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1954 June Council Proceedings360 Special Session, May 11th, 1954 Courts of Illinois, Alabama, ]itis- souri, Kansas and New York have universally held that the city has no authority to authorize the use of streets for advertising purposes (excepting the signs displayed by the occupants of the abutting prop- erty) even though the revenue from such signs might defray, in whole or in part, the expense of same municipal service, such as waste disposal containers, traffic signals or parking meters. I also find that the City Attor- neys of Columbus, Ohio and Mil- waukee, Wisconsin, in considering such an application as t}us have both held these benches to came under the prohibition of the above cases. I understand that in some Iowa cities such benches are now in use but, so far as I can learn, the le• gality of the matter'has never been considered in these cities. The objection of the law goes to the advertising and not the bencb- es and you do have authority to au- thonize placing benches at bus stops. In view of the above conclusions I have not studied any other as- pects of the proposed Ordinance. Respectfully, T. H. Nelaon Councilman Austin moved that the communication of City Solicitor Nelson be referred to the City Manager and City Solicitor to con- fer with the interested petitioners. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Sehueller, Coun• cilmen Austin, Kolb, Welu. Nays-None. Councllman Kintzinger not vat• ing. Cammunicatian of Mrs. Martha Jean Kintzinger submitting her resignation as a member of the Playground and Recreation Com- mission, presented and read. Coun• cilman Kolb moved that the com• munication be referred to the City Council. Seconded Eby Councilman Welu. Carried by the following vote: Yeas -Mayor Sehueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. There being no further business Councilman Welu moved to ad- journ. Seconded Eby Councilman Kolb, Carried by the following vote: Yeas - Mayor Sehueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. J. J. SHEA, City Clerk Approved ................................. 1954. Adopted .................................... 1954. Councilmen: ~ .................................. Attest : .................................................. City Clerk )~egtilar session, furie 7th, 1954 361 ~~ CITY COUNCIL (OFFICIAL) Regular Session, June 7th, 1954, Council met at 7:30 P. M. Present-Mayor Sehueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. City Manager Schiltz. Mayor Sehueller stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposals, plans, specifications, form of can- . tract and cost of improvement for i the improvement of West 32nd Street with asphaltic macadam sur- facing from the west. property line of Central Avenue to the east property line of Lemon Street, es- ~ - timated cost $1,526.85, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Coun- cilman Kolb moved that the proof of publication be received and I filed, Seconded ~by Councilman Welu. Carried by the following vote: Yeas -Mayor Sehueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ) V, (Decision of Council upon objer Lions to plans, specifications, „'~ form of contract and cost of im- provements.) ' '~ RESOLUTION N0. 203.54 Whereas, proposed plans and specifications for the improve- . ment of West Thirty Second Street from the west property line of Central Avenue to the east proper- . ty line of Lemon Street with ~as- phallic macadam surfacing have I been approved by the City Coun- cil of the City of Dubuque and pub- lic notice given as provided by Chapter 391 of the Code of Iowa 1950 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- ', jections to said plans, specifica- tions or cost a~f such improvement, said time being this 7th day of June, 1954: and Whereas, the City Council met in regular session this 7th day of June, 1954 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 proposed plans, specifications ar cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections whiah have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions or cast of said improvement herein described and proposed to be made, be and the same are here- by overruled and such plans,speci- fications heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications for or cost of said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 7th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RUBIN V. AUSTIN CHARLES A. KINTZINGER • Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas -Mayor Sehueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None, (Necessity for Improvement) RESOLUTION N0. 201.54 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved by the City Council of the City of Dubugue and are now on file in the office of the City Clerk showing among other things the following: ,~,~ 4 :, } 36~ Regular Session,lune 7th, 1954 1. The boundaries of the dis- trict, if any. 2. The streets to Abe improved. 3. The width of such improve merit. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of West 32nd Street from the west property lino of Central Avenue to the east prop- erty line of Lemon Street, with asphaltic macadam surfacing. Be It Therefore Resolved that the City Council on its own mo- tion deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provemen~t, and unless property owners at the time of the final consideration of ,this proposed res- olution 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 Gouncll 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 awned property lying within assessable distance provided by law and in an amount not ~to exceed the amount provided by law, ~,,.r,arty will be assessed whether the same abuts thereon or is adjacent thereto according to area attd in proportion to the spe- eiat heaefits conferred thereby. Lobar and equipment cost shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- doted, approved and ordered placed on file with the City Clerk this 11th day of May, 1954. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 7th day of June, 1954. Approved; LEO N, SCHUDLLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIlVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Coancilman Welu. Carried by the €ollowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Construction) RESOLUTION N0, 204.54 Be It Resolved By The City Coun- cil of the City of Dubuque that pursuant to a resolution of ne- cessity No. 201-54 which was duly passed by this Council, for the improvement of West Thirty Sec• and Street with Macadam surfac- ing from the west property line of Central Avenue to the east prop- erty Line of Lemon Street be and the same is hereby ordered con- structed by this Council upon its 'awn motion. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be It Further Resolved that. the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or is adjacent. thereto, according to the area thereof and in propor- lion to the special benefits con• ferred, and labor and equipment eases shall be paid out of the street funds, Payment will be made 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 )? urther Resolved that this resolution being deemed urgent Regular Session, June 7th, 1954 363 and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 7th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the installation of Boulevard Lights on Grandview Avenue from the north property line of Southern Avenue to a point 35 feet north of the south property line of Lot 1 of Lot 8 of E. Ryan's Sub., pre• sented and read. Councilman Kolb moved that the proof of publica- tion be received and filed. Second• ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 7, 1954 To the Honorable Mayor and City Council, Dnbuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M. on June 7, 1954 for the installation of Boulevard Lights for the Grandview Avenue Boulevard Lighting System from Plymouth Street to Southern Ave• nue. Attached is the tabulation of bids received. I recommend that the contract be awarded to the Dirksen Electric Company of Dubuque, Iowa, who submitted the lowest bid received, which was 26.6% under the En- gineer's Estimate. L. J. SCHILTZ City Manager Councilman Kolb moved that the recommendation of City Manager Schutz be approved. Seconded by Councilman Welu, Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Awarding Contract) RE5OLUTION N0.205.54 Whereas, sealed proposals have been submitted by contractors for the installation of Boulevard Lights on Grandview Avenue from the north property line of Southern Avenue to a point 35 feet north of the south property line of Lot 1 of Lot 8 of E. Ryans Sub. pur• suant to Resolution No. 193.54 and notice to bidders published in a newspaper published in said City on May 14th, 1954 and May 17th, 1954; and Whereas, said sealed proposals were opened and read on June 7th, 1954, and ft has been determined that the bid of Dirksen Electric Company of Dubuque, Iowa in the amount of $5,360.00 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the .plans and specifications; now therefore, Be It Resolved by the City Coun• cIl of the City of Dubuque that the contract for the above mentioned improvement be awarded to Dirk- sen Electric Company and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of June, 1954. LEO N.SCHUELLER Mayor CLARENCE P. WDLU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk ~~, ~~ ~, ''< q, ; 364 Regular Session, June 7th, 1954 _~ €_ ~~ ~~_ Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Joe Benda in the amount of $20.52 for damages to his car caused while driving over the approach on 14th and Pine Streets when going west, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Mrs. Ethel McLaughlin in the amount of $50.00 for damages caused by a clogged sewer flooding the base- ment at 1240 Rosedale Avenue, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Mrs. Evelyn Goodman in the amount of $12.15 for damages to her car caused in backing into a "slow" sign protrud- ing over the curb apt 13th and Main Streets, presented and read. Coun- cilman Austin moved that the No• tice of Claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Dubuque Launderette in the amount of $21,07 for damages to car caused in striking an excavation in the street at the corner of Cox Street and Loras Boulevard, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Arnold Jaeger in the amount of $25,93 for damag- es to his car caused in striking sharp approach at Railroad Cross- ing at East 14th Street, presented and read. Councilman Welu moved that the Notice of Claim be re- ferred to the City Solicitor for ,in- vestigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Merle L Hunt in the amount of $75.00 for dam- ages caused by a clogged sewer flooding the basement at the resi- dence at 1260 Rosedale Avenue, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City So- licitar for investigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Robert Welu in the amount for doctor bill and lrh days work for injuries received in a fall caused by a defective side- walk on the southwest corner of 15th and Locust Streets, presented and read, Councilman Welu moved that the Notice of Claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded 'by Councilman Kolb. Carried by the fallowing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None., Notice of Claim of Harlan F. Loibl in the amount of $210.00 for damages to his car caused in strik ing a large hole in the street at Delhi Street and Grandview Ave- nue, presented and read, Council- man Austin moved that the Notice of Claim be referred to the City Solicitor for investigation and re• Regular Session, June 7th, 1954 365 port. