing until Green or "Go" is shown
alone.
4. Red with green arrow. Vehicular
traffic facing such signal may
cautiously enter the intersection only
to make the movement indicated b3'
such arrow but shall not interfere
with other traffic or endanger pedes-
trians Lawfully within the crosswalks.
5. b9ashing red (Stop signal). When
a red lens is illuminated by rapid
intermittent flashes, drivers of vehi-
cles shall stop before entering the
nearest crosswalk at an intersection
or at a limit line when marked and
the right to proceed shall be subject
to the rules applicable after making
a stop at a stop sign.
6. Flashing yellow (Caution signap.
When a yellow lens is illuminated
with rapid intermittent flashes, driv-
ers of vehicles may proceed through
the intersection or past such signal
only with caution.
Signs
Sec. 6.1 No person shall place, main-
tain or display upon or in view of anv
street any unauthorized sign, signal,
marking, or device which purports
to be or is an imitation of or re-
sembles an official parking sign, curb
or other marking, traffic-control de-
vice or railroad sign or signal, or
which attempts to direct the mova-
ment of [raffia, or which hides from
view or interferes with the effec-
tiveness of any official traffic-control
device or any railroad sign ur signal,
and no person shall place or main-
tain nor shall any public authority
permit upon any street any traffic
sign ar signal bearing thereon any
commercial advertising. Every such
prohibited sign, signal or marking is
hereby declared to be a nuisance and
the authority having jurisdiction over
the street is hereby empowered to
remove the same or cause it to be
removed without notice.
Sec. 6.2 No person shall without
lawful authority attempt to or in
fact alter, deface, injure, knock down,
or remove any official traffic-control
device or any railroad sign or signal
or any inscription, shield, or insignia
thereon, or any part thereof.
Accidents
Sec. 7.1 The driver of any vehicle
involved in an accident resulting only
in damage to a vehicle which is
driven or attended by any person
shall immediately stop such vehicle
at the scene of such accident or as
close thereto as possible but shall
forthwith return to and in every
event shall remain at the scene of
such accident until he has fulfilled
the requirements of Section 7.2. Every
such stop shall be made without ob-
structing traffic more than is neces-
sary.
Sec. 7.2 The driver of any vehicle
involved in an accident resulting in
injury to or death of any person or
damage to any vehicle which is driv-
en or attended by any person shall
give his name, address, and the regis-
tration number of the vehicle he is
driving and shall upon request and if
available exhibit his operator's or
chauffeur's Hcense to the person
struck or the driver or becupant of
or person attending any vehicle col-
lided with and shall render to any
person injured in such accident rea-
sonable assistance, including the car-
rying, or the making of arrangements
for the carrying, of such person to a
physician, surgeon, or hospital far
medical or surgical treatment if it is
apparent that such treatment is nec-
essary or if such carrying is request-
ed by the injured person.
Sec. 7.3 The driver of any. vehicle
which collides with any vehicle which
is unattended shall immediately stop
and shall then and there either locate
and notify the operator or owner of
such vehicle of the name and address
of the driver and oY the owner of
the vehicle striking rho unattended
vehicle or shall leave in a conspicuous
place in the vehicle struck a written
notice giving the name and address
of the driver and of the owner of trie
vehicle doing the striking and a
statement of the circumstances there-
of.
Sec. 7.4 The driver of any vehicle
involved in an accident resulting only
in damage to property legally upon
or adjacent to a highway shall take
reasonable steps to locate and notify
the owner or person in charge of
such property of such fact and of his
name and address and of the registra-
tion number of the vehicle he is
driving and shall upon request and if
available, exhibit his operator's or
chauffeur's license and shall make
report of such accident when and as
required by Section 7.5.
Section 7.5 The driver of a vehicle
involved in an accident resulting in
injury to or death of any person
or total property damage to an appar-
ent extent of twenty-five dollars or
more, shall immediately by the quick-
est means of communication give no-
tice of such accident to the office
of the Chief of Police.
The driver of a vehicle involved
in an accident resulting in injury to
or death of any person, ar total
property damage to an apparent ex-
tent of fifty dollars or more shall also,
within twenty-four hours after such
accident, forward a written report of
such accident to the department of
public safety.
Every peace officer who, in the
regular course of duty, investigates
a motor vehicle accident of which
report must be made as required to
this section, either at the time of and
at the scene of the accident or there-
after by interviewing witnesses shall.
within twenty-four hours after com-
pleting such investigation, file a writ-
ten report of such accident.
Speed Restrictions
Sec. R.1 Any person driving a motor
vehicle on any street of this City
shall drive the same at a careful and
prudent speed not greater than nor
less than is reasonable and Proper,
having due regard to the traffic,
surface and width of the streets and
of any other conditions then existing,
and no person shall drive any vehicle
at a speed greater than will permit
him to bring it to a stop within the
assured clear distance ahead, such
driver having the right to assume,
however, that all persona using such
streets will observe the law.
The following shall be the lawful
speed except as hereinbefore or here-
inafter modified, and any speed in
excess thereof shall be unlawful:
1. Twenty miles per hour in any
business or school district.
2. Twenty-five miles per hour in
any residence district.
Adjourned Regular Session, September 6th, 1949 501
3. Forty miles per hour for any
motor vehicle drawing another ve-
hicle.
4. Forty-five miles per hour in anY
suburban district.
Sec. 8.2 The person operating a
motor vehicle or motorcycle shall have
the same under control, and shall
reduce the speed to a reasonable and
proper rate:
1. When approaching and passing a
person walking in the traveled por-
tion oP a public street.
2. When approaching and passing
an anima] which is being led, ridden,
or driven upon a street.
3. When approaching and traversing
a crossing or intersection of public
streets, or a bridge, or a sharp turn
or curve, or a steep descent, in a
public street.
4. When approaching and passing
a fusee, flares, red reflector, electric
lanterns, red reflectors or red flags
which are displayed on the roadway.
Sec. 8.3 The driver of a motor
vehicle shall not follow another ve-
hicle more closely than is reasonable
and prudent, having due regard for
the speed of ouch vehicles and the
traffic upon and the condition of the
street,
Sec. 8.4 In every charge of viola-
tion of Section 8.1, the information,
also the notice to appear, shall specify
the speed at which the defendant is
alleged to have driven, also the speed
limit applicable within the district or
at the location.
Sec. 8.5 On all streets other than
primary roads and extensions of pri-
mary roads there shat] be erected by
the City suitable standard signs show-
ing the points at which the rate of
speed changes and the maximum rate
of speed in the district which the
vehicle is entering.
Sec. 8.6 No person shall drive a
motor vehicle at such a slaw speed
as to impede or block the normal and
reasonable movement of traffic except
when reduced speed is necessary for
safe operation or in compliance with
law. Peace officers are hereby auth-
orized to enforce this provision by
direction to drivers, and in the event
of apparent willful disobedience to
this provision and refusal to comply
with directions of an officer in accor-
dance herewith the continued slow
operation by a driver shall be punish-
able as herein provided.
Sec. 8.7 The speed limitations set
forth in this paragraph shall not
apply to authorized emergency ve-
hicles when responding to emergency
calls and the drivers thereof sound
audible signal by bell, siren, or ex-
haust whistle. This provision shall
not relieve the driver of an authorized
emergency vehicle from the duty to
drive with due regard for the safety
of all persons using the streets, nor
shall it protect the driver of any such
vehicle from the consequence oP his
negligence.
Duties of Operators
Sec. 9.1 Any person who drives
any vehicle in such manner as to
indicate either a willful or a wanton
disregard for the safety of persons
or property is guilty of reckless driv-
ing.
Sec. 9.2 Every person convicted of
reckless driving shall be punished
upon conviction by imprisonment far
a period of not more than thirty days,
or by a fine of not less than twenty-
five dollars, nor more than one-hun-
dred dollars.
Sec. 9.3 The operator of a motor
vehicle shall at all times travel an
the right-hand side of the center of
the street.
Sec. 9.4 Persons on horseback, or
in vehicles, including motor vehicles,
meeting each other on the public
streets, shall give one-half of rile
traveled way thereof by turning to
the right.
Overtaking and Passing
Sec. 10.1 The driver of a vehicle
overtaking another vehicle proceed-
ing in the same direction shall pass
to the left thereof at a safe distance
and shall not again drive to the right
side of the roadway until safely
clear of the overtaken vehicle.
The driver of an overtaken vehicle
shall give way to the right fn favor
of the overtaking vehicle on audible
signal and shall not increase the
speed of his vehicle until completely
passed by the overtaking vehicle.
Sec. 10.2 No vehicle shall be driven
to the left side of the center of the
street in overtaking and passing an-
other vehicle proceeding in the same
direction unless such left side is clear-
ly visible and is free of oncoming
traffic for a sufficient distance ahead
to permit such overtaking and pass-
ing to be completely made without in-
terfering with the safe operatioq oP
any vehicle approaching from the op-
posite direction or any vehicle over-
taken. In every event the overtaking
vehicle must return to the right-hand
side of the street before coming with-
in one hundred feet of any vehicle
approaching from the opposite direc-
tion.
Sec. 10.3 No vehicle shall in over-
taking and passing another ve-
hicle or at any other time, be driven
to the left side of the street under
the following conditions:
1. When approaching the crest of
the grade ar upon a curve in the
street where the drivers' view along
the street is obstructed for a distance
of approximately seven hundred feet.
2. When approaching within one
hundred feet of any narrow bridge,
viaduct, or tunnel when so sign-
posted, or when approaching within
one hundred feet of or traversing
any intersection or railroad grade
crossing.
3. Where official signs are in place
directing that traffic keep to the
right or a distinctive center line or
off-center line is marked, which dis-
tinctive line also so directs traffic
as declared in the sign manual
adopted by the state highway eom-
miaaion.
Sec. 10.4 The driver of a vehicle
may overtake and pass upon the right
of another vehicle which is making
or about to make a left turn.
The driver of a vehicle may over-
take and, allowing sufficient clear-
ance, pass another vehicle proceed-
ing in the same direction either upon
the left or upon the right on a street
where clearly marked lanes for traf-
fic are indicated.
Sec. 10.5 Whenever any street has
been divided into three or more clear-
ly marked lanes for traffic a vehicle
shall be driven as nearly as practical
entirely within a single lane and shall
not be moved from such lane until
the driver has first ascertained that
such movement can be made with
safety.
Official signs or markings may be
used directing traffic to use a desig-
nated lane or allocating speclfled
lanes to traffic moving in the same
direction and drivers of vehicles shat]
obey the directions of every such
sign or marking,
Ko2 Adjourned Regular Session, September 6th, Ig49
Sec. 10.6 Upon those streets and
parts of streets and in those alleys
designated and described in Schedule
I attached hereto and made a part
hereof, aignposted for one-way traf-
tlc, avehicle shall be driven only in
the direction designated.
Turning, Starting, Signals
Sec. 11.1 No person shall start a
vehicle which to stopped, standing, or
maent dcan I be madeu withs reasonable
safety.
Sec. 11.2 The driver of a vehicle
intending to turn at an intersection
shall do as follows: Both the approach
for a right turn and right turn shall
be made as close as practical to the
right-hand curb or edge oY the road-
way.
Approach for a left turn shall be
made 1n that portion of the right
halt of the roadway nearest the cen-
terline thereof and after entering the
intersection the left turn shall be
made so ae to depart from the in-
teraection to the right oP the center-
]lne of the roadway being entered.
Approach for a left turn from a
two-way street into aone-way street
shall be made in that portion of the
right half of the roadway nearest
the centerline thereof and by Passing
to the right of such centerline where
it enters the intersection, A left
turn from aone-way street into a
two-way street shall be made by
passing to the right of the centerline
of the street being entered upon leav-
ing the intersection.
Local authorities, in their respec-
tlve jurisdictions may cause markers,
buttons, or signs to be placed within
or adjacent to intersections and
thereby require and direct that a dif-
ferent course from that specified in
this section be traveled by vehicles
turning at an intersection, and when
markers, buttons, or signs, are so
placed no driver of a vehicle shall
turn a vehicle at an intersection
other than as directed and required
by such markers, buttons, or signs.
Sec. 11.3 No vehicle shall be turned
so as to proceed in the opposite Di-
rection upon any curve, or on the ap-
proach to, or near the crest of a
grade or hill, where such vehicle
cannot be seen by the driver of any
other vehicle approaching from either
direction within five hundred feet.
"U-turns" shall not be made on
Main Street from West 2nd to West
13th Streets, both intersections includ-
ed; on Central Avenue from 4th to
29th Streets, both interaectiona In-
cluded, except that the intersection
of 18th Street shall be excluded; and
an 8th Avenue from Central Avenue
to Bluff Street. both intersections in-
cluded.
Sec. 11.9 No person shall turn a ve-
hicle from a direct course upon a
street unless and until such move-
ment can be made with reasonable
safety and then only after giving a
clearly audible signal by sounding a
horn if any pedestrian may be affect-
ed by such movement or after giving
an appropriate signal in the manner
hereinafter provided in the event any
other vehicle may be affected by ouch
movement.
See. 11.5 A signal of Intention to
turn right or left shall be given
continuously during not less than
the last one hundred feet traveled
by the vehicle before turning.
Sec. 11.6 No person shall atop or
suddenly decrease the speed of a ve-
hicle without first giving an appro-
priate signal in the manner provided
herein to the driver of any vehicle
immediately to the rear when there
s opportunity to give such signal.
Sec. 11.7 The aignala herein requir-
~d may be given either by means of
the hand and arm or other proper
signal or signal device of a type ap-
proved by the department of public
safety.
Sec. 11.8 All aignala herein required
which may be given by hand and
arm shall when so given be given
from the left side of a vehicle and
the following manner and interpre-
tation thereof is suggested:
1. Left turn -Hand and arm ex-
tended horizontally.
2. Right turn - Hand and arm ex-
tended upward.
3. Stop or decrease of speed -
Hand and arm extended downward.
Right of Way
Sec. 12.1 Where two vehicles are
approaching on any public street so
that their paths will intersect and
there is danger of collision, the ve-
hicle approaching the other from the
right shall have the right of way.
The foregoing rule fa modified at
through streets and otherwise as
hereinafter stated.
Sec. 12.2 The driver of a vehicle
within an intersection intending to
turn to the left shall yield the right
of way to any vehicle approaching
from the opposite direction which is
within the intersection or so close
thereto as to constitute an immedi-
ate hazard, but said driver, having so
yielded and having given a signal
when and as required by this ordi-
nance, may make such left turn and
the drivers of all other vehicles ap-
proaching the intersection from said
opposite direction shall yield the right
of way to the vehicle making the
left turn.
Sec. 12.3 The driver of avehicle
shall stop as required by this ordi-
nance at the entrance to a through
street and shall yield the right of way
to other vehicles which have entered
the intersection from said through
street or which are approaching so
closely on said through street as to
constitute a hazard, but said driver
having so yielded may proceed cau-
tiously and with due care enter said
through street.
Those streets and parts of streets
described in Schedule II attached
hereto which are hereby made a part
of this ordinance by this reference
are hereby declared to be through
streets for all purposes of this ordi-
nance.
Sec. 12.4 The driver of a vehicle
shall likewise atop In obedience to a
stop sign as required herein at an in-
tersection where a stop sign is erect-
ed at one or more entrances thereto
although not a part of a through
street and shall proceed cautiously,
yielding to vehicles not so obliged to
stop which are within the intersec-
tion or approaching so closely as to
constitute a hazard, but may then
proceed.
Those Intersections described in
Schedule III attached hereto and made
a part hereof are hereby declared to
be Stop Intersections for all purposes
of this ordinance.
Sec. 12.5 Stop signs shall be erect-
ed at entrances to through streets
and at one or more entrances to atop
intersections. Every driver of a ve-
hicle shall atop at such sign or at a
clearly marked atop line before enter-
ing an intersection, except when di-
rected to proceed by a peace officer
or traffic-control signal.
Sec. 12.6 The driver of a vehicle
emerging from a private roadway,
alley, driveway or building shall atop
such vehicle Immediately prior to
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Adjourned Regular Session, September 6th, 1949 5o3
driving on the sidewalk area and
thereafter he shall proceed into the
sidewalk area only when he can do
so without danger to pedestrian traf-
fic, and he shall yield the right of
way to any vehicular traffic on the
street into which his vehicle is enter-
ing.
Sec. 12.7 Upon the immediate ap-
proach of an authorized emergency
vehicle with any tamp or device dis-
playing a red light or flashing red
light from directly in front thereof,
or when the driver is giving audible
signal by siren, exhaust whistle, or
bell, the driver of every other vehicle
shall yield thg right of way and
shall immediately drive to a posi-
tion parallel to, and as close as pos-
sible to, the right-hand edge or curb
of the street clear of any intersec-
tlona and shall stop and remain in
such position until the authorized
emergency vehicle has passed except
when otherwise directed by a police
officer.
Special Stops
Sec. 13.1 Whenever any person driv-
ing a vehicle approaches a railroad
grade crossing and warning is given
by automatic signal or crossing gates
or a flagman or otherwise of the
immediate approach of a train, the
driver oY such vehicle shall stop with-
in fifty feet but not leas than 10 feet
from the nearest track of ouch rail-
road and shall not proceed until he
can do so safely.
The driver of a vehicle shall stop
and remain standing and not traverse
such a grade crossing when a cross-
ing gate is lowered or when a human
flagman gives or continues to give
a signal oP the approach or passage
of a train.
Sec. 13.2 Busses shall draw up to
the curb at the near side oP street
intersections when loading or unload-
ing passengers excepting at intersec-
tions where spaces are otherwise de-
signated.