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Archie Schreiber in an amount of at least $100.00 far damages to his prop- erty at 2176 Sunny View Drive ~! caused by water flowing over his property, presented and read. Councilman Kolb moved that Uhe Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- ~~ ' man Austin. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, ~ Welu. Nays-None. Communication of Lillian M. Kassmeyer, together, with file of photostats, explaining her claim that the city owes her money for property taken for the improve- ment of English Lane, presented and read. Councilman Austin moved that the communication be referred to the City Solicitor for investigation and to submit a re- port to the City Council far their further discussion. Seconded ;by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of W. K. Johnson registering a no vote on daylight saving time, presented and read. Councilman Kolb. moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of R. N. Wil- liams congratulating Council on daylight saving time, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Council- man Austin. Carried 'by 'the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Key City Lodge No. 1238 of the International As- sociation of Machinists expressing their complete accord with the stand that the City Council has taken in the matter of daylight saving time, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of the Board of Directors of the Dubuque Cham- ber of Commerce advising Council that on the recommendation of the Parking and Intra~City Traffic Committee that they have gone on record as approving an overpass, or viaduct as it may be called, over the railroad frocks at Fourteenth Street and urging Council to give this important project their care- ful and favorable consideration, presented and read. Councilman Kolb moved that the communica- tion be received and filed. Second- ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays--None. Communication of the Kiwanis Club of Dubuque reaffirming the Club's previous action in connec• tion with the request to place ad- vertising display benches at bus stops in Dubuque, presented and read. Councilman Welu moved that the communication be referred to the City Council for further study. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kolb, Welu. Nays-None. .Councilman Kintzinger not vot- ing. Communication of Carleton D. Beh Co., Des Moines, Iowa, sub• miffing for Council approval the Assignment of the Iowa Rioad Building Co, of the proceeds of their 1954 Street Improvement ,~ 366 Regular Session, June 7th, 1954 Contract, presented and read. Councilman Kolb moved that the approval be granted and the Mayor authorized to execute the Assign- ment on behalf of the City of Du- ~buque. 'Seconded by Councilmen Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Maratha Jean Kintzinger (blrs. Charles A.) sub- mitting her resignation as a mem- ber of the Recreation Commission, presented and read. Councilman Kolb moved that the resignation be accepted with regrets and that a letter of appreciation be for- warded to Mrs. Charles A. Kint- zinger for services rendered as a member of the Recreation Cammis• sion. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. American Surety Company of New York June 3, 1954 City of Dubuque City Hall Dubuque, Iowa Attention: J. J. Shea, City Clerk Dear Mr. Shea: At the request of Russell A. Schueller, doing business as Schuel- ler and Company, of 75 West 30th Street, Dubuque, Iowa, we are as authorized representatives for American Surety Company of New York, as of this date making as an additional insured, the City of Du- buque, State of Iowa, an his Com- prehensive Liability Policy No. 112_ 18(115. This policy period is from January 1, 1954, 12:01 a.m, to Jan- uary 1, 1955, 12:01 a.m., Standard Time, in the limits of $50,000/ $100,000 Bodily Injury, and $25,000 Property Damage Liability. The City of Dubuque as well as the Schueller and Company, effective today, will be covered in that op- eration pertaining to their work for The Key City Gas Company in the streets, alleys, sidewalks, and other places of the City of Dubuque in this work, either above or be- low street level. It will be a matter of a few days until we actually have for flung purposes a duplicate copy of our contract with Schueller and Com• parry, but in the meantime please consider this, together with all provisions of his insurance policy, as binding on the principal as this insured of the American Surety Gbmpany, as set out in the above named policy. Yours very truly, M, P. Hogan Councilman Kolb moved that the communication be received and made a matter of record. Seconded by Councilman Wela. Carried by the following vote: Yeas -Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of H. M. Steger & Sons submitting a certified statement in the amount of $3,783.44 as the total cost of con- structing sanitary sewer on Min• eral Street from Gilliam Street southerly 438 feet, presented and read. Councilman Austin moved that the Communication be re- ceived and the certified state- ment beplaced on file and that proper proceedings be prepared. Seconded by Councilman Kalb. Carried by the following vote: Yeas -Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Thomas B. Schmid, Executive Vice President, Crescent Electric Supply Company, also the communication of Ray mend T. Kluck, Senior Partner, Kluck's All-Electric and also the communication of James Walker Ace Radio Service, expressing their desire for the favorable considera• tion in the matter of granting a franchise to the Dubuque Commu- nity Television Cable Company for the purpose of establishing a com- munity antenna system, presented and read. Councilman Austin moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wished to do so, to address the Council. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Regular Session, June '7th, 1954 3b7 Yeas -Mayor Schueller, Coun- ciImen Austin, Kintzinger, Kolb, Welu. Nays--None. Petition of Dubuque-Jerrold Tel- evision Cable Corporation, By Cle• well, Cooney dC Fuerste, Its At- torneys, requesting that it be grant- ed afranchise to erect, maintain, and operate transmission and dis- tribution facilities in, under, aver, along, across and upon the streets, alleys and other public places in the City for the. purpose of trans- mitting and distributing television to the inhabitants of this City for a period of twenty-five (25) years, presented and read. Attorney M. M. Cooney representing the Dubuque- Jerrold Television Cable Corpora- tion of Dubuque addressed the Council is support of the petition, also Mr, Miller, Secretary of the Corporation addressed the Coun• oil in support of the petition. Coun• Gilman Kintzinger moved that the petition be referred to the City Council for their own deliberation and study. Seconded by Council- msan Austin. Carried Eby the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, ~ Welu. Nays-None. Petition of the Dubuque Commu- ;, pity Television Cable Corporation, G. Joseph .MRler, Its President, and Joseph. C. Poire, Its Secretary, re- questing that it be granted a fran- chise to erect, maintain and op- crate a system of television recep- tion, amplification and distribu- tion upon the public streets and ways in this City far a period of 25 years, for the purpose of fur- nishing television reception to those homes now unable to enjoy adequate reception, presented and read. Attorneys Hal F. Reynolds and H, J, Hoffmann representing the Dubuque Community Televi- lion. Cable Corporation addressed the Caumcil in support of the peti• Han, also 7ifr. Clark of the Spencer- Ken~dy System addressed the Council i1t support of the petition. Councilman Kintzinger moved that the petition be referred to the City Council for their deliberation and study. Seconded by Councilman Austin. Carried by the following rote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Mrs, Herbert Bates requesting that curb and guttering be extended to include her prop- erty at 1150 Southern Avenue, pre- sented and read. Councilman Kolb moved that the request :be granted and the work to be done at the ex• pense of Mrs. Herbert Bates and that the City Manager 'be instruct- ed to contact Mrs, Bates for the purpose of making suitable ar- rangements. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Ethelda Norberg Sas• senrath, By Julia Heuser, Agent, and James Waul requesting per• mission to construct a sanitary sew- er in property on Keokuk Street, presented and read. Councilman Austin moved that the request be granted and proper proceedings prepared. Seconded by Council- man Kintzinger. Carried by the fol lowing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. Petition of Elmer Vorwald and others, property owners of Edina Street, requesting the City Coup- oil to notify The Key City Gas Company to install a gas main on Edina Street before said street has been improved with asphalt pav ing, presented and read. Council- man Austin moved that the peti- tion bereferred to the City Man- ager. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None, Petition of Kathleen G, Mihm re- questing the vacation of the small triangle of former street property at northwest corner of West and Finley Streets in order to permit the erection of a small home and should this be agreeable that a quit Claim Deed be issued to Met- tel Realty & Investment Co., in fl~~ r9, ~'~ ''E c~,~;+ 36$ Regular Session, June 7th, 1954 whose name the title now stands and from whom she holds a pur• chase contract, presented and read. Councilman Austin moved that the petition Abe referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Kintzing- er, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Clarence Slater, resid- ing at 2960 Lennox Avenue re• questing Council consideration for water at the above address, pre• sented and read, Councilman Aus- tin moved that the petition be re• ferred to the City Manager. Sec• onded by Councilman Welu. Car• ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Mrs. Frank Buechel requesting the installation of a street light in the 2400 block on Shiras Avenue, presented and read, Councilman Kintzinger moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded Eby Councilman Welu, Carried by the fallowing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Dubuque Storage & Transfer Co, and Dubuque Stamp- ing and Manufacturing Company, requesting the vacation of that part of Elm Street and the alley both of which extend northerly from the north line of Lot 7 of Mineral Lot 322 to the south line of Lots 2of1of4andLatloflof4af Mineral Lot 322, said street and alley are intersected by Liebe Street which extends easterly from Jackson Street to the Railroad Tracks and the conveyance of the vacated areas, presented and read. Councilman Welu moved that the petition 'be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded Eby Councilman Kolb. Car- ried by the following vote: ewe . ~ ^~ ~ ~ , . ~~I"dl^~' 4 ~ , +~ . ~ i Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Lulu F. Griffin and others, all owners of real estate, and especially residential property in the immediately adjacent or directly affected territory and neighborhood, requesting Council to deny the petition of Joseph J. Roscamp and others requesting the rezoning to Local Business Classi- fication the north side of Dodge Street from the intersection of Dodge and Bryant Streets to the intersection of Dodge and York Streets, presented and read. Coun- cilman Austin moved that the pe- tition be received and filed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Schueller, Coun• cllmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Charlotte C. Watters and others, property owners, re• questing vacation of the platted al- ley which extends between Marion Street and Coates Street and par• allel to Concord Street and situated just west of Concord Street, the same being ten feet wide and also requesting the Council to deed said vacated alley to the owners of prop- erty adjoining said alley on the east side thereof, in as much as the ten foot strip was originally cut off the property lying to the east, presented and read. Council- man Austin moved that the peti- tion be referred to the Planning and Zoning Commission for their recommendation and report. Sec• onded by Councilman Welu. Car• ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Howard Pixler, By John Hefferman, requesting the re- zoning of Lots 3 and 4 of the Sub• division of Lot 2 of City Lot 598 and of Lot 2 of Lot 3 of City Lot 598, from Multiple Residence Dis- trict to Business District, presented and read. Councilman Kintzinger moved that the petition be referred to the Planning and Zoning Com• mission for their recommendation ~egdlar Session, June 7th, 1954 369 and report. Seconded by Council• man Welu. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Mr. and Mrs. Henry Kramer requesting the widening and grading of the West End of West Third Street from the present end of grade to the end of their property, presented and read. Councilman Welu moved that the {, petition be referred to the City Manager. Seconded by Councilman Kolb, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Ambrose L. Luedtke and others, property owners facing the street of "Lindberg Terrace", requesting that said street be im• proved to the extent of curb and gutter with a finished top surface, from the beginning of said street f to the end, presented and read. Councilman Kintzinger moved that r the petition be referred to the City Manager. Seconded by Coun~ ' cilman Austin. Carried by the fol- lowing vote: ~ ' Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ' Petition of Glen J. Banksan and pothers requesting that one-way j parking be established on Foye Street from Lowell Street to Napier Street, presented and read. Coun- ~ cilman Kolb moved that the peti• tion be referred to the City Man• ager. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun• ~ cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Schueller & Co. re- questing permission to excavate, { dig up, or cut into streets, avenues, alleys and other public places in the City of Dubuque, presented and read. Councilman Austin moved that tihe request be granted. Sec- ? onded by Councilman Kintzinger. ,' Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of The Dubuque Boat Club Inc. requesting that they be granted the use of the Eagle Point River Front area and also the use of the Water Works grounds west of Front Street for the purpose of erecting an exhibition tent in con- nection with the boat races to be held an August 8th, 1954, pre- sented and read. Councilman Aus• tin moved that the petition be re- ferred to the City Manager, City Solicitor and Water Works Super- intendent with the provision that the grounds be placed in the same condition as found. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Kelu. Nays-None. Petition of Alvin C. Cartigny and others requesting the installation of a street light on Heeb Street between West 17th Street and Seminary Street, .presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Dwbuque Junior Chamber of Commerce requesting Council to waive the license fee for the holding of a circus or car- nival to be held July 14, 15, 16, 17 and 18 at the Sports Bowl, present- ed and read. Councilman Kolb moved that the request be granted and that a report be submitted to the City Council showing receipts and disbursements. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Dubuque Lions Club requesting permission for the park- ing of an exhibit of a reproduction in wax of Leonardo da Vinci's Mas- terpiece "The Lard's Last Supper", 3,70 Regular Session, June 1th; 195d presented and read. Councilman I~ind¢inger moved that the request be granted and the space to be oc- cupied to Abe designated Eby the Chief of Police. Seconded by Coun• oilman Austin, Carried by the fol. IgW1Ag vote: Yeas --- Mayor SchuoAer, Copn- cilmen Austin, Kintsinger, Kolb, Wale Nays-None. Petition of Mr. and Mrs. Fred M. Voels: and others, property owners, requesting the rezoning of the north side of the 1800 block on Grace Stroot from its present Single Family Rosidence to Two Family Residence District, present- ed and read. Councilman Welu moved that the petition~ba referred to the Flanning and Zoning Com- mission for their recommendation and report: Seconded by Council- manKin~tzinger. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kiptzinger, Kolb, Welu, NaysTM-Ngne. RENJ=WAL OF GOVERNMENT <,EASE Yow are hereby notified that un- der the provisions of Paragraph 5 of Government lease: NOY(R)- 4(1838 with City of Dubuque, Iowa, Lessor, d. 1/1/47 covering approxi- mately 0.85. of an acre in Ham's Addition. in the City of Dubuque, Iowa, for a Naval Reserve Training Center L16-65-Du the United. States of America elects to renew the said lease, as the same may have been amended, for the period of one year from and after June 30, 1954, and. by these presents does renew, extend; and adopt the said lease and: all the temps and conditions dhereaf for the period beginning July 1; 1954 and ending June 30, 1955. Dated at Washington, D.C., 17 May, 1954. TiIE UNrrr;u STATES OF AMERICA By Jack E. Cochrane By direction of the Chief of the Bureau of Yards and Docks, act- ing under the direction of the Secretary. of; the Navy. Councilman Austin moved that the Renewal of Government Lease ~be received and made a matder of record. Seconded by Councilman Kintainger. Carried by the follow- ing vote: Yeas ~ Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Iowa State Highway Commission submitting for Council consideration resolu• bans covering maintenance of Pri- mary Road >+aatensions, presented and read. Councilman Austin moved that the communication be received and filed, Seconded. by Councilman Kolb, Carried. by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RRSOLVTION N0. 20b54 Maiptenango of Rrimary Road @x• t0nsions. Cities Population 2,500 and above, Be It Resolved ~by the City Coun- cil of the City of Dubuque, Iowa. 1. That pursuant to the provi- sions of Seotion 313.21. and 313.26 of the Code of 1948, we hereby ap• prove and consent to the mainte- nance of all primary road exten- sions within said city of Dubuque by the State Highway Commission, as hereinafter set forth. 2; That the approval and con- sent herein given for the malnte• nonce of said primary road exden- sions. within the city of Dubuque is based on the assumption and understanding that said mainte- nance to be done by the State Highway Commission will be paid for by the State Highway Commis- sion out of the primary road fund, and that no charge will be made against the city of Dubuque on account of such maintenance by the State Highway Commission on the said primary road extension within the said city of Dubuque. 3. That the maintenance to be done by the State Highway Com- mission on the primary road ex- tensions within the city of Du- buque-shall include the usual sur- face maintenance, roadbed re- pairs, repairs to bridges, culverts and guard rail, and other mainde- nance usually performed on pri- mary roads outside of cities and towns. That on streets or portions Regular Session, lone 7th, 1954 3'71 of streets which are curbed, the maintenance, except snow remov- al, shall extend from curb to curb. That the maintenance of such or- dinary road extensions shall in- elude plowing the snow from the full width of the pavement or oth- er surfacing, provided that if the pavement or other surfacing is more -than thirty feet in width, then the Highway Commission will plow the snow from a traveled way only about thirty feet in width. 4. That the maintenance of such primary road extensions by the Highway Commission shall not include ~ (a) The loading and hauling ~,' away of snow which is ~: plowed off to the side of ~` the traveled portion of the roadway. ~~ {b) The sprinkling 'of the i streets. ' (c) The sweeping of the streets. (d) The maintenance or repair of any sewers, water pipe or other services under the traveled surface of the roadway or any costs inci- i dent thereto. 5. That this resolution and tihe terms thereof shall become effec- five upon the approval and accept ante thereof by the Iowa State Highway Commission and shall 'be ? in effect until July, 1959 ~~~~,,t fhat the resolution may be rescind- ed by the city at the end of any fiscal year, ending July 1st. Resolution approved and adopted by the city council of the city of Dubuque, Iowa, this 7th day of June, T954. LEO N. SCHUELLER Mayor { CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGIIt Councilmen Attest: J. J. SHEA, t Clerk Rasdution approved and accept- ed by the Iowa State Highway Commission on the day of t , 1" .. ...... . ....................................................... Ghairmaa i Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Welu. Carried py the following vote: t Yeas ~--- Mayor Schueller, Coun- cilmen Austin, Kintainger, Kolb, Welu. Nays-None. GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the Gity of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owners of Lot 2 of Lot 5 of Mineral Lot 34 in the Cidy a¢ Dubuque, Iowa according to the reaor~d plat thereof hereby grants and con• veys to said City of Dubuque, a per- petual right of easement, in, over and across said Lot 2 of 5 of Min- eral Lot 34 far the purpose of oonstruCting and maintaining a sewer, with the right to go upon said r. ~...ises at all reasonable times for the purpose of inspecting any repairing the seine 'when ~n• stalled; provided, however, Chad said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the in- stallation or repair of said sewer to as good condition as it was in before the same was disturbed. This grant of easement shall be binding upon the undersigned, ids purchasers and assigns finev~. Thomas P. Hein Mildred C. Hein Mettel Realty & Irrvc~tment Co. by C. E. Mettel President A. J. Mihm Sec: Treas. County of Dubuque ~ SS State of Iowa On this 15th day of May, A.D., 1954 before me Robert I.. ()eth, a Notary Public in -and for Dubuque County, Iowa, personally a~.~red Ttremas P. Hein and Mildred C. Heim to me known to be the ides tical persons named in and who executed the foregoing nstrunrent, and acknowledged that they ese- cuted the same as their voluntary act and deed. $obert L. Oeth (Seal) Notary Public in and for Dubuque County, Iowa County of Dubuque ~ 5S State of Iowa On this 4th day of June A. it. ,,. ~. ~~ ,~~ ~~"' ~, ~~' 1. 't. it ~. ~,~ ~ ~3 ~~l ~~ ,7 }ii ~; 3 1 372 Regular Session, June 7th, 1954 1954 before me, a Notary Public in and for said County, personally appeared C. E. Mettel and A. J. Mihm, to me personally known who being by me duly sworn, did say that they are President and Secre- tary-Treasurer of Mettel Realty & Investment Co. respectfully, that no seal has been procured by the said Corporation and that said in• strument was signed on behalf of the said Corporation by authority of its Board of Directors and the said C, E. Mettel and A. J. Mihm acknowledge execution of said in- strument to be the voluntary act and deed of said Corporation by it voluntarily executed. Lorraine Klumpp (Seal) My Commission expires July 4th, 1954. Councilman Welu moved that the Grant of Easement be accepted and recorded with the County Re- corder. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 99 of McDaniels Park Hill in the City. of Dubuque hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said ten (10) foot strip along the south edge of Lat 99 of McDaniels Park Hill for a distance of 191.4 feet thence across southwesterly edge of said Lot for a distance of 10.74 feet far the purpose of construct- ing on eight (8) inch sanitary sewer with the right to go upon said premises at all reasonable limas for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sad, or shrubbery that may be disturbed in the installation or repair of said eight (8) inch sa~i~ tart' sewer to as good condition as it was in before the same was disturbed. This grant of easement shall be binding upon the undersigned, its purchasers and assigns forever. James Waul Dubuque Building & Loan Assn. J. J. Glob Jr., Secretary County of Dubuque 1 SS State of Iowa 1 On this 5th day of June, A.D., 1954, before me a Notary Public in and for Dubuque County, Iowa, per• sonally appeared James Waul & F. J. Glob, Jr, to me known to be the identical persons named in and who executed the foregoing instru- ment, and acknowledged that they executed the same as their volun- tary act and deed. (Seal) C. J. Buelow Notary Public in and for said County Councilman Welu moved that the Grant and Easement be accept- ed and recorded with the County Recorder. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lots 100, 101, 102 & 103 of McDaniels Park Hill in the City of Dubuque hereby grants and con- veys to said City of Dubuque, a perpetual right of easement, in, over and across said Southwesterly front five (5) feet of Lots 100, 101, 102 & 103 of McDaniels Park Hill for the purpose of constructing an eight (8) inch sanitary sewer with the right to go upon said premises at all reasonable times for the purpose of inspecting and repair- ing the same when installed; pro- vided, however, that said City of Dubuque shall replace whatever earth, sod, or shrubbery that may be disturbed in the installation or repair of said eight (8) inch sani- tary sewer to- as good condition as i~t was in before the same was dis- turbed. This grant of easement shall be binding upon the undersigned, its t i 9 d Regular Session, June 7th, 1954 373 purchasers and assigns forever. Ethelda Norberg Sassenrath and Marlin Sassenrath, her husband. By Julia Heuser, Attorney in fact for Ethelda Norberg Sassenrath and Marlin Sassenrath, her hus- band. County of Dubuque 1 SS State of Iowa 1 On this 7th day of June, A.D., 1954, before me a Notary Public in and for Dubuque County, Iowa, per- sonally appeared Julia Heuser to me known to be the. identical per- sons named in and who executed the foregoing instrument, and ac- knowledged that they executed the same as their voluntary act and deed. Geraldine L. Jenni (Seal) Notary Public in and far said County Councilman Welu moved that the Grant and Easement be accept- ed and recorded with the County Recorder, Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 104 of McDaniels Park Hill in the City of Dubuque hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Northeasterly front five (5) feet of said Lot for a distance of 98.8 feet for the purpose of con- structing an eight (8) inch sanitary sewer with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when in- stalled; provided, however, that said City of Dubuque shall replace whatever earth, sod, or shrubbery that may be disturbed in the instal- lotion or repair of said eight (8) inch sanitary sewer to as good con- dition as it was in before the same was disturbed. This grant of easement shall be binding upon the undersigned, its purchasers and assigns forever, Ethelda Norberg Sassenrath and Marlin Sassenrath, her husband. By Julia Heuser, Attorney in fact for Ethelda Norberg Sassenrath and Marlin Sassenrath, her hus- band. County of Dubuque 1 SS State of Iowa 1 On this 7th day of June, A.D., 1954, before me a Notary Public in and for Dubuque County, Iowa, personally appeared Julia Heuser to me known to be the identical persons named in and who exe- cuted the foregoing instrument, and acknowledged that they exe- cuted the same as their voluntary act and deed. (Seal) GERALDINE L. JENNI, Notary Public in and for said County Councilman Welu moved that the Grant and Easement be accept- ed and recorded with the County Recorder, Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. GRANT AND EASEMENT Know all men Eby these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 105 of McDaniels Park Hill in the City of Dubuque hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Northeasterly front five (5) feet of said Lot, for a distance of 159.04 feet for the purpose of con- structing an eight (8) inch sanitary sewer with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when in- stalled; provided, however, that said City of Dubuque shall replace whatever earth, sod, or shrubbery that may be disturbed in the instal- lation or repair of said eight (8) inch sanitary sewer to as good con- dition as it was in b8#ore the same was disturbed, ~f :, i u. ; ~ r,. `~ r ,ea' '~?'~ ,, 4g~,R ~, i. ia` ~.~:~ -;+ "; ~~ ;~;;< t~: ~ `'. ~''~, ,~ 4~~ a ,; ~. ~:: - ,; ~~ ,. ~'•: r~ ^^, '~tt" 'n ~_ 1,~ `' ,+ v'.~~~ ~ '°. 374 Regular 8essian, June 7th, 1954 This grant of easement shall be binding upon the undersigned, its purchasers and assigns forever. lgthelda Norberg Sassenrath and ~Maxlin Sassenrath, her husband. By Julia Heuaer, Attorney in fact for i,thelda Norberg Sassenrath and Marlin Sassenrath, her hus- band. County of Dubuque l ~ State of Iowa f 'On this 7th day of June, A:D,, 154, before me a Notary .Public in and for Dubuque County, Iowa, per- sonally appeared Julia Heuser to nfra itnown to be the .identical per- sons named in and who executed the foregoing instrument, and ac- l~owledged that they executed the same as their voluntary act and deed. (leraldine ly. Jelmi (Seal) Notary Public in and for said County. ~Geuncilman Weiu moved that the Grant and l;asement be accept- ed and recorded with the County lteeorder. Seconded by Councilman l~o1b, Carried by the following Vote: Yeas -Mayor Schueller, Coun- cilman Austin, Kintzinger, Kolb, Welu. Nays-Nene, ORDINANCE N0. 59.54 An Ordinance granting Julia Iieuser the right to construot a sanitary sewer in Primrose Street cad Keokuk Street and in portions of McDaniei's Park Hill Addition; send providing the terms and condi• tlafss tl4ereof, presented and read. Councilman Welu maned that the reading just had be considered the First read>irig of the 'ord'inance. Sec- onded by Councilman Kolb, Car tied by the following vote: Yeas -Mayor Schueller, Coun- eilm~n At~tih, Kintzinger, Korb, Wolu. Nays Nome. Councilman Welu moved that Qhe rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- rih4ian Kalb. Carried by the fol- l~ovdag voto: Yeas - il4ayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. days-None. ®rdinanoe No. 89.54 An Ordinance granting Julia Heuser the right to construct a sanitary sealer in PFimtose Street and Keo- kuk Street and in portions of Mc- Daniel's Park 73111 Addition; and providing the terms and conditions thereof. Whereas Julia Heuaer of Dubuque, Iowa, has petitioned the City Godn- cil for authority to construct an 8" sanitary sewer Prom a point in Prim- rose Street where the same lntereects the center line of Keokuk Street ex- ended and along Primrose Street and Keokuk Sttect to a point an 4he south line of -Seokuk Street 19 feet from the Westerly like bf Primrose Street and over the easements now owned by the City of Dubuque in the follow- ing described lots in the City of Du- buque, Dubuque County, Iowa. Lot 99, Lot 100, Lot 101, Lot 102, Lot 103, Lot 104, and Lot 105 all in M¢Danlel's Park H111 Addition; and dedicate the same ae a public sewer; and Whereas the City Council of the City of Dubuque is of the opinion that the acceptance of such a sewer is in the best interest of the City of Dubuque, Now Therefore Be It Ordained By The Ctty Council rof the Clty Of Du- buque: Section 1. That Julia Heuser be and she is herebyranted the right to construct an R mch vitrified tale pipe sanitary sewer in i"rlmruse Street and Keokuk Street and across the easements hereihbefore described, all ae shown on the plan and profile submitted to the City Council of the City of bubuque by Julia Heuser under date of April 20, 1954, upon the following terms and conditions: a. That gt•antee agrees to ebn- struct said sewer within one .year from the date of the adoption bf this Ordinance and to pay the entire +cost thereof, including the coat of the res- toration of the surface of Ptfenrase Street and the grounds included in the above de~'cribed easements.; b. That said sewer shall be con- stru'eted in accordance with ~p1Ans approved by the State Department of Health and the Cfty bTanager and under the supervision and direction of the City Manager and City Engin- eer; c. That grantee will enter into a contract for the construction bf said sewer with a qualified contractor, which contract will, among other things, contain a clause requiring the contractor to obtain all neicessary per• mite, required by the City of Dubuque, or any other governmehtal agency, a Disuse obNgating the zrontrab't`or and his bondsmen to keep said sewer in good repair for a period oY not less than two nears from the date of the acceptance of work, and a clause requiring the contractor to furnish a shrety bohd with tho City of Dubuque named as one oY the obligees, guaranteed tho faithful perms formaner, of said contract; d. That upon the completion of said sewer and tfie acceptance of the same by the City Council said sewer shall become a public sewer under the exclusive charge and boh- trol of Ube City of I?ubuque, and its free use as such shall not be inter- fered with Ay grantee br her sueces- sots or assigns. Section 2. That the authority grant- ed herein Shan terminate 'on July 1st, 195§, unless the terms and oon~ ditions of this Ordinance are accepted in writing by the graittee prior to that Bate. Section 3. This Ordinance shall be in full force and effect tram and rn i ~` 1 i; t, t 1 s ~~ ~, Regular Session,. June 7th, 1954 3'l~5 attor Its final passage, adoption and publication as provided by law. Passed, adopted and approved this Yth day of June, A.D., 1.964. LEO N. SCIIUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J: SHEA City Clerk ACCHPTANCNQ 39.