Sec. 13.3 The driver of any motor
vehicle carrying passengers for hire,
or any school bus carrying any school
child, or of any vehicle carrying ex-
plosive substances or flammable ]iq-
uida as a cargo or part of a cargo,
before crossing at grade any track
or tracks of a railroad, shall stop
such vehicle within fifty feet but
not less than ten feet from the nearest
rail of such railroad and while so
stopped shall listen and look in both
directions along such track for any
approaching train and for signals in-
dicating the approach of a train ex-
cept as hereinafter provided, and
shall not proceed until he can do so
safely.
No stop need be made at any such
crossing where a police ofricer or
traffic control signs] directs traffic
to proceed.
Sec. 13.4 School zones are hereby
established and shall embrace all the
territory contiguous to and including
streets for a distance of two hundred
feet in either direction from a school
building or buildings. All vehicular
traffic shall atop when approaching
such zones in obedience to movable
stop signs placed in the streets at
the limits of the same.
Pedestrians
Sec. 14.1 Pedestrians shall be subject
to traffic-control signals at intersec-
tions.
L When facing the green light may
proceed across the street within any
marked or unmarked crosswalk.
2. When facing the yellow light are
advised that there is insufficient
time to cross the street, and any
pedestrians then starting to cross
shall yield the right of way to all
vehicles.
3. When Pacing the red light or red
light with green arrow, shall not en-
ter the street unless he can do so
safely and without interfering with
any vehicular traffic.
Sec. 14.2 Where the traffic-control
signals are not in place or in opet-
atian, the driver of a vehicle shall
yield the right of way, slowing
down or stopping if need be to so
yield, to a pedestrian crossing the
street within any marked crosswalk
or within any unmarked crosswalk at
an intersection.
Sec. 14.3 Every pedestrian crossing
a street at any point other than with-
in amarked cross-walk or within an
unmarked crosswalk at an intersec-
tion shall yield the right of way to
al] vehicles upon the roadway.
Sec. 14.4 Notwithstanding the provi-
sions of this section, every driver of
avehicle shall exercise due care to
avoid colliding with any pedestrian
upon any street and shall give warn-
ing by sounding the horn when neces-
sary and shall exercise due care upon
observing any child or any confused
or incapacitated person upon a street.
Sec. 14.5 Pedestrians shall move,
whenever practicable, upon the right
half of crosswalks.
Sec. 14.6 No person shall stand in a
roadway for the purpose of soliciting
a ride Prom the driver of any private
vehicle.
Nothing in this section shall be con-
strued so as to prevent any pedestrian
from standing on that portion of the
street or highway, not ordinarily us-
ed for vehicular traffic for the pui•-
poae of soliciting a ride from the
driver oP any vehicle.
Sec. 14.7 For the purpose of guard-
ing against accidents in traffic on the
public thoroughfares, it shall be un-
lawful for any person except persons
wholly or partially blind to carry or
use on the streets, highways and pub-
lic Places of the city any white canes
or walking sticks which are white in
color or white tipped with red.
Sec. 14.8 Any driver of a vehicle or
operator of a motor-driven vehicle
who approaches or comes in contact
with a person wholly or partially
blind carrying a cane or walking
stick white in color or white tipped
with red, shall immediately come to a
complete stop, and take such precau-
tlona as may be necessary to avoid
accident or injury to the person car-
rying scone or walking stick white
in color or white tipped with red.
Sec. 14.9 Pedestrians shall at all
times when walking along or on a
highway, walk on the left side of
such highway.
Misceltaneaus Rules
Sec. 15.1 No person driving or in
charge of a motor vehicle shall per-
mit it to stand unattended without
first stopping the engine, or when
standing upon any perceptible grade
without effectively setting the brake
thereon and turning the front wheels
to the curb or side of the highway.
Sec. 15.2 No person shall drive a
vehicle when it is so loaded, or when
there are in the front seat such num-
ber of persona, exceeding three, as
to obstruct the view of the driver to
the front or sides of the vehicle or as
to interfere with the driver's control
over the driving mechanism of the
vehicle.
No passenger in a vehicle shall ride
in such position as to interfere with
the driver's view ahead, or to the
504 Adjourned Regular Session, September 6th, 1949
aides, ar to interfere with his con-
trol over thg driving mechanism
of the vehicle.
Sec. 15.3 The driver of a motor
vehicle traveling through defiles or
on approaching the crest of a hill or
under contlrolaannon the tr ght hand
side of the roadway and, upon ap-
ps ob tru~eted within a distance of two
hundred feet along the highway, shall
give audible warning with the horn
of such motor vehicle.
Sec. 15.9 The driver of any motor
vehicle when traveling upon a down-
grade shall not coast with the gears
of such vehicle in neutral.
Sec. 16.6 The driver of any commer-
cial motor vehicle when traveling up-
on adowngrade shall not coast with
the clutch disengaged.
Sec. 16.6 The driver of any vehicle
other than one on official business
shall not follow any fire apparatus
traveling in response to a fire alarm
closer than five hundred feet or drive
into or park such vehicle within the
block where fire apparatus has stop-
ped in answer to a fire alarm.
Sec. 16.7 No vehicle shall be driven
over any unprotected hose of a fire
department when laid down on any
street or private driveway, to be used
at any fire or alarm oY fire, without
the consent of the fire department
official in command.
Sec. 1b.8 No person shalt throw or
deposit upon any street any bottle,
glass, nails, tacks, wire, cans, or any
other substance likely to injure any
person, animal, or vehicle upon such
street.
Sec 15.9 Any person who drops or
permits to be dropped or thrown,
upon any street any destructive or in-
jurious material shall immediately re-
move the same or cause it to be re-
moved.
Sec. 15.10 Any person removing a
wrecked or damaged vehicle from a
street shall remove any glass or other
injurious substance dropped upon the
street from such vehicle.
Sec. 15.17 No person shall at any
time operate a motor truck or truck
tractor transporting explosives as a
cargo or Part of a cargo upon a street
unless It carries flares or electric
lanterns as required by Laws of Iowa,
but such flares or electric lantern
must be capable of producing a red
light and shall be displayed upon the
street when and as required by the
Laws of the State of Iowa.
Sec. 15.12 Any person operating any
vehicle transporting any explosives
as a cargo or part of a cargo upon a
street shall at all times comply with
the provisions of this section.
Said vehicle shall be marked or
placarded on each aide and the rear
with the word "Explosives" in letters
not tess than eight inches high, or
there shall be displayed on the rear
of such vehicle a red flag not less
than twenty-four Inches square with
the word "Danger" in white letters
six inches high.
Every said vehicle shall be equip-
ped with not less than two fire ex-
tinguishers, filled and ready for im-
mediate use, and placed at a conven-
ient paint on the vehicle so used.
Sec. 15.13 Any person who either
individually or in association with one
or more other persons willfully injures
or tampers with any vehicle or breaks
or removes any part or parts of or
from s vehicle without the consent of
the owner is guilty of a mi~demean-
or.
Sec. 15.14 Any person who with in-
tent to commit any malicious mis-
chief, injury, or other crime climbs
into or upon a vehicle whether it is
in motion or at rest or with like
intent attempts to manipulate any of
the levers, starting mechanism,
brakes or other mechanism or device
of a vehicle while the same is at
rest and unattended or with life In-
tent sets in motion any vehicle while
the same 1s at rgst and unattended
is guilty of a misdemeanor
Sec. 15.15 It shall be unlawful
for any person to drive or move or for
the owner to cause or knowingly per-
mit to be driven or moved on any
street any vehicle or combination of
vehicles which is in such unsafe con-
dition as to endanger any person, or
which does not contain those parts or
is not at alt times equipped with such
lamps and other equipment in proper
condition and adjustment as required
in this ordinance or which is equipped
in any manner in violation thereof.
Sec. 15.16 No motor vehicle or com-
bination of vehicles, which cannot
proceed up a three percent grade,
on dry concrete pavement, at a min-
imum speed of twenty miles per
hour, shall be operated on the streets
of the City of Dubuque.
Sec. 15.17 No Person shall have for
sale, sell, or offer for sale any motor
vehicle, trailer or semitrailer which is
in such unsafe condition as to endan-
ger any person or which does not con-
tain those parts or is not at all times
equipped with such lamps and brakes
and other equipment in proper con-
dition and adjustment as required in
this ordinance, or which is equipped
in any manner in violation of this
ordinance.
Sec. 15.18 When one vehicle is tow-
ing or pulling another vehicle, the
drawbar or other connection shall be
of sufficient strength to pull all
weight towed thereby, and shall be
fastened to the frame of the towing
vehicle in such manner as to prevent
sidesway, and in addition to such
principal connection there shall be a
safety chain which shall be so fas-
tened as to be capable of holding the
towed vehicle should the principal
connection for any reason fail.
Sec. 15.19 Heavily laden vehicles
shall not be permitted to travel over
Main Street Yrom West 2nd to Wesk
13th Streets, and upon such other
streets as the City Council may, by
resolution, from time to time pre-
scribe, except for actual loading or
unloading purposes, and only then
within such block or blacks from or
to which the loading or unloading [s
to be made•
Sec. 16.20 Tractors or other machin-
ery moving on caterpillar wheels or
having heavy lugs shall not be per-
mitted to be moved over any oP the
streets without first securing a route
from thg City Manager, and it shall
be unlawful to move such vehicle
i over any street other than shown in
I such routing instructions.
Sea 16.21 Vehicles used for the col-
lection of garbage, manure, dead ani-
mals, and offensive offal of every
kind are prohibited from using Lo-
cust, Main and Iowa Streets and
Central Avenue from 3rd to 18th
Streets between the hours of 8 A.M.
to 10 P.M. All such vehicles shall
be covered when loaded.
Sec. 15.22 Circus parades anal] be
permitted only with the approval of
the City Manager who shall pre-
scribe the streets which may be used.
Circus vehicles, except in parades,
Adjourned Regular Session, September 6th, Ig49 5~5
shall not be drawn over streets paved
with soft top materials whenever a
hard [op street can be used.
Sec. 15.23 Other parades and pro-
cessions may bg held under ouch
rules as the City Manager and Chief
of Police may prescribe but informa-
tion regarding the nature of the same
shall be given to such officers in ad-
vance.
Sec. 15.24 Vehicles shah not ae
driven through a parade or proces-
sion without permission of a police
officer.
Sec. 16.25 A vehicle shall not be
driven within or upon any sidewalk
area except at a permanent or tem
porary driveway.
Sec. 15.26 No person, firm, or cor-
poration shall, except in cases of an
emergency, sell gasoline upon the
streets by drawing the same frmn
tank wagons or other containers for
use in motor vehicles unless such
containers are located below the sur-
face of the street.
Sec. 15.27 No person shall repair
or cause to be repaired any vehicle
in the streets or allevs, except in cas-
es of emergency.
Parking
Sec. 16.1 No person shah stop, stand,
or park a vehicle, except when neces-
sary to avoid conflict with other traf-
fic or in compliance with the direc-
tions of a police officer or traffic-
control device, in any of the follow-
ing places:
1. On a sidewalk.
2. In front of a public or private
driveway.
3. Within an intersection.
4. Within five feet of a fire hydrant.
5. On a crosswalk.
6. Within ten feet upon the
approach to any flashing beacon, stop
sign, or traffic control signal located
at the side oP the roadway.
7. Within fifty feet of the nearest
rail of a railroad crossing, except
when parked parallel with such rail
and not exhibiting a red light.
8. Within twenty feet of the drive-
way entrance to any fire station and
on the side of a street opposite the
entrance to any fire station within
seventy five feet of said entrance
when properly signposted.
9. Alongside or opposite any street
excavation or obstruction when such
stopping, standing, or parking would
obstruct traffic.
10. On the roadway side of any
vehicle stopped or parked at the edge
or curb of street.
11. In the alleys between Bluff and
Locust Streets and from Jones Street
to West 11th St.; in the alley between
Locust and Main Streets from Jones
Street to West 12th Street; in Cho
alley between Main and Iowa Streets
from West 2nd Street to West 12th
St.; In the alley between Iowa Street
and Central Avenue Yrom West 4th
Street to Loras Boulevard; and in the
alley between Central Avenue and
White Street from East 4th Street to
East 19th Street, except vehicles stop-
ped or parked for the purpose of
taking on or delivering goods or
merchandise, or vehicles used by the
occupants of property within the
black and only when such vehicle
shall be stopped or parked in the
transferring or delivering of goods
or merchandise to or from the proper-
ty so occupied by them; and such
vehicles shall be stopped or parked
therein only when said vehicles shall
be next to and as near to the side
of the alley as the condition of said
alley will permit, and In such manner
and place as will leave an opening
of sufficient width to permit the free
passage through said alley of other
vehicles of ordinary size.
12. Upon any street or in any alley
in any part oP the City of Dubuque
in such a manner or under such
conditions as to leave available less
than ten feet of the width of the
roadway of such street or alley for
the free movement oP vehicular traf-
fic, excepting when necessary in
obedience to traffic regulations or
traffic signs, or signals of a police
officer.
13. At any place where official
signs or curb markings prohibit.
Sec. 16.2 Except where angle park-
ing is permitted, every vehicle stop-
ped or parked upon a roadway where
there is an adjacent curb shall be
stopped or parked with the right-
hand wheels of such vehicle parallel
with and within eighteen inches of
the right-hand curb.
Sec. 16.3 Angle parking is permitted
only on both sides of West 2nd Street
from Iowa Street to Locust Street;
the north side of West 6th Street
Prom Locust Street to Bluff Street; ~-
the east aide of Bluff Street Prmn
West 6th to West 7th Street; the
south side of West 7th Street from
Locust to Bluff Street.
Upon such streets or parts of
streets, vehicles shall be parked with-
in the spaces indicated and with the
right front wheel of the vehicle
against the curb. Vehicles having a
greater length than 20 feet over all,
shall not be permitted to park at an
angle upon any street.
Sec. 16.4 A space of twenty five
feet is hereby reserved ai the side
of the street in front of any theatre,
auditorium, hotel having more then
twenty-five sleeping rooms, or other
buildings where large .assemblages of
people are being held, within which
space, when clearly marked as such,
no motor vehicle shall be left stand-
ing, parked, or stopped except in
taking on or discharging passengers
or freight, and then only for such
length of time as is necessary for
such purpose.
Sec. 16.6 Vehicles shall not be park-
ed between the hours of 9 a.m. and
6 p. m., Sundays and public holidays
excluded, Yor a longer period of time
than hereinafter designated within
the district or upon any of the streets
described in Schedule IV attached to
and hereby made a part of this ordin-
ance by this reference.
h'or the purposes of the regulations
herein provided, any vehicle not mov-
ed out of the block during the speci-
fied and designated parking periods;
shall be deemed to havg remained
stationary.
Sec. 1.0.0 No vehicle shall be parked
within a parking meter zone as des-
cribed in Schedule V, which is hereby
made a part hereof by this reference,
in any space adjacent to which a
parking meter is installed for the time
during which the meter is ehowing a
signal indicating that such space is
illegally used, other than such time
as is necessary to operatg the meter
to show legal parking, between the
hours of 9 a.m. and 6 p. m. of any
day, Sundays and public holidays
excepted.
Each vehicle parked adjacent to
any parking meter shall park within
any lines or markings painted upon
the curb or streets to designate the
parking space.
Koh Adjourned Regular Session, September 6th, 1949
Sec. 16.7 Vehicles shall not be park-
d- Sec 16.16 It shall be unlawful to
ark any vehicle in any alley under
ed in the metered zone except a
jacent to a parking meter. p
any fire escape at any time.
16.8 No vehicle parking in the
Sec Sec. 16.16 It shall be unlawful for
.
meter zone shall use such metered
ace for a perlod longer than such any motor vehicle to park in any
stall or space in any parking lot
sp
meter indicates within the City of Dubuque without
Sec. 16.9 Where spaces have been
ns or markings for
i first having secured the permission
f the operator of any parking lot in
g
set apart by s
bus stops or passenger zones, it shall o
which stalls or spaces for parking
be unlawful during the hours of bus cars are rented.
operations, from 6 a.m. to midnight.
for the operator of any vehicle, other Sec. 16.17 A parking lot is a lot
in the City of Dubuque where motor
than a bus, to stand or park in any vehicles are parked for a tee.
such officially designated bus stop,
except that the operator of any pass-
i
Sec. 16.18 In the business district
f a vehicle shall not back
i
n
anger vehicle may temporarily stop
such bus space or stop far the ver o
the dr
the same between other vehicles
any
purpose of, and while actually en-
the loading of or unloading
d i then standing upon the street 1n
r
d
e
e
cl
v
k
n
gage
of passengers.
10 No person shall move a
6 gu
h
se
do
can
he
unless
ehi Pee
without interfering with traffic and
.
Sec. 1
vehicle not owned by such person
hibited area or away from unless there is sufficient space so
that such vehicle when parked will
into any pro
urb such distance as is unlawful. e
d
~
t
t
l
ea
a c
van or
b apac
r
feet o[ clea
four
leas
at
leav
us,
Sec. 16.11 No truck,
of
i tront and to
t
ng
vehicle used for the carry
erchandise shall be park- vehicle,
the rear of such
freight or m
ermitted to stand in front
d Sec. 16.19 No person shall park or
or p
e
of the residence Property of others permit to be Parked soy vehicle upon
r the
[
l
se as to interfere with free accessi-
for a longer perlod than
t
h o
y
the streets or alleys mere
purpose of displaying it for sale or
o
ere
bility t
la reasonably necessary. The intent storing it while not in use.
of this section is to Prohibit the Sec. 16.20 No person shall park or
parking or placing of such vehicles operate any vehicle upon the streets
in front of resident property to the which, by loud speakers or mechanical
inconvenience of abutting residences
unless the parking or placing of such devices, is used to advertise events
or the sale of goods, wares or mer-
vehicle is reasonably necessary wh':° chandise.
taken in connection with the purpose
for which such vehicles are used or Sec. 16.21 Vehicles shall not be
ermitted to park between the hours
needed. p
of 12 midnight and 6 a.m. upon such
16.12 Moving vans or trucks
Sec streets as are cleaned by sweeping
.
ar other vehicles handling heavy
merchandise, or materials
freight or flushing.