~QRDINANCE Julia Heuser of the City of Dubuque, Dubuque County, Iowa, having full knowledge and. understanding of all the terms and conditions oY Ordinance passed andeagrees to otonply with all the terms and conditions thereof. Aocepted this 8th day of June, A.D., 1954. JULIA HEUSER Attorney infect for Ethelda Norberg Sassenrath a n d Marlin Sassenrath, her hus- bapd, Published officially in The Tele- ogY Ju Q o>,83~, newspaper this 11th day J. J. SHEA lt. 6-11 Clty Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas. -Mayor 'Schueller, Coun- cllmen Austin, Kintzinger, Kolb, Welu. Naysr-None. QRI~INANCE N0. 40.54 An Ordinance Authorizing Amer- ican Trust and Savings Bank to construot a canopy over the side- walk on West Ninth Street subject to~ the conditions and limitations herein contained, presented and read. Councilman Welu moved that the reading just had be con- sidered the first reading of the 9rdlnaflce. Seconded by Council- man Kalb. Carried by the follow- ing vote; Yeas -- Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays--None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb, Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ardinancp No. 40.5A ATrQrdi~and SavinggriaBagnkAto®con- struct a oanopy over the sidewalk on West Ninth street subject to the conditions and limitations here- ih contained, Be It Ordained By The City Coun• cil Of The City Of Dubuque: Section 1. That American Trust and Savings Bank of Dubuque, Iowa he and it is hereby granted permission to erect and maintain a canopy over the sidewalk on the south side of West Ninth street in accordance with plans heretofore submitted to the City Council subject to the following conditions and limitations: a. That permittee pay to the City Treasurer a monthly permit fee of Twenty-seven Dollars ($27.DD) pay- able in advance on the first day of each month during the period when said canopy shall be maintained at sold location; b. That such canopy shall be ereet- ed and maintained in accordance with the directions of the City Manager; c, That permittee shall maintain in force a policy of liability insurance in an amount and company approved by the Ctty blanager indemnifying the City of Dubuque against any claims for damages arising out of the erection or maintenance of said unit upon a public street; d; That permittee agree in writing to remove such canopy when ordered to do sa by the City Council; Seation 2. That the permission granted hereunder shall not be con- atrued to establish any right in per- mittee and shall be revocable at will by the City Council with or without cause. Section 3. That this ordinance shall be in full force and effect from and after its final passage, adoption and publication as provided by law. Passed, adopted and approved this 7th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLF,S A. KINTZINGER Councilmen Attest: J: J. SHEA Ciky Clork Published officially in The Tele- ofaJune,ely5 ,newspaper this 11th day J. J. 9HEA It 6-il City Clerk Councilman. Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. QIIDINANCE N0. 41.54 An Ordinance delineating the re- spective responsibilities of the Park Board and Recreation Commission with regard to recreation activities conducted in public parks;. estab- lishing Flora Park; placing Alli- son-Henderson Memorial Park un- der the jurisdiction of the Park i .s e.. ,; @~'. + r, ,: k i6~~~ ,y 4 E ,- t~ °i '~ ~~ ti, ~i 'i l ~i: ,9 ~a ~~. }.'. ,a'. 1p; ,,j: ~~' i~;:i; h la , (', I. py i t i z~ f. ci 5 ~~~ i t 3 a 376 Regular Session, June 7th, 1954 Board; and repealing Section 2 of Ordinance 18.45, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. Councilman Welu moved that the rules ~be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Ordinance No. 41.54 An Ordinance delineating the respec- tive responaibiflties of the Park Board and Recreation Commission with regard to recreation activities conducted in public parks; estab- lishing Flora Park; placing Allison- Henderaon Memorial Park under the jurisdiction of the Park Board; and repealing Section 2 of Ordinance IS-45. Be Is Ordained By The City Coun- cil Of The City Of Dubuque: Section 1. That the Park Board shall have the jurisdiction and control over all grounds that have been or may hereafter be set aside as public parks. Except as hereinafter pro- vided, such jurisdiction and control shall be exclusive and shall compre- hend the supervision, maintenance and repair of all grounds, roads, build- ings, recreational facilities and ap- purtenances located therein. Section 2. In an public parks ]n which the Recreation Commission now has or shall have, with the consent of the Park Board, hereafter installed recreational equipment or buildings, said Commission shall have exclusive jurisdiction and control over such recreational equipment and buildings, including the supervision, maintenance and repair thereof and the supervision of the recreational activities employing such equipment or buildings. Section 3. That except for the ap- purtenant easements oP right of way and a strip along Pennsylvania Street 26' in width, the recently acquired real estate in the west end of the City to-wit: Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Lot 2 of 1 of 2 of 4 of Mineral Lot zso; Lot 2 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of 2 of Mineral Lot 259; Lot 1 of 2 of Mineral Lot 269; Lot 1 of 1 of 1 of 1 of 1 oY 2 of J. P. Mettel's Sub., be and the same is hereby set apart as a public park to be known as "Flora Park" under the jurisdiction and control oP the Park Beard. snhiecf. hnwava~ r„ rr,o ~._. w,.. April 28, 1959 and the further right m the City Council of the City of Dubuque to install and maintain such storm sewers, sanitary sewers and water mains therein as it shall deem necessary. Section 9. That Section 2 of the Ordinance Ne. 18-45 be and the same is hereby repealed and Allison Hen- derson Memorial Park is hereby placed under the care, control and supervi- sion of the Park Board, subject to the provision of Section 2 hereof. Passed, Adopted and Approved this 7th day of June, 1959. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA City Clerk. Published officially in The Tele- graph-Herald newspaper this 11th day of June, 1954. J. J. SHEA lt. June 11 City Clerk, Councilman Welu moved the adoption of the ordinance, Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims far which warrants were issued during the month of April, 1954, presented and read. Councilman Kalb moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the publishers, of Mayor's Proc- lamation adopting Daylight Sav- ing Time, presented and read. Councilman Kalb moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Dubuque, Iowa June 3, 1954 Honorable Mayor and Members of the City Council Regular Session, June 7th, 1954 377 Service Commission conducted an entrance examination on April 22nd, 1954 for those seeking posi- tions on the Police Department. The fallowing are the names of those who passed bath the written and physical examinations and their names are hereby certified for appointments on the Police De- partment. Name Average Carl F. Doarn 92t/z% Milton E. Chapman 82% Gene J. Digman 71% Respectfully submitted, Allan T. Daykin Chairman Louis J. Lagen Members, Civil Service Commission. Attest. J. J. SHEA, Clerk Subscribed and sworn to before me, a Notary Public, this 3rd day of June, 1954. (Seal) GERALDINE L, JENNI, Notary Public Councilman Kolb moved that the report of the Civil Service Commis- sion be received and made amat- ter of record. Seconded by Coun- ' cilman Austin. Carried by the fol- ~ `zi lowing vote: Yeas - Mayor Schueller, Coun- ~ cilmen Austin, Kintzinger, Kolb, t= Welu. Nays-None. Dubuque, Iowa =~ June 3, 1954 Honorable Mayor and Members ~ of the City Council City of Dubuque, Iowa s' Gentlemen: ~' In accordance with the provi- i sions of the Code of Iowa, 1950, the Civil Service Commission con- . ducted an entrance examination on April 22nd, 1954 for those seeking positions on the Fire Department. The following are the names of r those who passed bath the written and physical examinations and their names are hereby certified for appointments on the Fire De- partment. d Name Average ' Merlin J. Fuller 99% Robert C. Hollenback 95% Respectfully submitted, Allan T. Dalkin Chairman Louis J. Lagen Members, Civil Service Commission Attest: J. J. SHEA, Clerk Subscribed and sworn to before me, A Notary Public, this 3rd day of June, 1954. (Seal) GERALDDVE L. JENNI, Notary Public Councilman Kolk moved that the report of the Civil Service Commis- Sion be received and made a mat- ter of record. Seconded by Coun- cilman Kintzinger, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Dubuque, Iowa June 3, 1954 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1950, the Civil Service Commission conducted an examination on June 3rd, 1954 for those seeking the position of San- itary Inspector in the Health De- partment, The following is a list of the names of those who passed the written examination with an aver- age of 70% or better, Name Average Arthur J. Miller 89% Leonard Roussell 89% Martin F. Kinney 88% Donald J. Bowen 85% Earl Schlegel 85% Clarence J. Delaney 84% Thomas P, Fitzpatrick 81% Julius Miller 73% Respectfully submitted, Allan T. Daykin Chairman Louis J. Lagen Members, Civil Service Commission Attest: J. J. SHEA, Clerk Subscribed and sworn to before me, a Notary Public, this 3rd day of June, 1954. ___ - ,_ i E ~~ 3~'8 fteguiar Session, June 'nth, 1954 mission be received and made a matter of record. Seconded ;by Councilman Austin. Carried by the fallowing vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. May 20, 1954 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 April 1954, as well as list of claims and list of payrolls for which warrants were issued for the month of April 1954. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Kint• zinger. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. May 19, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Mr. Chas. Fang- man and others requesting a street light was referred to the City Man• ager for recommendation and re- port. Upon investigation of the neces- sity of a street light at this inter- section it was found that a con- siderable number of pedestrians pass this intersection as well as vehicular traffic. I recommend that a light be in- stalled on the intersection of Oak and Burns Street, Respectfully submitted, L. J. ~HII,TZ, City Manager, Councilman Kolb moved that the recommendation of City 'Manager Schiltz be approved. Seconded by Couacilman Austin. Carried by the following vote: Yeas - Mayor Schueller, Caun- oilmen Austin, Kintzinger, Rolb, Welu. Nays-None. May 19, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of the Volunteers of America requesting permission for holding a tag day in June or July 1954 was referred to the City Manager for investigation and re- port. I have contacted various agen- ties dealing with people in need of assistance and none of them know of any activity of the Vol- unteers of America in this city other than the collection of money on previous tag days prior to 1951. The National Information Bu- reau an agency that clears various charitable- groups that submit bud- get and service reports to them do not list the Volunteers of America as an accredited agency. I recommend that until a de- tailed report on the service this group performs for residents of the City of Dubuque and that their activities are coordinated with oth• er welfare agencies the request be denied. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. May 19, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Attached herewith is a consent petition signed by property owners within the assessment area of the improvement of Indian Ridge con• senting to narrowing the width of the street from 30 feet to 26 feet. I recommend that the Council approve this change and the peti- tion ,be made a matter of record. Respectfully submitted, L. J. SCHILTZ, City Manager r~, 1 C Regular Session, June 7th, 1954 379 Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded Eby Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays- None. June 1, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council requested a report on the reason and effect of changing the method of billing .by the Gas Company from a cubic foot basis to a therm bases. Under the present operation of supplying manufactured gas there is 560 B.T.U.'s in one cubic foot of gas. A B.T.U. is the unit of meas• urement of heat. During the period that it is nec- essary to convert all gas appliances the Gas Company plans to use a gas of 1,350 B.T.U. per cu. foot. This gas is interchangeable with natural gas and will permit the conversion of equipment without undue delay or shut downs. Using the therm basis of billing, conversion of the present meter reading can be made easily from cu. ft, to therm. When the higher B.T.U. gas is used the rate will be changed to correspond with the change in B.T.U. content of the gas. The customer will use a low- er number of cu. ft. of gas at a higher B.T.U. content and at the same price per therm as be is now paying. The therm basis of billing will be in effect until natural gas serv- ice begins in the fall and then will be repealed by a new rate ordi- nance far natural gas. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Austin moved that the communication of City Manag• er Schiltz be received and made a matter of record. Seconded by Councilman Kalb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu, Nays-None. June 1, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Albert Trumm and others requesting stop signs at 29th and White Street was referred to the Police Chief and Traffic De- partment for investigation and re- port. I am attaching the report which recommends the erection of stop signs on White Street a~t 29th Street. There also is a recommendation for the installation of a stop sign on Finley Street at Cherry Street. I cansur in these recommenda- tions and that Schedule 3 of Ordi- nance 33-49 be so amended. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City ~Man- ager Schiltz be approved and that a proper ordinance .be prepared. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 1, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of the Dubuque In- sulation and Siding Company ask- ing for permission to erect a per- manent type awning at the south ~i of 189 Locust Street was re• ferred to the Fire Chief and Build- ing Commissioner for recommen- dation and report. Attached is the report which shows that the awning would not interfere with fire fighting opera- tion and the recommendation that the petition be granted provided it does not interfere with the fire escape. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Kolb moved that the communication of City Manager Schiltz be received and made a matter of record and the recom- mendation approved. Seconded by I^. ,,,~fr '.ir~~~C ... _ _. 380 Regular Session, June 7th, 1954 I~ ~! Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 3, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Carl Launspach submitting an offer of $200.00 For the purchase of a vacated alley be- tween lots 146 Finley's Addition and 1 of 2 of 131 Finley's Addi- tion was referred to the City Coun- cil to view the grounds, The decision of the City Council was that the petitioner have the parcel platted and assigned a lot number also that the sum of $77.74 assessable against this property for street improvements be paid by the petitioner in addition to the price of $200.00 offered for the prop- erty. I recommend that the decision of the Council be confirmed, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 4, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: A request has been made for the installation of a street light at Meadow Lane and Dodge St. I recommend that a street light be installed at this location be- cause of the heavy traffic on the highway and the distance between existing lights. I also recommend that the light on West 5th St, between Alpine St. and Alta Vista c+ .l,c m^^^a +^ +t,^ next pole we: evenly space intersection. Respect L. J. S( City Ma Councilman Kolb moved that the recommendations of City Manager Schiltz be approved. Seconded -by Councilman Austin. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 4, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: With the inauguration of the use of natural gas in Dubuque this fall many heating units are being converted or have application on file for use of natural gas for heating. There is no City Ordinance reg- ulating the installation require- ments for Gas Fired Units and Conversion Gas Burners. In order that the installation of this equipment will be properly regulated and that uniform pro- cedures are followed, an amend- ment to the building code has been drafted to change the provisions relating to heating and ventilating. These amendments include re- quiring bonds of heating contrac- tors, providing for permits and fees and regulating installation of gas burning equipment. A meeting was held with repre• sentatives of the Master Plumbers, Heating & Ventilating Contractors and Gas Co, to discuss a new Heat- ing Ordinance for the City. Their opinion was that some Ordinance should be enacted so that uniform regulation would prevail. The Ordi- nance could be revised at a later date after a more thorough study. It later developed that the most logical procedure would be to amend our building code to in- clude gas burning equipment and for the time being leave out regu- lation on other forms of heating equipment which are now covered in separate Ordinance. I recommend that the City Coun- Regular Session, June 7th, 1954 381 Councilman Austin moved that the recommendation of City Manag- er Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE NO. 42.54 An Ordinance Amending .the Building Code of the City of Du• buque to change the provisions thereof relating to heating and ventilating by requiring bonds of heating contractors, providing for permits and fees, regulating the installation of gas burning equip- ment; amending Sections 31 and 322 thereof and adding Section 192.1 and Chapters. XVI A, and XVI B thereto, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Sec• onded by Councilman Kintzinger. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, I Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ~~ ordinance to be read on three sepa- ~, rate days. Seconded by Councilman is Kintzinger. Carried by the follow- ,E ing vote: ~ Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. ~ Nays-None, ORDINANCE NO. 42.54 An Ordinance Amending the Build- ing Code of the City of Dubuque to change the provisions thereof re- ~ lating to heating and ventilating by `,~: requiring bonds of heating contrac- tors, providing for permits and ' fees, regulating the installation oP gas burning equipment; amending Sections 31 and 322 thereof and add- ing Section 192.1 and Chapters XVI A and XVI B thereto. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Section 31 of the Building Code be and the same is hereby repealed and the following enacted In Ifeu thereof: "Section 3]. Bond far Heating Con- - tractors. Any person, firm or cor- poration desirine to en¢aee in the of the City of Dubuque and Statutes of the State of Iowa running to the benefit of the City of Dubuque and the members of the general public, in- clud[ng all customers of said heating contractor." Section 2. That the Building Code oP the City of Dubuque be and the same is hereby amended by adding a new section 192.1 thereto as follows: "Section 192.1. The foregoing pro- viafons relating to chimney and flue construction shall be autiject to the provisions of Chapters XVI A and XVI B relating to gas fired units and conversion gas burners." Section 3. That section 322 of the Building Code of the City of Du- buque be and the same is hereby repealed and the following enacted in lieu thereof: "Section 322. Before commencing the installation, remodeling, conver- sion or repair of any heating or ven- tilating apparatus in any building of the City of Dubuque a permit there- fore shall first be obtained by a heat- ing contractor qualified under the provisions of Section 31 hereof, and it shall be unlawful to commence any such work unless a permit shall first have been obtained and a permit fee paid in accordance with the following schedule: Heating and Fee Ventilating Schedule Stokers and conversion gas burn- ers ....... ............................................. $5.00 Furnaces, warm air units, boil- ers and gas fired heating units, including their necessary appur- tenances except wiring ... ... .. 