22 It shalt be unlawful to
16
Sec
,
shall be permitted to back into the .
.
ark on the side of the streets where
curb and park at an angle, with the signs are erected giving notice there-
or not more than forty-five
traffic of on all of said streets or Parts of
,
degrees, to take on or discharge loads,
rmission for such angle parking
t
b streets as listed in Schedule VI
d hereto and made a part of
h
tt
u
pe
to areas on through streets, and in ac
e
a
this ordinance by this reference.
the business district where angle
parking is not otherwise permitted,
Sec. 16.23 Vehicles shall not be park-
a longer period
f
ahall be first obtained from the Chief
the
es or
ed at any time
than fifteen minutes on the south-
,
of Police. In all such cas
hlcle shall not remain so Parked easterly side of Rhomberg Avenue
is
ve
longer than the actual loading ar un-
are from n'here Rhomberg Avenue
rossed by the Chicago Great Western
loading requires. It horses
attached to ouch vehicles, the same c
Railroad tracks to Marshall Street.
will be turned at right angles to the 24 Whenever a vehicle is
16
Sec
vehicle and in the direction in which .
.
found stoPPed or parked in violation
the traffir, on the street is moving. of any state law or city ordinance,
13 Loading and unloading of
16
Sec or in such manner as causes a dan-
.
.
merchandise, freight or materials
ne from a street in
d serous condition to exist or wheri-
ever the owner or operator of a ve-
o
shal] not be
the business district where the same hide has failed to report or heed a
can be done from an alley.
with
Chief of Pclice
Th notice to appear before the proper
magistrate, any police officer may
,
e
Sec. 16.14
the approval of the City Manager, is remove such vehicle from a street or
alley to a place of safe keeping. If
hereby authorized to issue to any
vehicle used to transport
P such vehicle must be serviced or
a
a
owner o
merchandise, freight or materials, a
ually nn
othe a~necessary expens0rin orred
,
special permit, renewable ann
and to state therein the terms and
egainstrthe vehicle and hall beepaid
conditions thereof allowing the oper-
f such vehicles the privilege of before it is released.
ator o
loading or unloading while such ve- Sec. 16.25 In any proceedings for
hicle is backed against the curb a? violation of the parking provisions
an angle of forty-five degrees with
it, in the opinion of the
the traffic of this ordinance, the registration
plates displayed on such motor vehicle
,
Chief of Police, such privilege is involved in said violation shall con-
reasonable necessary in the conduct stitute in evidence a prima facie pre-
aP the owners' business and will not sumption that the owner of such
seriously interfere with traffic. Such
ermit shall either be in the posses- motor vehicle was the person who
parked or placed such motor vehicle
p
alon of the operator or on the vehicle at the point where such vlolaUan
at the time said vehicle is backed occurred.
against the curb ar parked at an
angle to take on or discharge a load,
Sec. 16.26 - Railroad cars shall not
tanding at night
ft
l
and it shall be unlawful for the
erator to violate any of
r o s
e
be parked or
on railroad tracks in or near the
h
p
owner o
the special terms or conditions of fift~een
andeJacksonaStreiets owithtns
such special permit.
Adjourned Regular Session, September 6th, 1949 5~7
feet of the north property lines of
East 8th, East 9th, and East 10th
Streets.
See. 16.27 -The Chief of Police
may issue to any person a special
permit to park a vehicle on Iowa
Street or Central Avenue between
11th Street and 13th Streets only for
the purpose of selling produce upon
the public market and upon ouch
conditions as the Chief shall prescribe.
Such permit shall be either in the
possession of the operator or on the
vehicle at the time the vehicle is so
parked. It shall be unlawful to vio-
late any oY the special terms or con-
ditions thereof.
Lighting Equipmnt
Sec. 17.1 -Every vehicle upon a
street within this city at any time
Prom a halt hour after sunset to a
half hour before sunrise and at any
other time when there is not suf-
ficient light to render clearly discerni-
ble persons and vehicles on the street
at a distance oY five hundred feet
ahead shall display lighted lamps and
illuminating devices as hereinafter re-
spectively required for different class-
es of vehicles, subject to exceptions
with respect to parked vehicles as
hereinafter stated.
Sec. 17.2-Whenever requirement is
hereinafter declared as to the distance
from which certain ]amps and de-
vices shall render objects visible or
withir. which such lamps or devices
shall be visible, said provisions shall
apply during the times stated, fn
Section 171 upon a straight Level un-
lighted highway under normal atmos-
pheric conditions unless a different
time or condition is expressly stated.
Sec. 17.3 - At all times specified,
at least two lighted Tampa shall be
displayed, one at each side at the
front of every motor vehicle except
when such vehicle is parked subject
to the regulations governing lights on
parked vehicles.
Sec. 17.4. Every motor vehicle other
than a motorcycle shall be equipped
with at least two head lamps with
at least one on each side of the front
oY the motor vehicle, which head
lamps shall comply with the require-
ments set forth herein.
Sec. 17.6. Every motorcycle shall be
equipped with at feast one and not
more than two head lamps which
shall comply with the requirements
and limitations set forth herein.
Sec. 17.6. Every motor vehicle and
every vehicle which is being drawn
at the end of a train of vehicles
shall be equipped with a lighted
rear lamp, exhibiting a red light
plainly visible from a distance of five
hundred feet to the rear.
Sec. 17.7. All other vehicles, includ-
ing animal drawn vehicles, shall at
all times when lights arc required of
motor vehicles be equipped with at
]east one lighted lamp or lantern ex-
hibiting awhite light visible from a
distance of five hundred feet to the
front of such vehicle and with a ]amp
or lantern exhibiting a red light visi-
ble from a distance of five hundred
feet to the rear.
Sec. 17.8. The rear lamp called for
in Section 17.6 or a separate lamp
shall be so constructed and placed
as to illuminate with awhite light
the rear registration plate and render
it clearly legible from a distance of
fifty feet to the rear. When the rear
license plate is illuminated by an
electric lamp other than the required
rear lamp, said two lamps shall be
turned on or off only by the same
control switch at al] times whenever
head lamps are lighted.
Sec. 17.9. All requirements of the
motor vehicle laws of the State of
Iowa relating to clearance and identi-
fication Lights oP trucks, trailers ar
semi-trailers shall be complied with
in the operation of such vehicle with
ins the City of Dubuque.
Sec. 17.10. Whenever the load upon
any vehicle extends to the rear four
feet or more beyond the bed or body
of such vehicle, there shall be dis-
played at the extreme rear end of the
load, at the times specified herein, a
red light or lantern plainly visible
from a distant of at least Pive hund-
red feet to the sides and rear. The
red light or lantern required under
this section shall be in addition to
the red rear light required upon ev-
ery vehicle.
At any other time there shall be
displayed at the extreme rear end of
such load a red flag or cloth not less
than sixteen inches square.
Sec. 17.11. Whenever a vehicle is
parked or stopped upon a roadway
or shoulder adjacent thereto, outside
of a business district whether attend-
ed or unattended during the time
lights are required, such vehicle shall
be equipped with one or mare ]amps
which shall exhibit a white light on
the roadway side visible from a dis-
tance of five hundred feet to the
front of such vehicle and a red light
visible from a distance of five hund-
red feet to the rear, unless there is
sufficient illumination on the street
where the vehicle is located to reveal
any person or object within a dis-
tance oP five hundred feet upon such
street.
Any lighted head lamps upon a
parked vehicle shall be depressed or
dimmed.
Sec. 17.12. Any motor vehicle may
be equipped with not to exceed one
spot lamp and every lighted spot lamp
shall be so aimed and used upon ap-
proaching another vehicle that no part
of the high-intensity portion of the
beam will be directed to the left of
the prolongation of the extreme left
side of the vehicle nor more than
one hundred feet ahead of the vehicle.
Sec. 17.13. Every motor vehicle
shall be equipped with a signal lamp
or signal device which is so construct-
ed and located on the vehicle as to
give a signal of intention to stop,
which shall be red or yellow in color,
which signal shall be plainly visible
and understandable in normal sun-
light and at night from a distance
of one hundred feet to the rear but
shall not project a glaring or dazzling
light.
Sec. 17.14. Headlamps and auxiliary
driving lamps shall be so arranged
that the driver may select at wilt
between distributions of light project-
ed to different elevations.
Sec. 17.15. The high light shall have
an uppermost distribution of light,
or composite beam, so aimed and o1'
such intensity as to reveal persons
and vehicles at a distance of at least
three hundred-fifty feet ahead Yor all
conditions of loading.
Sec. 17.16. The low light shall have
a lowermost distribution oP light, or
composite beam, so aimed that when
the vehicle 1s not loaded, none of the
high-intensity portion of the light
which is directed to the left of the
prolongation of the extreme left aide
of the vehicle shall, at a distance of
twenty-five feet ahead, project high-
er than a level of ten inches below
the level of the center of the ]amp
from which it comes. This repuire•
ment shall be deemed to avoid glare
508 Adjourned Regular Session, September 6th, Ig49
at all times regardless of road condi-
tions. When the vehicle is not load-
ed, none of the high-intensity portion
of the light which is directed to the
right of the prolongation of the
extreme left side of the vehicle shall,
at a distance of twenty-five ahead,
protect higher than a level of five
inches below the level oY the center
of the lamp from which it comes. In
no event, shall any of the high-intens-
ity of such lowermost distribution of
light, or composite beam, project
higher than a level of forty-two inch-
es above the level on which the ve-
hicle stands at a distance of seventy-
five or more feet ahead.
Sec. 17.17. All road lighting beams
shall be so aimed and of sufficient
inteusity to reveal a person or ve-
hicle at a distance of at least one
hundred feet ahead.
Sec. 17.18. Whenever the driver of
a vehicle approaches an oncoming
vehicle within five hundred feet, such
driver shall use a distribution of light
or composite beam so aimed that the
glaring rays are not pro]ected into
the eyes of the oncoming driver, and
in no case shall the high-intensity
portion which fe projected to the left
of the prolongation of the extreme
left side of the vehicle be aimed high
er than the center of the lamp from
which it comes at a distance of
twenty-five feet ahead, and in no
case higher than a level of forty-two
inches above the level on which the
vehicle stands at a distance of sev-
enty-five feet ahead.
Sec. 17.19. No person shall drive or
move any vehicle or equipment upon
any highway with any lamp or de-
vice thereon displaying a red light
visible from directly in front thereof.
This section shall not apply to author-
ized emergency vehicles.
No perso^ shall display any color
oY light, other than red on the rear
of any vehicle, except that stop lights
may be red, yellow, or amber.
Sec. 17.20, Flashing lights are pro
hibited on motor vehicles, except
emergency vehicles, except as a
means for indicating a right or left
turn, or intention of stopping.
Brakes
Sec. 18.1. Every motor vehicle, other
than a motorcycle, when operated
upon a street shall be equipped with
brakes adequate to control the move-
ment of and to atop and hold such
vehicle, including two separate means
of applyng the brakes, each of which
means shall be effective to apply the
brakes to at least two wheels. If
these two separate means of apply-
ing the brakes are connected in any
way, they shall be so constructed that
failure of any one part of the operat-
ing mechanism shall not leave the
motor vehicle without brakes on at
least two wheels.
Every motorcycle, and bicycle with
motor attached, when operated upon
a highway shall be equipped with at
least one brake, which may be oper-
ated by hand or foot.
Every trailer or semitrailer of a
gross weight of three thousand
pounds or mare, and every trailer
coach. intended for use for human
habitation, 'shall be equipped with
brakes adequate to control the move-
ment of and to stop and hold such
vehicle and so designed as to be ap-
plied by the driver of the towing mot-
or vehicle from its cab, and said
brakes shall, after January 1, 1939 be
so designed and connected that in
case of an accidental breakaway of
the towed vehicle, the brakes shall
be automatically aPPlied. Every aemi-
trailer of a gross weight of three
Chousand pounds or more shall be
equipped with a separate auxiliary
means of applying the brakes on the
semitrailer from the cab of the tow-
ing vehicle.
Sec. 18.2. 1. The service brakes up-
on any motor vehicle or combination
of motor vehicles, when upon dry
asphalt or concrete pavement surface
Free from loose material where the
grade does not exceed one percent,
when traveling twnty mfles an hour
shall be adequate:
(a) To stop such vehicle or ve-
hicles having a gross weight oP less
than five thousand pounds within a
distance of thirty feet.
(b) To stop such vehicle or ve-
hicles having a grass weight in ex-
cess of five thousand pounds within
a distance oP forty-five feet.
2. Under the above conditions the
hand brake shall be adequate to hold
such vehicle or vehicles stationary on
any grade upon which operated.
3. Under the above conditions the
service brakes upon a motor vehicle
equipped with two wheel brakes only,
and when permitted hereunder, shall
be adequate to stop the vehicle with-
in adistance of forty-five feet and
the hand brake adequate to stop the
vehicle within a distance of fifty-five
feet.
4. All braking distances specified in
this section shat] apply to all vehicles
mentioned, whether such vehicles are
not loaded or are loaded to the maxi-
mum capacity permitted by law.
6. All brakes shall be maintained
in good working order and shall be
so adjusted as to operate as equally
as practicable with respect to the
wheels on opposite aides of the ve-
hicle.
Miscellaneous Equipment
Sec. 19.1. Every motor vehicle when
operated upon a street shall be equip-
ped with a horn in good working
order and capable of emitting sound
audible under normal conditions from
adistance of not less than two hund-
red feet, but no horn or other
warning device shall emit an unreas-
onably loud or harsh sound or a whis-
tle. The driver of a motor vehicle
shall when reasonably necessary to
insure safe operation give audible
warning with his horn but shall not
otherwise use such horn when upon
a street.
Sec. 19.2. No vehicle shall be equip-
ped with nor shall any person use
upon a vehicle any siren, whistle, or
bell. This section shall not apply
to authorized emergency vehicles
but such siren, whistle, or bell shall
not be used except when such ve-
hicle is operated in response to an
emergency call or in the immediate
pursuit of an actual or suspected vio-
lator of the law, in which said latter
events the driver oY such vehicle shall
sound such siren, whistle, or bell
when necessary to warn pedestrians
and other drivers of the approach
thereof.
Sec. 19.3. Loud signaling devices
shall not be used during the period
of from one hour after sunset to one
}lour before sunrise, unless absolutely
necessary to avoid accidents.
Sec. 19.4. Every motor vehicle shall
at all times be equipped with a muf-
fler in good working order and in
constant operation to prevent excessive
or unusual noise and annoying smoke,
and no person shall use a muffler
cut-out, by-pass, or similar device
upon a motor vehicle upon a street.
Sec. 19.5. Every motor vehicle shall
be equipped with a mirror so located
as to reflect to the driver a view of
Adjourned Regular Session, September 6th, 1949 509
the street for a distance oY at least
two hundred feet to the rear of such
vehicle. Any motor vehicle so load-
ed, or towing another vehicle in such
manner, as to obstruct the view in a
rear view mirror located In the driv-
er's compartment shall be equipped
with a aide mirror so located that the
view to the rear will not be obstruct-
ed.
Sec. 19.6. No person shall drive any
motor vehicle equipped with a wind-
shield, aidewinge, or side or rear win-
dows of a material which does not
permit clear vision.
Sec. 19.7. The windshield of every
motor vehicle shall be equipped with
a device for cleaning rain, snow, or
other moisture from the windshield,
which device shall be constructed as
to ba controlled or operated by the
driver of the vehicle.
Sea. 19.8. Every solid rubber fire
on a vehicle shall have rubber on its
entire traction surface at least one
inch thick above the edge of the
flange of the entire periphery. No
pneumatic tiro shall be used on a
motor vehicle when such fire is worn
to the extent that more than two lay-
ers of fabric or cords are exposed on
the entire traction surface.
Sec. 19.9. No person shall operate
or move on any street any motor ve-
hicle, trailer, or semitrailer having
any metal tare in contact with the
roadway.
Sec. 19.10 No fire on a vehicle
moved on a street shall have on its
periphery any block, stud, flange,
cleat, or spike or any other protuber-
ance of any material other than rub-
ber which projects beyond the tread
of the traction surface of the fire
except that it shall be permissible to
use farm machinery with tires having
protuberances which will not injure
the street, and except also that it
shall be permissible to use fire chains
of -reasonable proportions upon any
vehicle when required for safety, be-
cause of snow, ice, or other condi-
tions tending to cause a vehicle to
skid.
Size, Weight and Load
Sec. 2D.1. It shall be unlawful for
any person to drive or move or for
the owner to cause or knowingly per-
mit to be driven or moved on any
street any vehicle or vehicles of a
size or weight, including load, ex-
ceeding the limitations stated in this
ordinance or in the Lawa of the State
of Iowa unless operated under the
terms of a special permit.
Sec. 20.2. No paseenger-type vehicle
shall be operated on any street with
any load carried thereon extending
beyond the line of the fenders on the
left side of such vehicle nor extend-
ing more than six inches beyond the
line of the [enders on the right aide
thereof.
Sec. 20.3. The total outside w[dth
of any vehicle ar the load thereon,
except loose hay or straw, shall not
exceed eight feet.
Sec. 20.4. No vehicle unladen or
with load shall exceed a height of
twelve feet, six inches.
Sec. 20.5. No motor vehicle, trailer,
semitrailer or vehicle, except fire
fighting apparatus, which exceeds
thirty-five feet in length aver all,
nor any combination of such vehicles
coupled together, which exceeds for-
ty-five feet 1n length over all, shall
be operated on the streets
Sec. 20.5. The load upon any ve-
hicle operated alone, or the load upon
the front vehicle of a combination of
vehicles shall not extend more than
three feet beyond the front wheels of
such vehicle or the front bumper of
such vehicle if it is equipped with
each bumper.
Sec. 20.7. No vehicle shall be dHven
or moved on any street unless such
vehicle is so constructed or loaded as
to prevent any of its load drom drop-
ping, sifting, leaking, or otherwise
escaping therefrom, except that Band
may be dropped for the purpoee of se-
curing traction, or water or other
substance may be sprinkled on a
street in cleansing or maintaining such
roadway.
Local Responsibility
Sec. 21.1. No ordinance or regula-
tion enacted under Section 8.1, 12.3
to 12.5 Inclusive shall be effective un-
til signs giving notice of such regula-
tions as called Por are posted upon
or at the entrances to the street or
part thereof affected.
Criminal Responsibility ..
Sec. 22.1. It is a misdemeanor for
any person to do any act forbidden
or to fail to perform any act required
by any of the provisions of this ordi-
nance.
Upon conviction for a violation of
any o[ the provisions of this ordi-
nance, a person shall be punished
by a fine oP not more khan one
hundred dollars or by imprisonment
for not more than thirty days.
Sec. 22.2. Whenever a peace officer
has reasonable cause to believe that
a person hoe violated any provisions
oP this ordinance, such officer may:
1. Immediately arrest such person;
or
2. Without arresting the person,
prepare in triplicate a written sum-
mons to appear In court containing
the name and addeess of such person,
the operator's or chauffeur's ]icenee
number if any, the registration num-
oer if any, of his veh ole, the offense
charged, and the time when and the
place where such person shall appear
in court.
Sec. 22.3. The clerk of court shall
keep a full record of every case in
which a person is charged with any
violation oP this ordinance.
Within ten days after a conviction
or forfeiture of bail of a Derson upon
a charge of violating any provision of
this ordinance said clerk shall pre-
pare and immediately forward to the
department oP public safety an ab-
stract of the record of said court
covering the -case in which said per-
son was so convicted or forfeited ball,
which abstract must be certified by
the person so required Eo prepare the
same to be true and correct.
Sec. 22.4. Any peace officer is auth-
orized to stop any vehicle to require
exhibition of the driver's operator or
chauffeur license, to serve a sum-
mons or warning oP traffic violation,
to inspect the condition of the ve-
hicle, to inspect the vehicle with ref-
erence to size, weight, cargo, bills
of lading or other manifest of employ-
ment and safety equipment, or to in-
spect the registration certificate, the
compensation certificate, travel order
ar permit of such vehicle.
Sec. 23. If any rule, section or part
of this ordinance shall be held to be
invalid or unconstitutional by any
court of competent tuetadiction, each
invalidity or unconstitutionality shall
not affect the validity of the remain-
ing parts of this ordinance, and the
City Council of the City of Dubuque
hereby declares that it would have
passed the remaining parts of this
ordinance if it had known that ouch
part or parts hereof would be de-
clared unconstitutional or illegal.
51o Adjourned Regular Session, September 6th, 1949
Sec. 24. Th1a ordinance being deem-
ed urgent and in the interest of public
antes shallltb~e ineforcenand effect
from and after its final passage and
adoption by the City Council and
publication ae provided by law.
Passed upon Plrat reading this 29th
day oY August, 1949.
Passed, adopted and approved up-
on final reading this 6th day o4 Sep-
tember 1999.
Albert Wharton
Mayor.
F.W. Thompson
Frank Van Duelman
Clarence P. Welu
Councilmen.
ATTEST:
J. J. Shea
City Clerk
SCHEDULE I
In accordance with 10.6 and when
properly eignpoated, traffic shall move
only In the direction indicated upon
the following streets or alleys or parts
thereof:
Traffic shall move northerly:
In the alley between Iowa Street and
CenUal Avenue from Weet 9th SUeet
to Loras Boulevard.
In the alley between Locust Street
and Main SUeet from Jones to West
12th SUeet.
Traffic shall move southerly:
In the alley between Central Ave-
nue and White Street Trom East 4th
St. to East 14th St.
In the alley between Maln SUeet
and Iowa Street from West 2nd Street
to Weat 12th SUeet.
SCHEDULE II
In accordance with the provisions
of Section 12.3 and when signs are
erected giving notice thereof, drivers
of vehicles shall stop at every inter-
section before entering any of the
following streets which are designat-
ed as through streets:
A. Jackson Street from the north
line oY East 12th Street to the north
line of East 32nd Street.
B. Central Avenue from the north
line of 9th Street to the Northerly
terminus of said Avenue.
C. Rockdale Road from its souther-
ly terminus at the city imita north to
its junction with South Locust Street,
South Locust Street north to its junc-
tion with Locust Street, and Locust
Street north to the north line of
West 17th Street.
D. Elm Street from the south line
of Eaet 12th Street to the south line
of East 20th St.
E. East 20th Street from the east
property line of Central Avenue to
the east line o[ Elm Street; thence
an Rhomberg Avenue to the west ap-
proach of the Dubuque - Wisconsin
Bridge.
F. East 14th Street from the west
line of Elm Street to the east line
of Central Avenue.
G. Loras Boulevard from the west
line of Central Avenue to the north
property line o! University Boulevard.
H East 12th Street from the east
property line of Elm Street to the
east Ilne of Central Avenue.
I. West 12th Street Prom the west
line of Central Avenue to the east
line of Locust Street; thence from the
west line of Locust Street to the
west property line o[ Grove Terrace.
thence north on Grove Terrace to the
north line of Arlington Street; thence
west on Arlington Street to the west
]Ina of Highland Place.
J•. Eighth Avenue from the west
line of Central Avenue to the ex-
tension of the west line of Hill Street
K. University Avenue from the
north property line of 8th Avenue to
is westerly terminus at the City Lim-
ts.
L. Hill Street from the extension of
he south line of Bth Avenue to the
north property line of West 3rd
itreet.
M. West 5th Street from the east
property line of Wilson Avenue to the
west line of College Street.
N. West 3rd Street from the west
property line of Hill Street to the
east line of North Grandview Avenue
0. Dodge Street from the went line
of Locust Street to its westerly termi-
nus at the city limits.
P. 4th Street from the east line of
Central Avenue to the east line oP
Main Street.
Q. North and South Grandview Ave-
nue from the south property line of
Delhi Street to the north and weal
line oP the Rockdale Road; thence
from the south and east line oP the
Rockdale Road to its easterly termi•
nus.
R. Windsor Avenue from the north
property line of Rhamberg Avenue to
the south property line of Davis Ave-
nue.
SCHEDULE III
In accordance with Section 12.4 the
following are designated as Stop
Intersections and when signs are
erected giving notice thereof, driv-
ers of vehicles shall stop before en-
tering said intersections from direc-
[ions indicated:
Vehicles traveling east and west
must stop before entering:
West 7th Street and Iowa Street.
West 9th Street and Iowa Street.
West 1st Street and Main Street.
West 17th Street and Main Street.
Vehicles traveling west must atop
before entering:
West 3rd and Bluff Street.
Vehicles traveling north and south
must stop before entering:
Avoca Street and Rosedale Street.
East 21st SUeet and Washington
Street.
East 21st SUeet and Elm Street.
SCHEDULE IV
In accordance with Section 16.5 and
when signs are erected giving notice
thereof, no person shall parka ve-
hicle far a period of time longer
than hereinafter indicated between
the hours of 9 A.M. and 6 P.M. on
any day except Sundays and public
holidays upon the atreeta or parts of
streets as follows:
1. For longer than one hour upon
the following atreeta:
a. Both aides of Main Street from
West 1st Street to West 4th SUeet
and from Weat 11th Street to Loras
Boulevard.
b. Both sides of Locust Street from
West 4th Street to Weat 6th Street
and from West 10th Street to West
12th Street.
c. Both sides of Iowa Street from
West 4th Street to West 0th Street
and from West 10th Street to Loras
Boulevard.
d. Both sides of West 5th Street;
where there are no parking meters,
from Locust Street to Iowa Street.
e. Both sides of West 11th Street
from Locust Street to Iowa Street.
f. Both aides of 8th Avenue from
Bluff Street to the westerly line of
Hill Street.
2. Far longer than two hours upon
the following streets:
a. Both aides of Main Street from
Jones Street to West lot Street.
b. Both sides of Shields Street from
Jones Street to Main Street.
c. Both aides of Bluff Street from
West 1st Street to West 6th Street
Adjourned Regular Session, September 6th, 1949 511
and from West 10th Street to Weat
12th Street.
d. Both sides of Central Avenue
from 4th Street to 6th Street; from
10th Street to 12th Street and from
14th Street to 24th Street.
e. Both aides of Locust Street from
Jones Street to West 4th Street and
West 12th Street to Loras Boulevard.
f. Both aides of West lot Street
from .Iowa Street to Bluff Street.
g. Both sides of West 2nd Street
from Iowa Street to Locust Street
h. Both sides of West 3rd Street
from Iowa Street o Locust Street.
i. Both aides of West 9th Street
From Central Aven a to Bluff Street.
j. Both aides o esb 5th Street
from Central Ave ue to Iowa Street,
from Locust Str et to Bluff Street
and the north sI a of West 5th ;;treat
from Bluff Str t to 196 feet nest
thereof.
k. Both sides of West 10th Stree~.
from Central Avenue to Iowa Street
and from Locust Street to Bluff
Street.
1. Both sides of West 11th Street
from Central Avenue to Iowa Street
and from Locust Street to Bluff
Street.
m. Bath sides of West 12th Street
from Central Avenue to Bluff Street.
n. Both sides of West 13th Street
from Centro] Avenue to Main Street.
o. Both aides of East 5th Street
from Central Avenue to White Street.
p. Both sides of East 7th Street
from Central Avenue to White Street
and the south side only between Jack-
son Street and Washington Street.
q. Bokh sides of East 9th Street
from Centro] Avenue to White Street
and the south side only between Jack-
son Street and Washington SUeet.
r. Both sides of East 10th Street
from Central Avenue to White Street.
s. Both sides oP White Street from
East 10th Street to East 12th Street.
SCHEDULE V
In accordance with Section 16.,6
the following streets and parts of
streets are declared Parking Meter
Zones within which no vehicle shall
park contrary to the provisions of
the said section:
a. Central Avenue from 6th Street
to 10th Street and from 12th Street
to 19th Street
b. Iowa Street from West 6th Street
to Weat 10th Street.
c. Main Street from Weat 4th
Street to West 11th Street.
d. Locust Street from West 5th
Street to West 10th Street.
e. Bluff Street from West 6th Street
to West 10th Street.
L West 5th Street on the northerly
side thereof from the alley between
Main and Locust Streets to the alley
between Main and Iowa Streets.
g. West 6th, 7th, 8th and 9th Streets
from Central Avenue to Bluff Street.
fi. West 10th Street from Locust
Street to Iowa Street.
SCHEDULE V1
In accordance with Section 16.22
and when signs are erected giving
notice thereof, no person shall, at
any time, park a vehicle upon any
of the following described sUeets or
parts of streets:
a. The southerly side of West 6th
Street from the west line of Bluff
Street to a point opposite the west
line of lot 12 of Correps' Dubuque
and on the northerly side of West
6th Street beginning at a point 19f,
feet west of the west line of Bluff
Street and extending thence westerly
to the west line of Lot 12 of Corrells'
Dubuque.
b. On the south aide of West 11th
Street from Prairie Street to Race
Street.
c. On the weal side of Race SUeet
from West 11th Street to Rose
Street.
d. On the south and west side of
West 12th Street from Bluff SUeet
to Grove Terrace.
e. On the east side of Grove Ter-
race from 11th Street to Arlington
Street.
f. On the south side of Arlington
Street from Grove Terrace to Prairie
Street.
g. On the south aide of Jefferson
Street from Walnut Street to Olive
Street.
h. On the west side of Summit
Street from Weat 3rd Street to West
5th Street.
i. On the west side of Algona
Street from University Avenue to
Bennett Street.
). On the east aide of Walnut
Street from University Avenue to
Loras Boulevard.
k. On the east side of Sumner
Street from Lincoln Avenue to Rhom-
berg Avenue.
1. On the south aide of Weat 3rn
Street from Bluff Street to Burch
Street.
m. On the east aide of Booth
Street from University Avenue [o
West 6th Street.
n. On the west aide of Ah• H111
Street from University Avenue to 8th
Avenue.
o. On the West side of Wilson Ave-
nue from University Avenue to 8th
Avenue.
p. On the south aide of Delhi Street
from Allison Street to Grandview Ave-
nue.
q. On the west aide of Washington
Street from East 29th Street to Eaet
25th Street.
r. On the north side of West 29th
Street from Central Avenue to Broad-
way.
s. On the both sides of East 12th
Street from Central Avenue to White
Street.
t. On the north side of East 30th
Street from the east aide of Jackson
Street to a point 334 feet easterly
thereof.
Published officially in The Tele-
;raph-Herald newspaper this 16th day
~f September, 1999.
J.J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the ordinance, Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Thompson, Van Duelman,
Welu.
Nays - None.
Absent -Councilman Russo.
Proof oP publication, certified to
by the publishers, of a statement
of receipts and also a list of
claims for which warrants were
drawn during the month of July,
1949, presented and read. Council•
man Van Duelman moved that the
proof of publication be received
and filed. Seconded by Councilman
512 Adjourned Regular Session, September 6th, 1949
Thompson. Carried by the follow-
ing vote:
Yeas -Mayor Wharton, Council•
men Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
September 6, 1949.
To the Honorable ,Mayor and City
Council.
Gentlemen:
Referring to attached petition of
Mrs. John Gilligan requesting re•
zoning of her property at 1065
Loral Blvd. from single to multiple
family classification, the Planning
and Zoning Commission respect-
fully recommends that the propos-
ed rezoning be not allowed, for the
reason that the rezoning of a
single lot to multiple classifica•
lion in an otherwise solid single
family district, dees not conform
with sound zoning principles, and
is contrary to the established pol•
icy of the Commission. Several
State Courts have ruled such spot
zoning illegal.
Yours truly,
DUBUQUE PLANNING &
ZONING COMMISSION
Richard V. McKay, Secretary
Councilman Van Duelman moved
that the recommendation of the
Planning and Zoning Commission
be approved. Seconded by Council-
man Thompson, Carried by the
following vote:
Yeas -Mayor Wharton, Council•
men Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo,
September 2, 1949.
To the Honorable Mayor and City
Council, Dubuque, Iowa
Gentleman:
We respectfully present for your
consideration the attached peti-
tion of Mr. Charles H. Rhomberg
requesting the rezoning of h i s
property known as "Rhomberg
Park" on Rhomberg Avenue just
southeast of Shires Avenue Pram
two family to multiple family class-
ification, said petition bearing the
signature o4 all but two property
owners within 200 feet of the area.
In view of practically unanimous
consent of the aft-acted property
owners, the Planning and Zoning
Commission recommends to your
honorable body approval of the
proposed rezoning.
Yours truly,
DUBUQUE PLANNING &
ZONING COMMISSION
Richard V. McKay, Secr.
Councilman Van Duelman moved
that the recommendation of the
Planning and Zoning Commission
be approved and the proper pro-
ceedinga ordered prepared. Second•
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Council•
men Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
September 6, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
At a meeting of the Planning
and Zoning Commission Septem•
bar 1, 1949 a solution agreeable
to all interests was reached con-
cerning the proposed rezoning of
the sacalled Heim Brickyard prop-
. arty at Central Avenue and 32nd
Street by restricting somewhat the
area originally proposed for re•
zoning.
Therefore, the Planning & Zon-
ing Commission wishes to amend
its recommendation of August 1,
1949 and recommend to your Hon•
orable Body the rezoning from
Single Family to Light Industrial
classification of only Lots 2, 3, 4,
5, 7 and S of Heim Sub, and
eliminating Lots 1 and 6 of Heim
Sub, Lots 2 of 2 and 2 of 1 of 2
of M. L. 363.
Respectfully submitted,
DUBUQUE PLANNING &
ZONING COMMISSION
Richard V. McKay
Secretary.
Councilman Thompson moved
that the recommendation of the
Planning and Zoning Commission
be approved. Seconded by Council•
man Welu. Carried by the follow-
ing vote:
Yeas -Mayor Wharton, Council•
men Thompson, Van Duelman,
Welu.
Nays -• None,
Absent -Councilman Rnsao.
Adjourned Regular Session, September 6th, 1949 513
ORDINANCE N0, 34-49
An Ordinance amending a n d
changing the Zoning Map of the
City of Dubuque as provided by
Ordinance No. 3.34, designated
"Zoning Ordinance of the City of
Dubuque" so as to change certain
property hereinafter described
from "S[ngle Family Classification"
and "Local Business Classification"
all to "Light Industrial Classifies~
tton;' presented and read. Council-
man Thompson moved that the
reading just had be conaiflered
the first reading of the ordinance,
Seconded ,by Councilman Van Duel•
man. Carried by the following
vote:
Yeas -Mayor Wharton, Coun•
cilmen 'Thompson, Van Duelman,
Welu.
Nays -None.
Absent -• Councilman Russo,
Councilman Thompson moved
that- the rules be suspended re•
quiring an ordinance to be read
on three separate days. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo,
Councilman Thompson moved
that the ordinance be placed on
ffle with the City Clerk for public
inspection for at least one week
before its final adoption. Seconded
by Councilman Welu. Carrted by
the following vote:
Yeas -Mayor Wharton, Council•
men Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
ORDINANCE N0. 35-49.
Au Ordinance granting to Fay
Miller the right to construct a
sanitary sewer in 5tetmore Street
and Marion Street to serve his
property, describing the conditions
of tihe grant, regulating the use
of said sewer and future connec-
tions therowith, presented a n d
read. Councilman Thompson moved
that the reading just had be con•
sidered the first reading of the
ordinance. 9ecanded by Council•
man Van Duelman. Carried by the
following vats:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu,
Nays -None.
Absent -Councilman Russo.