6.OD New oil burning heating units ., 6.76 Fees for conversion oil burning units shall be as provided in Ordinance 24.31. Blowers, re- pairs, alterations and any other equipment or work not covered by the above when the price charged to the customer ex- ceeds $100.OD .................................... 6.00 Water heaters (gas) .......................... 1.OD The foregoing fees shall be in lieu of the fee for new heating installa- tions required by Section 28 hereof. No permit shall be required for work not covered by the above when the price charged the customer is $100.00 or less but such mark shall comply with the provisions of this Code and all other applicable Ordi- nances of the City of Dubuque. Section 4. That the Building Code of the City of Dubuque be and the same is hereby amended by adding a new chapter thereto known as Chap- ter XVI A, consisting of Sections 341.1 to 345.17 inclusive, as follows: 'CHAPTER XVI A" Approval and Installation Require- ments for Gas Fired IInits and Conversion Gas Burners With In- put Rating Up to 600,000 Btuh. 345.1 Definition (a) Gas fired unit is defined as either a package unit (furnace or boiler) in the smaller sizes designed by the manufacturer and shipped from the factory as a completely as- sembled unit or in the larger sizes not +n he shinnad emm~letaly aaaem- ,~`;_ { y l i'. ';j ti:, ~~: tl € ;: ,', ~~ l -i , "i;m ~~ ~t „` ~~ ~ ^6. _ P 6, j!. ;; i F ~, ~d ~, t~r~yr, ...~ .w~ . *ur ;sin ~ ~ . 382 Regular Session, 3»ne 7th, 1954 and cross sectional area and heat insulating quality to avoid excess temperature on adjacent combustible material and certified by a nationally recognized testing agency. They shat] be used only far venting gas fire equipment when that equipment does oat exceed flue gas temperatures in excess of 550 degrees F. at the out- let of the draft hood. 345.2 Approval Requirements All gas fired units and conversion gas burners shall be listed or ap- proved by The American Gas Asso- ciation Laboratories or a similar qual- ified impartial testing laboratory. The approval shall be far safety. combus- tion and rating. 345.3 Close Inspection of Furnaces Required (a) Before installation of a con- version gas burner in an existing warm air furnace is made, enough of the connecting pipes or outer casing shat] be removed so as to make close visual inspection around the entire circumference of the furnace primary and secondary heating surfaces. On inspection, if the furnace appears to be tight and before pipes or casing are replaced, the flue passage between the chimney and furnace shall be closed off and the furnace shall be given a smoke bomb or smoke candle test, If there is no visible sign of smoke around the whole perimeter of the furnace during this test, the furnace may he reassembled and the conversion gas burner installed. If smoke does appear during this test, the furnace shall be given another smoke test after repairs or replace- ments are made. 345.4 Automatically Operated Air Doors Not Permitted All combustion air doors will be per- manently positioned. 345.5 Hot Water Coils Not Permitted No hot water coils will be permit- ted in a combustion chamber in which a gas burner is installed. If there are hot water coils in a combustion chamber of an existing furnace or boiler they shall be removed when a conversion gas burner is installed in that furnace or boiler. 345.6 Requirements for Installation of Domestic Gas Conversion Burners The work shall be done and the equipment installed in accordance with recognized good practices. Com- pliance with "American Standard Re- quirements for Installation of Domes- tic Gas Conversion Eurners" 1948 Edition shall be prima facie evidence of good workmanship except as fol- lows: (a) Alt electrical wiring shall be done in the manner provided by ap- plicable ordinances of the City of Dubuque. (b) Room thermostats shall be in- stalled in accordance with good prac- tice and applicable city ordinances. (c) The main manual control valve shall be located not more than three feet upstream from the burner pres- sure regulator. (d) Automatically operated a i r doors shall not be permitted. (e) Automatic pilot shaIl be com- plete shut-off type. 345.7 Flue Gas Teat Required, Ex- planation With respect to Part VI, Section 5, method 1, paragraph c, and method 2, paragraph b-4, A C02, test shall in- dicate areading of 6~/z% to 9%. The flue gas temperature shall be not more than 650 degrees F. higher than the temperature of the air surround- ing the unit. These tests shall be made at a point between the fur- nace or boiler outlet and diverter and only when a gas conversion burner is fistalletl. The ("12 and temperature record- ings shall be posted on or near the equipment by the installer. 245.8 Instructiena to Be Left on the Job Instructions furnished by the man- ufacturer outlining procedures shall be attached to or near the installa- tion as follows: (a) Inafructlons for the proper manner of operating gas main shut-off valve, pilot valve and proper sequence for lighting unit. (b) Instructions outlining the prop- er sequence of turning off gas burn- er and closing gas main valve and auxiliary valves. 345.9 Chimneys, Flues, Vents This section shall apply only to na- tural draft venting. Forced draft or exhaust systems and Dower burners usually required special engineering and installation and shall require approval of the Building Commission- er. (a) All masonary chimneys used [or venting gas burning equipment up to 350,000 Btuh imput shall have installed within them a suitable tine liner as specified in sub-section (b) following: (b) Flue liners approved by the Building Commissioner are as follows: (1) Virtified steel pipe as ap- proved and classified by the National Board of Fire Underwriters Labora- tories. (2) Type B gas vents as approved and classified by the National Board of Fire Underwriters Laboratories. (3) Stainless steel 302-18.8 of not less than 20 gauge. (4) Vitrified clay pipe or file when joined gas tight with acid resistant mortar. Definition: Alumina and air setting refractory base mortors shall be con- sidered acid resistant when used Por Phis purpose. (c) In event the chimney serving gas fired equipment also serves one or more devices used for heating space other than gas fired, liner re- quirements may be omitted. Said device shall have not less than 1000 Btuh input per cross sectional square inch area of the flue in the chimney to which said device is connected. (d) If no new flue liner need be installed when new gas heating equip- ment is installed, there shall De pro- vided in the base of the chimney, a clean-cut door if one shall not be present. (e) When a flue liner is venting more than one gas fired appliance, It shall be of a size sufficient to vent all appliances connected to it. (f) Where gas vents are used to discharge gases directly to the out- side without the use of a masonry chimney, the following shat] be re- quired: (1) If Type "B" vents shall be in- stalled through attics, concealed places, and floats, 1" clearances will be required from combustible ma- terials and a spacing device used to maintain these clearances. when in- stalled in a concealed place, they wi13 be so installed so that they can be easily removed for inspection or replacement. (2) Packaged chimneys approved by the office of Building Commis- sioner steal] be acceptable for vent- ing gas equipment. 345,10. Gas Fired Appliances Requir- ing V~nting Regular Session, Jtlae 7th, 1954 383 (a) Appliances of the following type shall be Plue or vent connected ar provided with other approved means tar exhausting the flue gases to the outside atmosphere. (1) Space heating steam and hot water boilers and warm air furnaces, floor furnaces, unit heaters, duct furnaces and recess heaters. (2) Gas fired incinerators. C3) Water heaters with inputs 09eT 5000 Btuh, (4) Room heaters listed for vented use only. (5) Appliances equipped with gas conversion burners, (6) Appliances listed for vented use only. (b) Appliances listed below will not require venting unless they are listed for vented use or having in- stallation ]imitations. In such case they shall be Installed 1n accordance with its listing or installation limita- tions. (1) Gas ranges (2) Gas refrigerators (3) Counter appliances (4) Domestic clothes dryers. f5) Room heater or heaters listed for unvented use, installed in the same roam which, if not vented, would make the total imput rating of the unvented heating appliances less than 30 Btuh per cu. ft. of room content. 345.11. Installation of Gas Fired Equipment in Sleeping Quar- ters Only room heaters listed for vented use shall be installed in sleeping quarters for use of transients, as in hotels, motels and auto courts, in institutions such as Homes for the Ages, S a n i t o r i u m s, Conve]escent Homes, Orphanges, etc. Such heaters shall be connected to an effective flue or vent and equipped with an auto- matic pilot. Section 5. That the Building Code of the City of Dubuque be and the same is hereby amended by adding a new Chapter XVI B thereto consisting of Sections 395.12 to 345.14 inclusive as follows: Chapter VXI B Approved and Installation Re- quirements for Gas Fired Units and Conversion Gas Burners with Iaput Rating of 500,000 Btuh and larger 395.12 Approval All gas control equipment shall be approved by a nationally recognized testing laboratory. 345.13 Sueh equipment shall be in- stalled and inspected in the manner set forth in 'American Standards Requirements for Installation of Gas Equipment in Large Boilers-Z 21.33, 1950 Edition„ except as hereafter provided and said publication ex- cept as hereafter provided is hereby approved by the City Council and ordered placed on file with the City Clerk for public inspection and shall beome a part hereof of this reference The following changes and modifica- tions of said Standards shaIl apply: Manual Shut-off Valves. (A) Change paragraph 2.4.5 to read-"when there is no avaiiabie place for the inataialtion of a shut- off valve outside of the boiler room, the curb cock may be used and a curb cock wrench be furnished and hung on a wall outside of the boiler room in an easily accessible place. The curb cock shall be plainly mark- ed and kept clean of snow, ice or debris." Control Valves. (B) There steal] be added to sec- tion 2.6 the following sections: 2.5.1D For fuel inputs not exceed- ing S,000,OOD Btu per hour, the com- bustion control system may be the on-off type which shall consist of a pressure or heat-actuated controller to operate an approved slow opening on-off gas input control valve prop- erly interlocked with air louvers or dampers. 