Councilman Thompso^ movefl
that the rules be suspended re-
quiring an ordinance to be read on
three separate days, Seconded by
Councilman Welu, Carried by the
following vote:
Yeas -Mayor Wharton, Coun•
cilmen Thompson, Van Duelman,
Welu,
Nays -None.
Absent -Councilman Russo.
Councilman Thompson moved
that the ordinance be placed on
file with the City Clerk for public
inspection far at least one week
before its final adoption. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Wharton, Coun•
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
6 September 1949.
Honorable Mayor and
Members of the City Council of
Dubuque
City of Dubuque, Iowa
Gentlemen:
With reference to the numerous
objections to the proposed sewer
assessment for the construction of
sanitary sewers and appurtenancex
thereto in the Bradley Street sew•
er district, the notice of assess~
went was not published according
to statute, and juriadictfon to
assess is not acquired until legal
notice is published. I recommend
that a new time and place be
fixed for hearing on the assess-
ment and that notices be publish-
ed according to statute.
Yours truly,
John J. Kint2inger
City Solicitor.
Councilman Thvmpsoa moved
that the recommendation of City
Solicitor Kintzinger be approved,
Seconded by Councilman Welu,
Carried by the following vote:
Yeas -Mayor Wharton, Council-
man Thompson, Van Duelman,
Welu.
Nays -None.
Absent - Caanellman Rosso.
514 Adjourned Regular Session, September 6th, 1949
Councilman Welu moved that
the City Clerk be directed to pre•
pare and have published, on be-
half of the City Council, notices of
levy of special assessment for the
construction of sanitary sewers
and appurtenances in what is
known as the Bradley Street Sew-
er District as delimited by Ordi•
nonce No. 23-48 in accordance
with Section 391.53 of the Cade
of Iowa 1946. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Proof of publication, certified to
by the publishers, of notice of levy
of special assessment and inten-
tion of the City Council to issue
bonds for the improvement of Dun-
leith Street from the west prop-
erty line of Southern Avenue to
the end, presented and read. Coun-
cilman Van Duelman moved that
the proof of publication be re-
ceived and filed. Seconded b y
Councilman Thompson. Carried by
the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu,
Nays -None.
Absent -Councilman Russo.
Petition of Edgar J. and Pearl
E. Connelly requesting the City
Council to view the premises be•
fore levying the proposed special
assessment against Lot 2 of the
Sub. ofloflofBoflofloYlof
Mineral Lot 24 for the improve•
ment of Dunleith Street and re-
questing relief in the amount of
the proposed assessment, present-
ed and read. Dr. Edgar J. Connelly
addressed the Council in support
oY his petition. Councilman Thomp•
son moved that the petition be
referred to the Council to view
the grounds: Seconded by Coun-
cilman Welu, Carried by the fol-
lowing vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Councilman Welu moved that
the City Clerk be directed to pre-
pare and have publish, on be•
half of the City Council, notice of
levy oY special assessment for the
improvement of Dunleith Street
from the west property line of
Southern Avenue to the end in
accordance with Section 391.53 of
the Code of Iowa 1946. Seconded
by Councilman Thompson. Carried
by the fallowing vote:
Yeas - Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
(Awarding Contract)
RESOLUTION N0. 257.49.
WHEREAS, proposals have been
submitted by contractors for the
improvement of Balke Street from
the north curb line of Lowther
Street to the south curb line of
Groveland Place pursuant to
Resolution No. 238-49 and K-M
Construction Company contractor,
has submitted the lowest bid for
the furnishing of all labor and
materials and performing the work
as provided for in the plans and
specifications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract Yor the above
mentioned improvement be award-
ed to K-M Construction Company
and the Manager be and he is
hereby directed to execute a con-
tract on behalf of the City of
Dubuque for the complete perform•
ante of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
became effective from and after
its passage and adoption by the
City Council.
Approved and placed on file far
one week on August 29th 1949.
Passed and adopted this 6th day
of September, 1949.
ALBERT WHARTON
Mayor.
F, W. THOMPSON
FRANK VAN DUELMAN
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Adjourned Regular Session, September 6th, 1949 515
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Car•
tied by the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
(Awarding Contract)
RESOLUTION N0. 258.49
WHEREAS, proposals have ,been
submitted by contractors to con-
struct eight (8) inch sanitary sew-
ers in the following locations:
(1) Beginning at the existing
M. H. located at the intersection
of Burden Avenue and Link Street
and running west in Link Street to
the intersection with the center
line of Balke Street; thence north•
westerly along the centerline oY
Balke Street to a point 100 Peet
northerly Yrom the northerly prop•
erty line of Strauss Street.
(2) Beginning at the intersec-
tion of the center lines oP Balke
and Link Streets and running west
a distance of 28 feet 8 inches.
(3) Beginning at the intersec-
tion of the center line of Balke
and Strauss Streets and running
westerly along the center line of
Strauss Street to the intersection
of Brunswick Street; thence south-
erly in Brunswick Street to the
intersection with the center line aY
Link Street, pursuant to Resolu-
tion No. 232.49 and Thos. Flynn
Coal Company contractor, has sub-
mitted the lowest bid for t h e
furnishing of al] labor and material
and performing the work as pro-
vided for in the plans and specifi-
cations; now therefore,
BE IT RESOLVED by the City
Council of the City o4 Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thos. Flynn Coal Company
and the Manager be and he is
hereby directed to execute a con-
tract on behalf of the City of Du-
buque for the complete perform-
ance oY said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Council.
Approved and placed on Yile for
one week on August 29th 1949.
Passed and adopted this 6th day
of September, 1949.
ALBERT WHARTON
Mayor,
F. W. THOMPSON
FRANK VAN DUELMAN
CLARENCE P, WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec•
onded by Councilman Thompson.
Carried by the following vote:
Yeas - Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None,
Absent -Councilman Russo.
(Awarding: Contract.)
RESOLUTION N0.259-~9
WHEREAS, proposals have been
submitted by contractors for the
construction of eight (8) inch sani-
tary sewers in the following loca-
tions:
(1) Beginning at manhole num-
ber 35 on the Kaufman Avenue
Trunk Sewer and running south-
easterly to the intersection of the
centerline of Avoca Street Ext. and
the alley second north of Hazel
Street; thence south along the cen-
terline of Avoca Street Extension
to the centerline of Ungs Street;
thence east along the centerline of
Ungs Street to the centerline of
Hoyt Street; thence north along
the centerline of Hoyt Street to the
prolongation of the south line of
lot 6 of Pfohl Subdivision.
(2) Beginning at the intersection
of the centerline of the alley second
north of Hazel Street and the
Kaufman Avenue Trunk Sewer and
running west along the centerline
of said alley to the prolongation of
the east line of lot No, 83 of Finley
Addition,
(3) Beginning at manhole num-
ber 39 of the Kaufman Avenue
Trunk Sewer and running east
along the centerline of Hazel Street
to the prolongation of the west line
of lot No. 50 of Finley Addition
pursuant to Resolution No, 234-49
516 Adjourned Regular Session, September 6th, 1949
and Larson Constructign ComPanY
contractor, has submitted the low•
est bid for the furnishing of all
labor and materials and performing
the work as provided for in the
plans and specifications; now
therefore,
13P IT RESOLVED by the City
Council oY the City of Dubuque that
the contrast for the above men-
tioned improvement be awarded to
Larson Construction Company and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective frem and after
its passage and adoption by the
City Council.
Approved and placed on file for
one week on August 29th, 1949.
Passed and adopted this 6th
day of September, 1949.
ALBERT WHARTON
Mayor.
F, W, TIiOMPSON
FRANK VAN DUELMAN
CLARENCE P. WELU.
Councilmen.
Attest: J. J. Shea
City Clerk.
Councilman Welu moved the a-
doption of the resolution. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
(Awarding. Contract.)
RESOLUTION N0. 260--49
WHEREAS, proposals have been
submitted by contractors for the
construction of an eight (S) inch
sanitary sewer described as fol-
lows: In Lincoln Avenue from the
existing manhole at the intersec-
tion of Lincoln and Rhomberg Ave-
nues to a point 296.3 feet west;
also in Rhomberg Avenus from the
centerline of Lincoln Avenue to a
point 184 feet north, pursuant to
Resolution No. 236-49 and Larson
Construction CgmpanY contractor,
has submitted the lowest bid Eor
the iurnishing of all labor and ma•
teriaia and performing the work as
provided for in .the plans and speci-
fications; raw therefore,
BE IT RESOLVEI) by the City
Council of the City of Dubuque that
the contract for the above men-
tioned improvement be awarded to
Larson Construction Company and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work,
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Council.
Approved and placed oa file for
one week on August 29th 1949.
Passed and adopted this 6th
day of September, 1949.
ALBERT WHARTON
Mayor
F. W. THOMP5ON
FRANK VAN DUELMAN
CLARENCE P. WELU
Councilmen.
Attest: J. J. Shea
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Carried
by the following vote:
Yeas - Mayor Wharton, Coun•
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
RESOLUTION N0.284-49
Whereas, bids have been submit-
ted ,to the City Council for engi-
neering services on the grade sepa-
ration project located in the vicin•
ity of East 14th and Elm Streets
in the City of Dubuque, Iowa;
And Whereas, the City Council
of the City o4 Dubuque has decided
that said contract should be award-
ed tc Iloll Designing Company and
Associates of the City of Dubuque,
Iowa;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
1OWA, that the contract for engi-
peering services. to be perform®d
Adjourned Regular Session, September 6th, 1949 517
on the grade separation project lo-
~aated ~in the vicinity oY East 14th
btreet and Elm Street, Dubuque,
Tows be and the same is hereby
awarded to the Holl Designing
Company .and Associates in accord-
ance with the terms and conditions
of the contract attached hereto and
made a part hereof by this refer-
ence.
BE IT FURTHER RESOLVED
that the Mayor and Clerk of the
City of Dubuque be and they are
hereby directed and authorized to
execute said contract on behalf of
the said Gity of Dubuque, Iowa, a
copy of said contract .being hereto
attached and made a part hereof.
Approved and placed on file for
one week for public inspection this
29th day of August, 1949,
Passed, adopted and approved
this fith day of September, 1949.
ALBERT WHARTON
Mayor,
F. W. THOMPSON
FRANK VAN DUELMAN
CLARENCE P, WELU
Councilmen
Attest: J. J. Shea
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
anded by Councilman Welu. Carried
iby the fallowing vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
tbNTRACT FOR ENGINEERING
SERVICES ON GRADE
SEPARATION PROJECT
BETWEEN
CITY OF DUBUQUE
AND
HOLL DESIGNING
COMPANY AND ASSOCIATES
THIS AGREEMENT made and
entered into thfa Bth day of Sep-
tember, 1949, by and between the
rCIT'Y OF DUBUQUE, IOWA, here-
lnafter called the "City", and the
engineering firm of ROLL DE-
~IGNING COMPANY AND ASSO•
ICIATES, hereinafter called the
'Engineer".
WITNESSETH:
WHEREAS, the City is contem-
~'iating the construotion of a rail-
road grade separation project in
the vicinity of East Fourteenth
Street and Elm Street, to be 1o-
ca~Ged on City property owned or to
be acquired, within the corporate
1lmiba of the City, and :upon such
parcels or privately owned property
+far which easements are to be pro-
vided, and
WI3EREAS, the Engineer has
represented himself to be thorough•
1y qualified and experienced iu the
design and construction of such
matters of .grade separation proj-
ects and capable of serving the
-City in such matters,
NOW, THEREFORE, AND IN
CONSIDERATION of pertain a-
mounts hereinafter apeoified to he
pa4d to the Engineer by the City,
the Engineer agrees to flc, at his
own cost and expense, all of the
engineering work hereinafter spe-
cified to the full satisfaction of the
City Manager and his duly author-
ized representatives.
DIVISION "A"
PREL1'MINARY
I:NGI'NEERbP4G 6ERVkCES
1. Under this division of the
work, the Engineer shall make a
thorough review of all preliminary
surveys, plans, data, maps and re'
ports hitherto prepared by others.
2. The Engineer shall make fur•
ther investigations and surveys,
and shall assemble additional data
as may be needed for an up-to-flats
investigation for preparation of pre•
liminary plans, estimates, and an
up-to-date preliminary engineering
report an the problem of 'the pro•
posed grade separation, for the City
of Dubuque, Iowa.
3. Should it be deemed ~~~es~
sary or advisable, the Engineer
shall call in an associate engineer
experienced in this type oY con•
structfon for consultation, which
shall .be at the Engineer's expense.
4. The Engineer shall anperin-
tend the making of any neoeasary
test borings or test .pits which may
be needed for the groper location
and preliminary design of the vari•
pus features of the work. The coats
of such work, however, are not to
be included fn the Engineer's fees
as hereinafter set forth, but suoh
labor sha}1 be performed by -City
Eoroes.
518 Adjourned Regular Session, September 6th, 1949
5. During the preliminary engi•
nearing work, the Engineer shall
hold necessary consultations with
City officials, Railroad repreaenta•
fives, State officials, Federal ofYi•
vials, industries and other interest-
ed parties. -
6. The Engineer shall provide for
the City of Dubuque fifteen (16)
copies of the completed prelimin•
ary plans and report. Additional
copies, if requested, shall be fur-
nished at cost.
The charges for the work up to
the time of delivery of the Report
shall ba Fifteen Hundred Dollars
($1,500.00). This amount shall be
due and payable .by the City oY Du•
buque upon completion and sub•
mission of the Preliminary Plane
and Report.
DIVISION "B" -NEGOTIATIONS
For necessary Conferences or
hearings held after submiaeion of
the preliminary report, the Engin-
eer shall be paid a per diem of
Fifty Dollars ($50.00) plus travel
expenses. Such work will only be
undertaken on specific request and
direction of the City.
DIVISION "C" -DETAILED DE•
SIGNS AND CONSTRUCTION
DRAWINGS, SPECIFICATIONS &
CONTRACT DOCUMENTS
After completion of work cover-
ed by Division "A", the extent
and scope of work to be done
under this Division "C" must be
specifically ordered by the City.
1. The Engineer shall furnish a
complete design of ;the project, in-
cluding the preparation of general
and detailed plans and apecifica•
bone and detailed estimates of
costs, furnish all property, bound-
ary and right-of-way surveys, and
furnish forms for proposals, ad•
vertisement oY construction con•
tracts, and ~bonde,
2. During the early part of the
design period, the Engineer shall
obtain from the City and any in•
tereated Railroad and other Gov
ernmental Agencies having juris-
diction, any required preliminary
approvals pertaining to the bases
of design, capacities, clearances,
etc., and shall finally obtain any
such necessary approvals of the
completed plane and specifications.
3, The Engineer shall superin•
tend the making of any necessary
test borings or test pits which
may be needed for the proper
design oY the various features of
the work. The costa of such work,
however, are not to be included
in the Engineer's fees as herein-
after set forth, and such labor
work is to be performed by City
forces.
4. The Engineer shall assist, in
connection with the specifications
for the various features of the
work, in the preparation of pro•
posal forms, contract forms, bond
farms, and all other features of a
complete contract document for
construction purposes,
5. The Engineer shal, if request-
ed, assist the City's legal staff in
the preparation of any necessary
City ordinances required in connec•
lion with the proposed improve-
ments. ~
6, The Engineer 'shall, at all
times, keep the City's representa-
tives and others in authority fully
informed as to the design and
cost features of the various ele•
marts in the proposed grade separ-
ation.
7, The Engineer shall supply,
for the use of the City, fifteen
(15) copies of the detailed plans
and specifications and contract
documents, and any additional sets
of plans and specifications shall be
paid for by the City, at cost, out
of project funds and not out o!
engineering fees, or shall ,be furn-
ished, if the City prefers and so
directs, to prospective bidders un-
der the customary Holl Designing
Company and Associates deposit
for plans arrangement whereby En-
gineer is paid for cost of such
sets.
For the above outlined engineer-
ing services in Division "C", the
Engineer's fee shall be three and
one-half percent (3~ percent) of
the estimated construction coat of
the work. This amount shall be
due and payable in monthly pay-
ments according to the progress of
the work, with the final payment
due and payable upon completion
and delivery oY the detailed plane
and specifications to the City, and
Adjourned Regular Session, September 6th, 1949 519
shall be based upon the Engineer's
estimated cost of the work as
approved by the City of Dubuque.
Ii construction contracts a r e
awarded on all or part of the
work covered by this Division "C"
of the contract within six (6)
months after the completion oY
the work covered by Division "C",
then the fees due under Division
"C" for such work as is so placed
under contract, shall be adjusted
on the basis of actual construction
casts rather than being based on
estimated construction coat, If, how-
ever, no such construction con-
tracts are awarded within six (6)
months after the completion of
the work covered by Division "C",
then there shall be no adjustment,
either upward or downward, in
the engineering Yees payable under
Division "C". The estimates of con-
struction cost used for billing pur•
poses shall be based upon the
Engineer's estimated cast of the
work and subject to the approval
of the City Manager and his duly
authorized representatives.
The work under Division "C" of
this contract shall be started .by
the Engineer only after written
authorization by the City of Du-
buque and only after the Report
required by Division "A" of this
contract has been submitted to
the City of Dubuque and approved
by it.
DIVISION "D" -GENERAL
SUPERVISION OF CON8TRUC•
TION
1. When the City is ready to
advertise for bids for the proposed
construction work, the Engineer
shall assist the City in interesting
experienced and qualified contrac-
tors in bidding on the work,
shall assist the City in canvass-
ing contract bids and in investigat-
ing the qualifications of bidders,
and shall assist the City is the
awarding of construction contracts.
2. The Engineer shall prepare
all necessary maps and sketches
and assemble any other necessary
engineering information incidental
to obtaining from .the State, Coun-
ty, Township, Federal government,
and - or others, any permits or
licenses that may be necessary in
the prosecution of the conatruc•
lion work.
3. The Engineer shall carefully
check any equipment drawings
furnished by manufacturers who
are to supply equipment or mat-
terials for the week, including steel
company drawings of reinforcing
steel.
4. A competent representative
of the firm shall visit the construc-
tion work as oaten as necessary,
and whenever requested b y
the City, during the construction
period, going over the work in
detail with the Resident Engineer
and contractors, and attending,
whenever requested, conferences
with City officials and others in
authority to discuss the work.
5. The Engineer shall check and
approve monthly and final ~~~~~
mates of payment to contractors
or the cost records if any work is
done by force account.
6. The City shall furnish the
necessary services of independent
testing laboratories or testing en-
gineers for the testing of all mat-
erials incorporated into the con•
struction work, or the construction
contractors under the specifics"
lions shall be required to finish
such services,
7. The Engineer shall make final
inspection of and approve the
final completion of the construc-
tion work.
8. The. Engineer shall furnish to
the City, upon the completion of
the work, a complete set of as•
built final construction drawings.
For the engineering services in-
cluded under Division "D" of this
contract, the Engineer's charge
shall be one and one-half percent
(i~ percent) of the actual con•
struction coat of the' work. This
amount shall be due and payable
monthly according to the progress
of the construction work, a n d
shall be based upon the Engineer's
estimates for work performed by
the construction contractors or by
City force account, as the case
may be.
DIVISION "E" -DETAILED
SUPERVISION AND INSPECTION
OF CONSTRUCTION
1. If requested by the City, the
Engineer shall place on the work
52o Adjourned Regular Session, September 6th, 1949
ens; f 1} eompetent, experienced,
full-time Resident Engineer to lay
eut.and supenuise the construction
work under the general supervision
of the Consulting Engineers. If,
duE to construetion being carried
on at a number of locations simul-
taneously,. it is impossible for one
(1) Resident Engineer to inspect
groperly all work in progress, then
the Engineer, at the request of
the City, or the City itself, shall
furnish additional Assistant Resi-
dent Engineers and or Inspec•
tion Engineers necessary for the
groper construction of the work.
It is understood and agreed that
the selection of personnel of Resi-
dent Engineer, Assistant Resident
Engineers, and Inspection Engi-
neers shall be mutually satisiac•
tore to the City and the Consult-
ing Engineers. If furnished by the
Engineer, the City shall pay for
the services of Resident Engineer,
Assistant Resident Engineers, and
Inspecting Engineers actual wages,
plus ten percent (10 percent) to
cover travel expenses, payroll tax-
es, compensation insurance, un-
employment insurance, hospital
and life insurance premiums, vaca-
tfon allowances, sick time, etc., etc,
It is understood that any neces-
sary appropriations of funds cover-
ing the various divisions of this
contract have been made or will
be made or otherwise arranged
for .by the City as the work pro•
grasses. It is agreed that the City
will inform the Engineer regard-
ing the pertinent appropriations of
foods or other arrangements for
funds as the work proeeeda.
The City shall furnish to the
Hn~gineer certified copies of al]
Resolutions and Ordinances re1aG
ing to this contract.
CITY OF DUBUQUE, IOWA
By Albert Wharton
Mayor of City Council, Dubuque, Ia.
By J, J. Shea
City Clerk, Dubuque, Iowa.
Attest: A, L, Holscher
Witness
HOLL DESIGNING COMPANY
AS90CIATES
By Paul' Rossiter
Attest: J. J. Hail
Witness
RESOLlJTION N0. 27549
BE IT RESOLVED by the City
~ouncii of the City of Dubuque
ghat the Yollowing, having complied
Keith the provisions of law relating
to the sale of cigarettes within
the City of Dubuque, be granted a
permit to sell cigarettes and ciga-
rette papers within said City
and the Manager is direeted to
issue such permit on behalf of
said City.
Harold Muntz, 3203 Jackson St.
James H. Scherer, 1187 Iowa St.
Albert A. Trumm, (Effective on
10.1.49), 2890 Central Avenue
BE IT FURTHER RESOLVED
that the bonds filed with the appli•
cations be approved.
Passed, adopted and approved
this 6th day of September, 1949.
ALBERT WHARTON
Mayor.
F'. W. THOMPSON
FRANK VAN DUELMAN
CLARENCE P. WELU
Councilman.
Attest: J. J. SHEA
City Clerk.
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Van Deul•
man. Carried by the following
vote:
Yeas - Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
RESOLUTION N0. 27649
WHEREAS, applications f o r
Class "B" Beer Permits have been
submitted to this Council for ap-
proval and the same have been
examined: NOW, THEREFORE,
BE TT RESOLVED by the Coun•
cil of the City of Dubuque that
the following applications be grant-
ed and the licenses are to be
issued upon the compliance with
the terms of the ordinances oY
this City,
CLASS °B" PERMIT
Harold Muntz, 3203 Jackson St.
James H. Scherer,. 1187 Iowa. St.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Union League Club, 336 Main St.
Adjourned Regular Session, September 6th, 1949 521
Passed, adopted and approved
this 6th day of September, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
CLARENCE P. WELU
Councilmen,
Attest: J. J. SHEA
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas -Mayor Wharton, Coun•
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
RE50LUTION N0. 277.49
WHEREAS, heretofore applica-
tions for Class "B" Beer Permits
were filed by the within named
applicants and they have received
the approval of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to com-
ply with the ordinances of this
City and they have filed a proper
bond: NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the Manager be and he is directed
to issue to the following named
applicants a Beer Permit.
CLASS "B" PERMIT
Harold Muntz, 3203 Jackson St.
James H. Scherer, 1187 Iowa St.
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants ,be and the same are hereby
approved.
Passed, adopted and approved
this 6th day of September, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
CLARENCE P, WELU
Councilmen,
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas - Mayor Wharton, Coun-
cilmen Thompson, Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Councilman Van Duelman moved
that the rules be suspended for
the purpose of allowing any one
present in the Council Chamber,
whc wishes to do so, to address
the Council. Seconded by Council•
man Thompson. Carried by the
following vote:
Yeas -Mayor Wharton, Coun-
cilmen Thompson,. Van Duelman,
Welu.
Nays -None.
Absent -Councilman Russo.
Mr. Theodore Scherer addressed
the Council with reference to the
recent revocation by the City
Council of Class "li•' Beer Permits.
Councilman Russo entered the
Council Chamber and took his
seat at 8:40 p.m.
Councilman Welu moved that
the City Manager be instructed to
eonfer with Fire Chief Hickson
with reference to a wage increase
for the Ffre Chief and to submit
a report back to the City Council.
Seconded by Councilman Van Dnel-
mant Carried by the following vote;
Yeas -Mayor Wharton, Couneil-
men Russo; Thompson, Van Duel-
man, Weln.
Nays -None.
Thero being no further business
Councilman Thompson moved to
adjourn. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van. Duel-
man, Welu.
Nays -None,
J. J. SHEA.
City Clerk.
APProved ..................................1950.
Adopted ....................................1950.
522 Adjourned Regular Session, September 6th, 1949
Board Of Health
(OHicial)
Special Session, September 6th,
1949.
Board met at 8:50 p. m,
Present-Chairman Albert Whar-
ton, Messrs Romolo N. Russo, F.
W. Thompson, Frank Van Duel-
man, Clarence P. Welu. City Man-
ager Rhomberg.
Petition of Howard J. Parker and
others, taxpayers and qualified elec-
tors, asking for some relief from
the prevailing menace to public
health as applying in the Rosedale
Avenue sanitary and storm sewers,
presented and read. City Manager
Rhomberg submitted verbal re-
port stating that a survey is now
being conducted and will continue
to be conducted with a view of atr
tempting to ascertain the cause of
the nuisance complained oi. Mr.
Frank Van Duelman moved that
the verbal report of City Manager
Rhomberg be received and that
action by the Board of Health upon
the petition be withheld pending
the further recommendation of the
City Manager. Seconded by Mr.
Clarence P. Weln. Carried by the
following vote:
Yeas -, Chairman Albert Whar-
ton, Messrs Romolo N Russo, F.
W. Thompson, Frank Van Duelman,
Clarence P. Welu.
Nays -None.
There being no further business
Mr. Frank Van Duelman moved
that the Board of Health meeting
adjourn. Seconded by Mr. Clar_
ence P. Welu. Carried by the fol-
lowing vote:
Yeas-Chairman Albert Wharton,
Messrs. Romolo N, Russo, F. W.
Thompson, Frank Van Duelman,
Clarence P, Welu.
Nays-None.
J. J. Shea
Clerk, Board of Health.
Adopted ....................................1950.
Approved ..................................1960.
Members of
Bd. of Health
AtteBt:
I
I
..................................
Clerk, Board of Health,
Special Session, September 19th, 1949 523
City Council
(Official)
Special Session, September 19th,
1949.
Council met at 7:30 p. m,
Present-Mayor Wharton, Coun•
cilmen Russo, Thompson, Van Duel-
man, Welu. City Manager Rhom-
berg.
Meeting called by order of Coun•
cilmen Van Duelman and Thomp-
son.
Mayor Wharton read the call
and stated. that service thereof had
been duly made and that this meet-
ing is called for the purpose of
conducting a public hearing on the
plans, specifications, form of con-
tract, cost of improvement and res•
olution of necessity for the im-
provement of Southern Avenue and
also for the construction of a rein-
forced concrete cover slab for the
"B" Branch" Sewer at East Fif-
teenth and Sycamore Streets and
acting on any other business as
may properly come before a regu-
lar meeting of the City Council.
Proof of publication, certified to
by the publishers, of notice oY pub-
lic hearing upon the plans, specifi•
cations, form oP contract and cost
oY improvement for the improving
of Southern Avenue (east side)
from the end of the existing cunb
located approximately 50 feet south
of the centerline of Dunleith Street
to a point 600 feet south, presented
and read. Councilman Van Duel-
man moved that the proof of publi-
cation be received and filed, Sec-
onded by Councilman Russo. Car•
ried by the following vote:
Yoas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Proof of publication, certified to
by the publishers, of notice of pen•
dency of resolution of necessity and
hearing upon proposed plans and
specifications, farm of contract and
cost of improvement for the im•
proving of Southern Avenue (east
side) from the end of the existing
curb located approximately 50 Peet
south of the centerline of Dunleith
Street to a point 600 feet south,
presented and read. Councilman
Thompson moved that the proof of
publication be received and filed.
Seconded by Councilman Welu. Car-
ried by the following vote;
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
(Decision of Council upon objeo-
lions to plans, specifications, form
of contract and cost of improve-
ments.)
RESOLUTION N0. 278-1I9
WHEREAS, proposed plans and
specifications and form of contract
for the improvement of Southern
Avenue (east side) from the end of
the existing curb located approxi-
mately 50 feet south of the center-
line of Dunleith Street to a point
600 feet south have been approved
by the City Council of the City of
Dubuque and public notice given
as provided by Chapter 391 of the
Code of Iowa, 1946, pertaining to
public contracts and bonds, and the
time and place fixed for the hear-
ing of all objections to said plans,
specifications or contract for or
cost of such improvements, said
time being this 19th day of Septem-
ber, 1949; and
WHEREAS, the City Council met
in special session this 19th day of
September, 1949, at 7:30 o'clock p.
m. at the Council Chambers in the
City Hall for the purpose of hear-
ing all interested parties and con•
sidering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and propos-
ed to be made; and
WHEREAS, all interested par-
ties have been given an opportun-
ity to be heard and all objections
which have been filed have been
duly weighed and considered; now,
therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cast
of said improvement herein des-
cribed and proposed to be made,
be and the same are hereby over-
ruled and such plans, specifications
and farm of contract heretofore ap-
proved are hereby adopted.
524 Special Session, September 19th, 1949
BE IT FURTHER RESOLVED
Chat this resolution containing the'
decision of this Counc] upon all
objections which have been filed
to the plans, specifications and
f~crrm of contract for or cost of said
improvement be made a matter of
permanent record in connection
with said improvement.
.Passed, adopted and approved
this 19th day of September, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. Shea
City Clerk,
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays - .None.
(Necessity fior improvement)
fd~ESOL1JTtON N0. 269-49
WHEREAS, proposed plans, spec-
dfications, form of contract, plat and
schedule have been duly prepared
and approved by the Oity Council
of the City of Duhuque and are
now on file in the offioe of the
Gity Clerk showing among other
things the Fallowing:
1. The boundries of the district,
if any.
2. The streets to be improved.
3. The width of such improve-
m®nt.
4. Each lot proposed to be assess-
ed together with a valuation fixed
by the councul.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type oP
construction and kind aif material
to be used.
fi. In each Dose the amonnt ~there-
af which is estimated to be assess-
ed against each lot, for the im-
provement of Southorn Avenue
:(east side) from the end of the
existing curb located approximately
SO Meet south of the centerline of
Dunleith Street to a point 600 feet
south.
B~E IT TF3EREF~ORE RESOLVED
that the City Council oa its own
motion or upon petition of proper-
ty owners, deems it advisable and
necessary for the public welfare to
make the herein mentioned im•
provement, and unless property
owners at the time of the final
consideration of this proposed resa
lution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense
of making said improvement will
.be assessed upon and against all
privately owned property lying
within assessable distance provided
by law and in an amount not to
exceed the amonnt provided by
slaw, property will be assessed
whether the same abuts thereon or
is adjacent thereto according to
area and in proportion to the spe•
cial benefits conferred thereby, and
any deficiency shall be paid out of
the general fund, improvement
funds or sewer Punds, or partly out
of each of said funds. Bonds shall
be issued and sold in anticipation
of .deferred payments of asaese-
ments when a contract has been
performed and aocepted and the
proceeds thereof used to pay the
contractor. The railway :portion of
.any street or assessment district
shall be assessed to and paid by
the railway company.
'The above resclution was ihtro-
duced, approved and ordered placed
an file with the City Clerk this
29th day of August, 1949,
The foregoing resolution was fi-
nally passed and adopted, as pro-
:posed, .by the City Council this 19th
day .of September, 1949.
ALBERT WHARTQN
Mayor.
F. W. THOMP8ON
FRANK VAN DUELMAN
ROMOLO N. EUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. Shea
'City Clerk.
Special Session, September 19th, 1949 525
Councilman Russo moved the a-
doption of the resolution. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Wharton, Coun-
cilmen Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
(Ordering Construction)
RESOLUTION N0. 279--49
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to a
resolution of necessity No. 269-49
which was duly passed by this
Council, far the improvement of
Southern Avenue (east side) from
the end of the existing curb located
approximately 50 feet south of the
centerline of Dunleith Street to a
point 600 feet south be and the
same are hereby ordered and con-
structed by this Council upon its
own motion and with or without
the petition of property owners. All
the work shall be constructed in
accordance with the plans and spec•
ifications heretofore adopted and
now on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately awned property lying
within the assessable distance from
the improvements, whether such
property abut upon the same or are
adjacent thereto, according to the
area thereof and in proportion to
the special benefits conferred, and
any deficiency will be paid out of
the general, improvement, or sewer
funds of the city, or partly from
each of such funds. Payment will
be made to the contractor out of
funds realized from the sale of
bonds to be issued in anticipation
of deferred payments of assess-
ments as provided by law after the
work has been completed and ac-
cepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
k~ereby ordered and directed to ad-
vertise far proposals for the con-
atructlon of the various improve-
menta herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 7 calendar days after
notice to proceed is issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of Immediate necessity
shall be in force and effect fmta
and after its passage and adoptfoa
by the City Council.
Passed, adopted and approved
this 19th day September 1949.
ALBERT WHARTON
Mayor,
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. Shea
City Clerk.
Councilman Welu moved the a-
doption of the resolution. Seconded
by Councilman Van Duelman, Car-
ried by the following voter
Yeas -Mayor Wharton, Canncil-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Proof of publication, certified :~
by t11e publishers, of notice of pub-
lic hearing upon the plans, speciti•
cations, form of contract and oost
of improvement for the construc-
tion of a reinforced concrete cover
slab over the "Bee Branch" Sewer
at Fifteenth and Sycamore Streets
from the end of the existing cover
slab easterly a distance of 3fi0 feet,
presented and read. Councilman
Thompson moved that the proof of
publication .be received and filed.
Seconded by Councilman Welu. Car•
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays - Nane.
Proof of publication, certified to
by the publishers, of notice of pen-
dency of resolution of necessity and
hearing upon proposed plans and
specifications, form of contract and
cost of improvement for the con-
struction of a reinforced concrete
cover slab over the "Bee Branch"
Sewer at Fifteenth and Sycamore
Streets from the end of the exist-
ing cover slab easterly a distance
of 360 feat, presented and read.
Councilman Van Duelman moved
that the proof of publication be re-
ceived and filed. Seconded by Uoun-
Special Session, September lgth, 1949
Gilman Welu. Carried by the follow-
ing vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
(Decision of Council upon objeo-
tions to plans, specifications, form
of contract and cost of improve-
ments.)
RESOLUTION N0. 280--49
WHEREAS, proposed plans and
specifications and form of contract
for the construction of a reinforced
concrete cover slab over the "Bee
Branch" sewer at Fifteenth and
Sycamore Streets from the end of
the existing cover slab easterly a
distance of 360 feet have been ap-
proved by the City Council of the
City of Dubuque and public notice
given as provided by Chapter 391
of the Code oY Iowa, 1946, pertain-
ing to public contracts and bonds,
and the time and place filed for
the hearing of all objections to said
plans, specifications or contract for
or cost of such improvements, said
time being this 19th day of Septem-
ber, 1949; and
WHEREAS, the City Council met
in special session this 19th day of
September, 1949, at 7:30 o'clock
p, m. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and propos-
ed to be made; and
WHEREAS, all interested parties
have been given an opportunity to
be heard and all objections which
have boen filed have been duly
weighed and considered; now,
therefore
BE IT RESOLVED by the City
Council of the City of Dubuque
that all objections which have been
made and filed to the plans, speci-
fications, contract for or cost of
said improvement herein described
and proposed to .be made, be and
the same are hereby overruled and
such plans, specifications and form
of contract heretofore approved are
hereby adapted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of contract for or coat of said
improvement be made a matter of
permanent record in connection
with said improvement.
Passed, adopted and approved
this 19th day of September, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N, RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. Shea
City Clerk.
Councilman Russo moved the a-
doption of the resolution. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
(Necessity for Improvement)
RE5OLU~ION N0. 272-49
WHEREAS, proposed plans,
specifications, form of contract
plat have been duly prepared and
approved by .the City Council of
the City of Dubuque and are now
on file in the office of the City
Clerk showing among other things
the following:
1, The streets to be improved.
2. The width of such improve-
ment.
3, An estimate of the cost of
the construction of a reinforced
concrete cover slab over the "Bee
Branch" Sewer at Fifteenth and
Sycamore Streets from the end of
the existing cover slab easterly a
distance of 360 feet.
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis•
able and necessary for the public
welfare to make the herein men•
tinned improvement, and unless
property owners at the time of
the final consideration of this pro•
posed resolution have on file with
the City Clerk objections to the
cost of improvement, they shall
be deemed to have waived all
objections thereto.
Special Session, September 19th, 1949 527
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improves
ment will be paid out of the Street
Construction Fund when a con-
tract has .been performed and ac-
cepted.
The above resolution was intro-
duced, approved and ordered pla~-
ed on file with the City Clerk
this 29th day of August, 1949.
The foregoing resolution w a s
finally passed and adopted, as pro-
posed, by the City Council this
19th day of September, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N, RUSSO
CLARENCE P. WELD
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Car•
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Proof of publication, certified to
by the publishers, of notice to
contractors of the receipt of pro-
posals for the construction of a
reinforced concrete covered slab
over the "Bee Branch" sewer at
Fifteenth and Sycamore Streets
from the end of the existing cover
slab easterly a distance of 360
feet, presented and read. Council-
man Thompson moved that the
proof of publication be received
and filed. Seconded .by Councilman
Welu. Carried by the following
vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
September 19, 1949.
To the Honorable Mayor
and City Council, ,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10 a.m., September 19, 1949 for
the construction of a reinforced
concrete cover slab over the "Bee
Branch" storm sewer at Fifteenth
and Sycamore Streets. Four bide
were received which are shown on
the attached tabulation; the low
bid was 27 percent above the en-
gineer's estimate.
I recommend that the contract
for the cover slab be awarded to
the K-M Construction Company of
Dubuque, whose bid was the low-
est and best received.
Respectfully submitted,
A. A. Rhomberg
City Manager.
Councilman Russo moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Welu. Car•
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
(Awarding Contract)
RESOLUTION N0. 281.49
WHEREAS, proposals have been
submitted .by contractors for the
construction of a reinforced con-
crete cover slab over the "Bee
Branch" sewer at Fifteenth and
Sycamore Streets from the end of
the existing cover slab easterly a
distance of 360 feet pursuant to
Resolution No, 274.49 and &M
Construction Company contractor,
has submitted the lowest bid for
the furnishing of all labor and
materials and performing the work
as provided for in the plans and
specifications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to K-M Construction Company
and the Manager be and he is
hereby directed to execute a con•
tract on behalf of the City of Du•
buque for the complete perform-
ance of said work.
S~ Special Session,. September 19th, 1949
BE IT FARTHER RESOLVED
that this resatntion being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Connal.
Approved and placed on Yile far
one week on September 19th 1949.
Councilman Welu moved that
the resolution be approved and
placed on file for at Ieast one
week. Seconded by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -- Nane.
Councilman Van Duelman moved
that the rules be suspended for
the purpose of allowing any one
present in the council Chamber,
who wishes to do so, to address
the Council. Seconded by Council-
man Rosso. Carried by the follow-
ing vote:
Yeas -Mayor Wharton, Council•
mea Rosso, Thompson, Van Duel-
man, Welu.
Nags -None.
Petition of Harnischfeger Cor•
poration, By John J. Scott, Sales
Manager, Houses Division, request-
ing the issuance of a building
permit to Mr. Vern Carew for the
erection of a P & H Harnischfeger
Home, presented and read, Repre-
sentatives oY the Harnischfeger
Corporation addressed the Council
requesting that the petition be
granted. Councilman Russo moved
that the request be granted and
the Building Commissioner instruc-
ted to issue a building permit to
Mr. Vern Carew for the erection
of a P & H Harnischfeger Home
on Lot 36 of Wilson Addition locat-
ed on Roberts Street. Seconded by
Councilman Van Duelman. Carried
by the fallowing vote:
Yeas -Mayor Wharton, Coun-
cilmen Russo, Thompson, Van Duel-
man, Wela.
Nays -None.
Communication of Martin J.
Burke submitting offer in t h e
amount of $25.00 for the purchase
of Lots 3 and 4 of Stout's Du-
buque on Mineral Lat 54, present-
ed and read. Councilman Yaa Dael-
roan moved that the commanica•
tioa be referred to the Council to
view the grounds. Seconded by
Councilman Russo. Carried by the
following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Communication of the American
Municipal Association advising the
Council that the annual meeting
of the Association will be held in
Cleveland, Ohio, on November 30
to December 2, 1949, presented
and read. Mayor Wharton moved
that the communication be receiv
ed and filed. Seconded by Coun-
cilman Welu. Carried by the fol-
lowing vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Communication of the Interna-
tional City Managers' Association
extending invitation to the City
of Dubuque to be represented by
the City Manager at the Annual
Conference to be held at Palm
Beach, Florida, December 4 to 8,
1949, presented and read, Council-
man Van Duelman moved that
City Manager Rhomberg be o~th~
orized to attend the convention,
the expenses to be borne by the
City of Dubuque. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Communication of the Parking
& Intro-City Traffic Committee of
the Chamber of Commerce submit-
ting inquiry as to why no action
is being taken by the City in pro
viding off-street parking facilities
presented and read. Councilman
Russo moved .that action on the
communication be suspended Pend-
ing areport from Bond Brokers of
a possible plan for underwriting a
bond issue for the purchasing and
improving of Off-street parking lots
and that the Parking & Intro-City
Traffic Committee of the Chamber
of Commerce be advised on the
action taken by the Clty Council,
Special Session, September 19th, 1949 5~9
Seconded by Councilman Weln.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man,. Welu.
Nays -None.
Petition of Fighting Back Chap-
ter Ne. 6 Disabled American Vet-
erans asking permission for the
holding of Forget-me-not sale on
Sept. 17, 1949, presented and read.
City Manager Rhomberg advised
Council that the request was grant-
ed on account of the fact that no
Council Meeting was scheduled Por
Council action on this petition.
Councilman Russo moved that the
action of the City Manager in
granting the request be confirmed
by the City Council. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays - None.
Petition of Mr. & Mrs. John
Gilligan and others, property own-
ers, requesting the rezoning of the
block from the corner of Alta
Vista and Loras Blvd., west to
second alley, (across from North
Booth) then north to Vernon St.,
east on Vernon Street to Alta
Vista and south on Alta Vista
back to the corner of Alta Vista
and Loras Blvd. to atwo-family
district, presented and read. Coun-
cilman Thompson moved that the
petition be referred to the Plan-
ning and Zoning Commission for
their recommendation and report.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Petition of Paul C. Wright re-
questing the rezoning of the prop-
erty located at Central Avenue
and 30th Street to permit the
erection of a building to house a
food market, presented and read.
Councilman Welu moved that the
petition be referred to the Plan-
ning and Zoning Commission far
their recommendation and report.
Seconded by Councilman Thomp•
son. Carried by the following vote:
Yeas -Mayor Wharton, Couneil•
men'Russo, Thompson, Van Duel-
maa, Wel'u.
Nays -None,
Petition of George J. Scherer
requesting a refund in the amount
of $75.00 on the unexpired portion
of his cigarette permit No. 199, as
he has discontinued business as
of August 31, 1949, presented and
read. Councilman Van Duelman
moved that the request be granted
and the City Auditor instructed to
draw a warrant in the amount of
$75.00 in favor of George J. Scher-
er to cover the amount of refund
granted on the unexpired portion
of his cigarette permit No, 199.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas -Mayor Wharton, Gouneil•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Petition of J. Louis and Susan
Spielman requesting a refund in
the amount of $75.00 on the un•
expired portion of their cigarette
permit No. 186, as they have dis-
continued the sale of cigarettes on
September 19, 1949, presented and
read. Councilman Welu moved Chat
the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $75.00
in favor of J. Louis and Susan
Spielman to cover the amount of
refund granted on the unexpired
portion of their cigarette permit
No. 186. Seconded by Councilman
Thompson, Carried by the follow
ing vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Petition of the Navy Club oY Du•
,buque, Ship No. 67 requesting per-
mission to hold their annual An•
char Day Sales on October 8th,
1949, presented and read. Council-
man Welu moved that the request
be granted. Seconded by Council
man Russo. Carried .by the follow-
ing vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None,
53~ Special Session, September 1gth, 1949
Petition of Mettel Realty & In-
vestment Co., By E. H. WBlging,
requesting that the Mayor and City
Clerk be authorized and directed
to execute and deliver to Mettel
Realty & Investment Co, all right,
title and interest of said City of
Dubuque in and to the vacated
portion of Bellevue Street, being
the Southerly one-half of said
vacated Bellevue Street as the
same fronts and abuts upon Lot ~~
1 of Mineral Lot 93 B, presented
and read. Councilman Russo
moved that the petition be re-,
(erred to the City Solicitor for
recommendation and report, Sec•
onded by Councilman Welu. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Petition of O'Connor, Thomas &
O'Connor, By E. Marshall Thomas,
submitting for Council prompt and
favorable action tour plats of the
proposed subdivision to be known
as "Koerrel Subdivision;' said plat
having received approval of the
Planning and Zoning Commission,
presented and read. Councilman
Van Duelman moved that the peti-
tion and plat be referred to the
Council to view the grounds. Sec-
onded ,by Councilman Russo. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
September 19, 1949.
To the Honorable Mayor
and City Council.,
Dubuque, Iowa.
Gentlemen:
I herewith submit reports of the
City Auditor, City Treasurer, City
Health Department and City Water
Works for the month of August
1949, also list of claims and list of
payrolls for which warrants were
issued for the month of August
1949.
Respectfully anbmitted,
A. A. Rhomberg,
City Manager.
Councilman Van Duelman moved
that the reports be received and
placed on file. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
September 19, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise that the con•
struction of an eight (8) inch
vitrified file sanitary sewer in Dil-
lon Street beginning at th-e exist-
ing manhole in State Street (being
292 feet south of the centerline of
Curtis Street) and running west-
erly on or about the centerline of
the alley first south of Curtis
Street for 391 feet to manhole No.
2 at the center of Dillon Street;
thence southerly along the center-
line of Dillon Street for 467 feet
to the terminal point, under con•
tract with the Thos. Flynn Coal
Company, has been completed in
accordance with the plans and
specifications.
I therefor recommend the accept-
ance of this work.
Respectfully submitted,
A. A. Rhomberg
City Manager
Councilman Van Duelman moved
that the recommendation of Citp
Manager Rhomberg be approved.
Seconded by Councilman Russo.
Carried by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays - None.
(A Resolution Accepting Improves
ment and Directing the Clerk to
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 282.49.
WHEREAS, the contract for the
construction of an eight (8) inch
sanitary sewer in Dillon Street
beginning at the existing manhole
in State Street (being 292 feet
south of the centerline of Curtin
Street) and running westerly on
or about the centerline of the
al]ey first south of Curtts Street
for 391 feet to manhole No. 2 at
Special Session, September lath, 1949 531
the center of Dillon Street; thence
southerly along the centerline of
Dillon Street for 457 feet to the
terminal point has been completed
and the City Manager has examin•
ed the work and filed his certifi-
cate stating that the same has
been completed according to the
terms of the contract, plans and
specifications and recommends its
accpetance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and he is hereby
directed to prepare a plat and
schedule showing the lots or par-
cels of real estate subject to
assessment Por said improvement
and file the same in the office of
the City Clerk subject to public
inspection and said Clerk shall
upon receipt of such plat and
schedule publish the notice of the
Council's intention to levy special
assessments therefor, as required
by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of improve-
ment bonds issued upon the above
described improvement in amount
equal. to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 19th day of Soptember, 1949,
Approved:
ALBERT WHARTON
Mayor.
F, W, THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELD
Councilmen.
Attest: J. J. SHEA
City Clerk,
Councilman Van Deulman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Car•
ried by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays - None.
September 19, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise that the im-
provement of West Third Street
from the east property line of
Algona Street to the west prop-
erty line of Grandview Avenue
with concrete curb and gutter,
under contract with the T h o a,
Flynn Coal Company, has been
completed in accordance with the
plans and specifications.
I therefore recommend the ac-
ceptance of this work.
Respectfully submitted,
A. A. Rhomberg,
City Manager
Councilman Thompson moved
that the recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Russo.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu,
Nays -None.
(A Resolution Accepting Improve•
ment and Directing the Clerk to
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION NO. 283.49
WHEREAS, the contract for the
improvement of West Third Street
from the east property line of
Algona Street to the west property
line of Grandview Avenue h a s
been completed and the City Man-
ager has examined the work and
filed his certificate stating that the
same has been completed accord-
ing to the terms of the contract,
plans and specifications and rec•
ommends its acceptance, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and he is hereby
directed to prepare a plat and
schedule showing the lots or par-
cels of real estate subject to
assessment for said improvement
and Pile the same in the office of
the City Clerk avbject to public
532 Special Session, September 19th, 1949
inspection and said Clerk -shall
upon receipt of such plat and
schedule publish the notice of the
councils intention to levy special
assessments therefor, as required
by lass.
BE IT FURTHER RESOLVED,
that the City Treasurer be and ho
is hereby directed to pay to the
contractor from the funds to be
realized Yrom the sale of improve-
ment bonds issued upon the above
described improvement in amount
equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adapted and approved
this 19th day of September, 1949.
Approved:
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELD
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution,
Seconded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
men, Welu.
Nays -None.
September 19, 1949
To the Honorable Mayor
and City Council.
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions of
August 29th, I have conferred with
the officials of the Farley and
Loetscher Manufacturing Company
and of the Carr, Adams and Collier
Company with reference to the
complaints filed with the City
Council concerning the nuisance
created by wood waste particles
emanating from their factories.
At the Farley and Loetscher
Manufacturing Company plant I
discussed the matter with Mr. Rob-
ert F, Loetscher, superintendent,
and viewed the wood waste collec-
tion system with him. The collee-
tion system is by air through cy-
clones with one bag filter eaperi-
mentally installed in connection
with a cyclone collecting sander
must. Transfer of collected dust
has been by air to cyclones adja-
cent to boiler house where the
wood waste is burned as fuel. A
mechanical conveyor system for
transfer of the material from the
points of collection o1 the newly
completed boiler building has been
installed and Mr. Loetscher be-
lieves this will substantially reduce
the amount of dust discharged into
the outside air. The bag filter is
doing a good job of collection;
however, besides its increased cost
of installation and operation, it
may present a fire hazard. Coliec•
Eion of wood waste at 'this plant
averages about 50 tons per day.
The management is keenly aware
of the dust problems and wishes to
cooperate in minimizing any nui•
sauce. The possible advantage of
using cyclones in tandem is being
studied.
The Carr, Adams and Collier
Company situation was viewed and
discussed with Mr. Paul L. Adams,
vice-president, and Mr. Carl F,
Taylor, superintendent. Their wood
waste collection system and trans-
fer system is by air with cyclones.
Their problem is similar in size
and character to the other. Here,
too, the wood waste collected aver-
ages 50 tons per day. Immediate at•
tention is being given to reducing
the dust at ite entrance into the
boiler plalrt. Thfa firm is preparing
a comprehensive plan oY changing
Its entire production layout which
will involve changes in the wood
waste collection sYatem. It is es•
petted that these plans will be
complete in the near future. The
management of this company wish-
es to cooperate Tully in reducing
the dust condition and has directed
its consulting engineers to suggest
ways and means towards this end.
Here, too, the passible advantages
of using cyclones in tandem is be-
ing considered.
Since both manufacturing plants
have plans and improvements un•
der way which should remedy the
dust condition to some degree, I
suggest that the Council allow a
Special Session, September 19th, 1949 533
reasonable time for observation of
the results.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Russo moved that
the recommendation of City Man-
ager Rhomberg Abe approved and
made a matter of record. Seconded
by Councilman Thompson, Carried
by the following vote:
Yeas -Mayor Wharton Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
ORDINANCE N0. 34--49
An Ordinance amending and
changing the Zoning Map of the
City of Dubuque as provided by
Ordinance No. 3-34, designated
"Zoning Ordinance of the City of
Dubuque" so as to change certain
property hereinafter described
from "Single Family Classification"
and Local Business Classification"
all to "Light Industrial Classifica-
tion," said ordinance having been
passed upon first reading on Sep-
tember 6th, 1949 and ordered plat-
ed on file with the City Clerk for
public inspection far at least one
week before its final adoption, was
presented for final adoption.
Ordinance No. 34-49
An Ordinance amending and
changing the Zoning Map of the
City of Dubuque as provided by Or-
dinance No. 3-34, designated "Zon-
ing Ordinance of the City of Du-
buque" so as to change certain
property hereinafter described from
"Single Family Classification" and
Local Business Classification" all
to "Light Industrial Classification."
Whereas, it fs deemed advisable
by the City Council of the City
of Dubuque to amend the Zoning
Ordinance and change the Zoning
Map of the City of Dubuque so as
to change certain described Prop-
ertyerty from "Single Family
Classification" and "Local Business
Classification" all to °Light Indus-
trial Classification," as recommend-
ed by the Dubuque Planning and
Zoning Commission.
And, Whereas, Notice of such
proposed change has been publish-
ed as provided by law and an op•
portunity afforded to any and all
interested parties and citizens to
object thereto at a public meeting
held at 7:30 o'clock p.m., oA the
29th day of August, 1949, in the
City Council Chamber in the City
Hall in the City of Dubuque, Iowa.
And, Whereas, all objections
filed have been considered and
adjusted,
Now, Therefore Be It Ordained
by the Cfty Council of the Cfty of
Dubuque:
Sec. 1. That the Zoning Map and
Zoning Ordinance oP the City of
Dubuque be, and the same is here-
by amended and changed as fol-
lows:
By changing from "Single Fam•
ily Classification" and "Local Busi-
ness Classification" as ind?r-ted to
"Light Industrial Classifioation"
the following described property:
"The property west of the north-
west corner of Central Avenue at
32nd Street known as the Heim
Brickyards, as follows: Lots 2, 3, 4,
5, 7, and 8 in Heim Sub. now'Single
Family Classification' and `Local
Business Classification."'
Sec. 2. This Ordinance shall be
in force and effect ten (10) days
from and after its final passage,
adoption .and publication as by law
provided.
Passed upon the tYrst reading
this 6th day of September, 1949.
Passed, adopted and approved
upon final reading this 19th day of
September, 1949.
ALBERT WHARTON,
Mayor
F, W. THOMPSON,
FRANK VAN DUELMAN,
ROMOLO N. RUSSO,
CLARENCE P. WELU,
Councilmen
Attest: J. J. SHEA,
City Clerk
Published officially in The Tele-
graph-Herald newspaper this 22nd
day of September, 1949.
J. J. SHEA,
City Clerk, City of Dubuque, Iowa.
Councilman Van Duelman moved
the adoption of the ordinance. $ec-
onded by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
534 Special Session, September 19th, 1949
ORDINANCE N0. 35--49
An Ordinance granting to Fay
Miller the right to construct a sani-
tary sewer in Stetmore Street and
Marion Street to serve his proper-
ty, describing the conditions of the
grant, regulating°the use of said
sewer and future connections there-
with, said ordinance having been
passed upon first reading on Sep•
tember 6th, 1949 and ordered plea
ed on file with the City Clerk for
public inspection Yor at least one
week before its final adoption, was
presented Yor Yinal adoption.
ORDINANCE N0. 35-49
An Ordinance granting to Fay Mil-
ler the right to construct a sanitary
sewer in Stetmore Street and Marion
Street to serve his property, describ-
ing the conditions of the grant, regu-
lating the use of said sewer and
future connections therewith.
Whereas, Fay Miller has petitioned
the C1ty Council oY the City of Du-
buque for permission to construct a
sanitary sewer from the present wet
well in Stetmore Street and Marion
Street to serve his property,
And Whereas this Council, after
due consideration, finds that the
prayer of the application should he
granted.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU
BUQUE: ,
Sea 1. That Fay Miller be xnd
he is hereby granted the right to
construct an eight inch sanitary sewer
beginning at the existing lift station
wet well located at the intersection
of Marion and Concord Streets and
running northerly a distance of 20
feet to the center line of Marion
Street; thence westerly along the cen-
ter Itne oP Marion Street to the inter-
section with the prolongation of the
west line of Lot Number 38 of Bab-
cock's Addition in the City of Du-
buque Iowa.
Sec. 2. That the total cost of con-
structing said sewer shall be paid by
applicant and said sewer sha!1 be
built under the direction and super-
vision of the City Manager and City
Engineer.
Sec. 3. That before commencing
any excavation in the street prepara-
tory to the laying of said sewer, said
applicant or contractor to whom the
work shall be awarded, shall cause to
be filled with the City of Dubuque
a liability policy in the sum of $10,
OOO.OD, said policy to be ao conditioned
that it will save the City of Du-
buque harmless from any and all
damages which may be sustained by
persons or property by reason of the
construction of said improvement, and
liability thereunder shall continue un-
til an ditches have been refilled, ub-
atructions removed from the street
and the surface of the street replaced
to as good condition as it was in
before the commencement of the
work.
Sec. 4 Aa a further condition to
this grant, it is understood that after
said sewer is completed the City of
Dubuque shat, have the right to make
extensions thereto into other streets
or districts without being required
to pay any part of the cost of t'e
original construction.
Sec. 6. As a further condition to
this grant, it is understood that when
said sewer is completed, It shall be
considered a public sewer, and there-
after the maintenance and repair ex-
penses shall be borne by the City.
Sec. 6. After said sewer has been
completed and the total cost thereof
determined, such costs shall be certi-
fied as correct and filed in the office
of the City Clerk, where the same
shall remain as a permanent record.
Any person or persons desiring to
connect with said sewer shall first
apply to the City Council for per
mission so to do, and such permission
shall be granted upon condition that
such property owner pay to the appli-
cant herein, its successors or assigns,
such a part of the total original cost
of construction of said sewer as the
linear feet of the property to be con-
nected bears to same, which cost shall
not be in excess of that which may
be levied upon property in the con-
struction of sewers as provided by
statute.
Sec. 7. That after said sewer has
been constructed it shall not be re-
moved or its free use interfered with
by the applicant herein, its successors
or assigns.
Sec. 8. As a further consideration,
it is understood that this sanitary
sewer shall be used to carry only
sanitary sewage; and no down-spouts
shall be connected therewith; that no
surface water or drainage of any
kind shall be run into said sewer.
Sec 9. That the right to construct
and use said sewer shall be subject
to the continuous control of the City
Council, reserving the right to said
City Council to impose restrictions
and conditions upon the use and en-
joyment thereof as may be reasonably
necessary for the protection oY the
public interests, including the right
to revoke and rescind the grant here-
in made, if at any time the public
interests of the City of Dubuque
should so require.
Sec. 10. This Ordinance shall be
in force and effect [en days from
and after its final passage, adoption,
and publication as provided by law,
and when the terms hereof are ac-
cepted by petitioner, which accep-
lance shall be endorsed hereon. The
costs in connection therewith has
been paid by petitioner.
Passed upon first reading this 6th
day of September, 1999.
Passed, adopted and approved this
19th day of September 1999.
ALBERT WHARTON
Mayor
F.W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen,
Attest: J. J. Shea, City Clerk.
ACCEPTANCE OF ORDINANCE
No. 36-99
Fay Miller, having full knowledge
and understanding oP all of the terms
and conditions of Ordinance No. 35-49
hereby accepts the same as passed
and agrees to comply with all the
terms and conditions thereof.
Executed this 28th day of Septem-
ber 1949.
Fay Miller
Published officially in The Tele-
graph-Herald newspaper this 30th day
of September. 1949.
J. J. Shea.
City Clerk
lt. Sept. 30.
Councilman Thompson moved
the adoption of the ordinance. Sec-
Special Session, September 19th, 1949 535
onded by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
ORDINANCE N0. 35--49
An Ordinance granting to Mss
Blum the right to construct a sans-
' tary sewer from Eagle Street in
and along Lindberg Terrace to
serve lots numbered 2 to 9 inclu•
sive of Beutin's Subdivision to the
City of Dubuquo, describing the
conditions oY the grant, regulating
the use of said sewer and future
connections therewith, presented
and read. Councilman Thompson
moved that the reading just had
~ be considered the first reading oY
N
the ordinance. Seconded by Coun•
Gilman Van Duelman. Carried .by
the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Councilman Thompson moved
that the rules be suspended re-
quiring an ordinance to be read on
three separate days. Seconded by
Councilman Russo. Carried by the
following vote:
Yeas -Mayor Wharton, Council-
~~ men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Councilman Thompson moved
' that the ordinance be placed on Yile
with the City Clerk for public in-
spection for at Toast one week be-
fore its final adoption. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas -Mayor Wharton, Council-
7tlen Russo, Thompson, Van Duel-
, man, Welu.
Nays -None.
RESOLUTION N0. 284-49
Whereas an application has been
filed with the Gity Council re-
questing that a permit be issued
for the erection of a canopy and
proposed sign at Karigan's Res-
taurant, 401 Central Avonue, in
the City of Dubuque, Iowa;
And Whereas, the Building Com-
missioner of the City of Dubuque
has filed a report recommending
that the request be granted.
NOW THEREFORE, BE IT RE•
SOLVED BY THE CITY COIIN•
Gil of the City of Dubuque:
Sec. 1. That Andrew D. Karigan,
Theodore Karigan, and Gus Kari-
gan, owners of the premises, theft
successors and assigns, be and are
hereby granted the right and
authority to construct and main•
lain a canopy and proposed sign
at Karigan's Restaurant, 401 Cen-
tral Avonue, Dubuque, Iowa in
accordance with plat and plans
submitted to the Building Com-
missioner.
Sec. 2. That such construction
shall be done under the super-
vision and direction of the Build-
ing Commissioner and City Man-
ager of the City of Dubuque and
any rules and regulations they
may prescribe.
Sec. 3. That the right to con-
struct and maintain said canopy
and proposed sign shall be subject
to the continuous control of the
City Council, reserving the right
to said City Council to impose
restrictions and conditions upon
the enjoyment thereof as said
City Council may deem reason-
ably necessary for the protection
of the public interests, including
the right to revoke and rescind the
grant hereby made if at any
time in the opinion of the City
Council, the public interests should
so require.
Sec. 4. As a further considera-
tion of the rights and privileges
herein granted, said Andrew D.
Karigan, Theodore Karigan, and
Gus Karigan, their successors and
assigns, assume any and all liabil-
ity for damages to persons or
property which may result from
the construction or maintenance of
said canopy and proposed sign.
Said Applicants, their successors
and assigns, at their own expense
agree to pay on behalf of the
City of Dubuque, all sums which
the City of Dubuque shall become
obligated to pay by reason of the
liability imposed upon the City
for damages of any and all kind
resulting from the construction
and maintenance of said canopy
and sign sustained by any person
or persons, caused by accident, or
otherwise, arising out of the con-
536 Special Session, September Igth, 1949
iF
strnction, ownership, and mainten•
ones of said canopy and sign.
Said Applicants shall defend, at
their expense, on behalf of the
City any suit commenced against '
said Cfty alleging personal injury
or destruction of property and
seeking damages on account there-
of. Said Applicants further agree
to file with the City of Dubuque
and keep in force and effect a
ksability insurance policy in the
amount of $10,000.00 covering all
of such liability.
Sec. 5. Should the rights or
privileges herein granted be re-
scinded or revoked, Andrew D,
Karigan, Theodore Karigan, and
Gus Karigan, their successors and
assigns, at their own expense
and upon receipt of nottce by
registered mail agree within thirtq
days after said receipt of said
notice to remove said structure
herein authorized, and in event of
their failure so to do, they hereby
authorize the City of Dubuque to
have said sign removed at the
expense of Applicants, and t o
assess the costs thereof against
the premises of Applicants or their
successors. Said Applicants waive
any and all rights they may have
against the City upon removal of
Raid canopy and sign.
Sec. 6. This resolution shall be-
come effective and the rights here-
under shall accrue to Andrew D.
Karigan, Theodore Karigan, and
Gus Karigan, their successors and
assigns, when this resolution has
been passed by the City Council
and accepted by all of said ap
plicants, which acceptance shall
be endorsed hereon.
Passed, approved and adopted
this 19th day of September 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P, WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
~(Aooeptance D# Resolution No.
284--49)
Andrew D. Karigan, Theodore
Karigan, and Gus Karigan, having
#nll knowledge and understanding
of all of the terms and conditions
of Resolution No. 284-49, hereby
accept the same as adopted and
agree to comply with all the terms
and conditions thereof and grants
to the City of Dubuque all of the
privileges and rights in said resolu•
lion contained.
Signed this 5th day of October,
1949.
ANDREW D. KARIGAN
THEODORE KARIGAN
GUS KARIGAN
Councilman Thompson moved
the adoption of the resolution.
Seconded by Councilman Welu. Car-
ried by the following vote:
Yoas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays - None.
RESOLUTION N0. 285.49
Whereas a petition has been
filed with the City Council asking
that the property hereinafter de-
scribed be rezoned from "T w o
Family Classification" to "Multiple
Family Classification."
And Whereas, said petition was
duly referred to the Planning and
Zoning Commission for investiga-
tion and report; and
Whereas, said Planning and Zon-
ing Commission has filed its report
and
Whereas, before the Zoning Map
and Zoning Ordinance of the City
of Dubuque may be changed, it is
necessary that a public hearing be
held thereon; and
Whereas the City Council deems
it advisable to hold such public
hearing,
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUN•
CIL OF THE CITY OF DUBUQUE:
That there should be a public
hearing on the question of rezon-
ing from "Two Family Classifi~s~
lion" to "Multiple Family Classifi-
cation" the following described real
estate located fn the City of Du-
buque:
"The entire block between Rhom•
berg Avenue and Garfield Avenue
to the West and East respectively
and Stanton Street and Shires Av-
enue ,along the South and North
respectively."
That the time and place for said
public hearing be and the same is
hereby fixed for 7:30 o'clock p.m.
Special Session, September Igth, 1949
on the 17th day of October 1949,
in the Citq Council Chamber, City
Hall, Dubuque, Iowa; that the
Ctty Clerk be and he is hereby
directed to cause to be published
in the Telegraph Herald, the of-
ficial newspaper of the City of
Dubuque, notice of such hearing,
the same to be so published so as
to leave not Tess than fifteen
days between the day of such
publication and the day affixed
for said hearing, and that said
notice shall contain among other
things the provision that any and
all parties in interest and any
and all citizens shall have an
opportunity to object and be heard.
Passed, adopted and approved
this 19th day of September 1949.
ALBERT WHARTON
Mayor.
F, W, THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen,
Attest: J, J. SHEA
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas -Mayor Wharton, Couneil•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
RESOLUTION N0. 286-49
BE IT RESOLVED by the City
Couneil of the Cfty of Dubuque that
the following, having complied with
the provisions of law relating to
the sale of cigarettes within the
City of Dubuque, be granted a per-
mit to sell cigarettes and ciga-
rette papers within said City and
the Manager is directed to issue
such permit on behalf of said City.
Russell A. Schueller, 601 Rhom-
berg Avenue
Xavier Hospital, Davfs and Wind-
sor Avenue
BE IT FURTHER RESOLVED
that the bond filed with the ap-
plication be approved.
Passed, adopted and a]
this 19th day of Septembe~
ALBERT WHART
Mayor
F. W, THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P, WELU
Councilmen
Attest: J. J, Shea
City Clerk.
Councilman Russo moved the a•
doption of the resolution, Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
RESOLUTION N0. 287--49
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW,
THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City cf Dubuque that
the following applications be grant-
ed and the licenses are to ba is-
sued upon the crompliance with the
terms of the ordinances of this
City.
CLASS "B" PERMIT
Russell A. Schueller, 6D1 Rhom•
berg Avenue.
John M. Baumgartner and John
J. Baumgartner, 1543 Central Ave-
nue.
J. Louis Spielman and Susan
Speiiman, 2002 Johnson Avenue.
(Transfer of address from 601
Rhomberg Avenue)
CLASS "C" PERMIT
James M. Kane, 1205 Cleveland
Avenue.
Tenenbom Supet Market, Inc. 630
Locust Street.
Mrs. Wilma Gtoeckner, 3 4 3
Eighth Avenue.
CLASS "B" PERlAIT
FOR ?RIUATE CLUB
The Oasis Club, 998 Central Ave-
nue.
53g Special Session, September 19th, 1949
Passed, adopted and approved
this 19th day of September, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen,
Attest: J. J. Shea
City Clerk
Councilman Welu moved the a-
doption of the resolution. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
RESOLUTION N0.288--49
WHEREAS, heretofore applica-
tions for Beer Permits were filed
:by the within named applicants and
they have received the approval
of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to com•
ply with the ordinances of this City
and they have filed a proper bond:
NOW, THEREFORE,
BE IT RESOLVED by the Coun•
cil of the City of Dubuque that the
Manager be and be is directed to
issue to the following named appli-
cants aBeer Permit.
CLASS "B" PERMIT
Russell A. Schueller, 601 Rhom-
berg Avenue.
John M. Baumgartner and John
J. Baumgartner, 1543 Centro] Ave-
nue,
J. Louis Spielman and Snsan
Spielman, 2002 Johnson Avenue.
(Transfer of address from 801
Rhomberg Avenue)
CLASS "C" PERMIT
James M. Kane, 1205 Cleveland
Avenue.
Tenenbom Super Market, Inc. 630
Locust Street.
Mra. Wilma Gloeckner, 3 4 3
Eighth Avenue.
CLAS8 "B" PERMIT
FOR PRIVATE CLUB
The Oasls Club, 998 Central Ave•
nue.
BE IT FURTHER RESOLVED
that the bonds filed by such appli•
cants be and the same are hereby
approved.
Passed, adopted and approved
this-19th day of September, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. Shea
City Clerk.
Councilman Welu moved the a-
doption of the resolution. Seconded
by Councilman Van Duelman. Car•
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Welu moved that
City Solicitor Kintzinger be author-
ized to attend as Attorney for the
City of Dubuque, at City expense,
and also that City Manager Rhom-
berg and Mr. John A, Kerper, Sec•
retary of the Chamber of Commer-
ce, be authorized to attend as wit•
nesses for the City of Dubuque, at
City expense, the hearing before
the Civil Aeronautics Board in
Washington, D, C. on September
28th, 1949 in the matter of the
Parks Investigation Case Docket
No. 3965 et al. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
There ,being no further business
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
J, J. Shea
City Clerk.
Approved ..................................1950.
Adopted ....................................1950.
Couneilmen ......................................
...................................
Attest :...................................................
City Clerk