2.5.11 For fuel inputs exceeding 5,000,000 Btuh, the combustion con- trol system shall be the modulating type with 2 stage modulating valve assuring a low start. The system shall be designed so that air con- trol dampers and fuel input control valve will operate in conjunction with each other to maintain heat release to the boiler or furnace in balance with requirements and to assure safe, stable and proper combustion through- out the entire required range oP op- eration. 2.5.12 Manually lighted installations shall fallow a sequence of closing a push button start switch to open the pilot solenoid valve; the pilot being ignited from electric spark ignition system which is energized with the same push button start switch; the main burner being then ignited from the safety pilot by opening the manual firing valve after having opened the manual reset safety shut off valve. The start-atop switch will be so ar- ranged to prevent recycling of pilot following action of any safety device to shut off fuel. 2.5.13 Automatically lighted instal- lations shall have the necessary con- trols and devices to automatically ignite the safety pilot and open re- cycling safety shut off valve to per- mit ignition of the main burner from the safety pilot when fuel input is required and when fuel input is not required, shut off all gas to pilot and main burner; providing, however, standing pilots may be uaefl on nat- ural draft installations up to 2,000,000 Btuh input and in such cases the control arrangement shall shut off gas only to the main burner when fuel input is not required. Automatic pilot shall be complete shut off type. 2.5.14 On automatically recycling jobs where mechanical draft fans are required, opts-purge time of not less than 30 seconds shall be provided in [he starting sequence and accom- plished before pilot valve is opened. 2.5.15 The fuel Input control valve and the safety shut off valve shall be separate and independent valves where in [he opinion of the Building Commissioner it is needed as a safety factor. 2.5.16 Draft switches when required in the opinion of the Building Com- missioner shall be installed to abut off fuel in the event of air failure. 2.5.17 All limiting devices shall shut off fuel to all main burners. 2.5.18 There shall be no shut off valves in the piping between boiler and pressure andlor water limiting devices. 2.5.19 On ail installations, the con- trols shall prevent the opening of the main valve until after the presence of the picot flame has been proven. (C) There shall be added to sec- tion 3.2 the following: 3.2.6 There shall be provided a one-eighth inch pipe tap with plug in the gas burner manifold, such tap to be used for testing manifold gas pressure. 'q. ~~~~ ~h; ~~ ~$il <, alit ~~ 384 Regular Session, June 7th, 1954 34b.14 Dual-Fuel Burners Definition: The term, "Dual-Fuel Burner" shall mean an appliance de- signed to supply either gaseous or liquid fuel to and properly burn same within the combustion chamber of a Single boiler, furnace or other de- vice, originally designed to burn a single fuel, For self-contained inte- gral units, controls may be common to both burners or may be Independ- ent. Transfer from one fuel to the other shall be accomplished by means of a manual double throw switch interlocked to prevent simultaneous operation of both fuels. Other dual- fue] burners may be comprised of separate oil and gas units, one of which may be swung out of firing position on its structure while the other is in operation; or, units re- quiring the interchange of gas and oil inserts, so designed by the manu- facturer to assure proper positioning of either insert may be used. The term, "Dual Fuel Burner Equipment," shall include gas burners and all pip- ing, tank pumps, fans, blowers and all devices, and accessories connected to the burner. Requirements for such type installation are as follows: (a) Dual-Fuel installations utiliz- ing gas and solid fuel will require special approval for each individual installation, (b) When oil burners are used in conjunction with dual-fuel burners the installation will be made so that they will be immediately available for op- eration when gas is curtailed. (c) Gas burners shall be of the inshot type. The turndown ratio shall be such as to assure positive and safe ignition and complete sta- bility during operation of main flames on all burners or parts throughout the required range of operation. (d) To determine the necessary furnace volume, a value of 60,000 Btu per cubic Poot Per hour heat release will be the maximum allowable, 345.15 Furnace Volume When conversion gas burners are installed, a heat release of 4fI,00D Btu per cubic foot per hour will be the maximum allowable. Higher rates may be permissible when granted by specific approval of the Office of the Building Commissioner. Section 6. This Ordinance shall be In full force and effect from and after its final passage, adoption and publication as by law provided. Passed, adopted and approved this 7th day of June, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 14th day of June. 1954. 1t June 14 City Clerk J. J. SHEA, Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 7, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; This is to advise that I have ap- proved the following bonds and policy and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor: 51DEWALK Vern Carris, Bond No, 61096.54, Western Surety Company Donald J. Anthony, U.S. Fidelity & Guaranty Co. Valley Roofing Co., Bond No. 72446, Merchants Mutual Bonding Com- pany Schueller & Company, Band No. 609194.54, Western Surety Com- pany Jahn J, Waltz, Bond No. 613952, Western Surety Company Dam W. Schmaltz, Bond No, 28214 12 1135 53, U.S. Fidelity & Guar- anty Company EXCAVATION C. G. and Ray McDonnell, Policy No, GPL 1457781, Continental Casualty Company Respectfully submitted, L. J. SCHILTZ City Manager Councilman Kintzinger moved that the Bonds and Policy be placed an file subject to the ap- proval of the City Solicitor. Second- ed by Councilman Austin, Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 7, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached hereto is an applica- tion to the Civil Defense Adnun- istration for financial contribution toward a warning system for Du- buque. This application is a result of a visit by a representative of the Civil Defense Administration re• quested through the local Civil De- fense Director. A survey was made of the city to determine the num- ber of sirens needed for proper warning. The application shows a total Ji~gulas Session, Jwne 7th, 145:4 385 cost of $1,526.00 of which the city would pay $5,263.00. If the council approves the filing of this applica• tion. tihe expenditure would be in- cluded in the 1955 budget, how- ever, the application must be ap- proved lay the. Federal Civil De- fense Administration by June 30, 1,964 Some of the Iowa cities in criti- cal defense areas have already in- stalled,. these warning systems and others are now applying for funds. This, warning system could be available for use in any disaster and it is my recommendation that the request for financial assistance tpw,ard~ the cost of this equipment be made. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Sthiltz be approved and the City Manager authorized to execute the application on behalf of the City of Dubuque, Iowa. Seconded by Councilman. Welu. Carried: by the following vote: } Yeas -Mayor Schueller, Caun- cilmen Austin, Kintzinger, Kolb, Welu. - I ~ -; Nays-None. May 18, 1954 ~ Hon, Mayor and Members of the City, Council City, of Dubuque, Iowa. Gentlemen: You have asked. my opinion on the request of the l)ubuglie County Department of Social Welfare that Ilarvey Oswald be granted a junk cgllector's, license without charge. ' I am.advised that Mr. Oswald no logger employs a motor vehicle in this work and- consequently the li- tense fee is only $10: It is. my opin- ion that you may waiue the fee in I those eir;GUplstances. 1 Respectfully,, T. H. Nelson Councilman Welu moved that the opjpion of City Solicitor Nel- spl} be receiued apd made a matter of record, Seconded by Mayor Sehgeller. Carried Eby the following vote; ' Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Mlelu,. Nays.-None. May 21, 1954 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa Gentlemen: The Dubuque Planning & Zoning Commission respectfully recom- mends to Your Honorable Body denial of attached petition of R A. Schueller and Len Healy request- ing rezoning of the north easterly corner of 30th St, and Central Ave. to Local Business. The re- monstrance petition signed by John A. Matous et. al. dated Apr, 12, 1954, signed by some 35 property owners, in the area indicates how unpopular is this. suggestion. Yours truly, The. Dubuque Flanning & Zoning. Commission By. Righard V„ McKay, Secretary Mayor Schueller moved that the recommendation of the Planning and Zoning Commission be ap• proved. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin; Kintzinger, Kolb, Welu. Nays-None. May 14, 1954 To the Honorable Mayor- and City Council, Dubuque, Iowa. Gentlemen: The Planning & Zoning Commis- sion respectfully recommends the following change in the Master Plan of the City of Dubuque, viz. "Substitute Simpson St, as the route of proposed highway Ply- moutl- St: Extension now planned to pass through the Robert Wahl- ert and Vern Moore properties, from Cross St. easterly to the North Cascade Road.' This change will clear the situ- ation for both. properties men- txgned above, insofar a different subdivisiol- oaf the Moore property has. already been adopted, and Mr, Wahlert proposes to hold his prop- erty'intact. Yours truly, Dubuque Planning & Zoning Commission By R. v. McKay, Secretary "t; ~'. P,, 't ., .. ', ~ ; i _' '1 ; I ~, ~ ;i!. 38b Regulat Sessioh, Ju>ie 7th, 1954 Councilman Welu moved that the recommendation of the Plan- ningand Zoning Commission be ap- proved. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. May 21, 1954 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa Gentlemen: Referring to attached petition of Leo J. & Loretta Soppe et al. requesting rezoning of a strip ap- proximately 480' easterly,' from Old City Limits on Southerly side of Dodge St. to Multiple Residence the Dubuque Planning & Zoning Commission respectfully recomr mends denial of the petition. This area is developing beautifully as a Single Family District, and the Commission feels this trend should be allowed to continue. Yours truly, The Dubuque Planning & Zoning Commission By Richard V. McKay Secretary Councilman Welu moved that the recommendation of the Plan- ning and Zoning Commission be approved, Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. May 21, 1954 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Planning & Zoning Commission respectfully recom• mends denial of the attached peti- tion of C. F. Mettille et al. request- ing rezoning to Local Business Classification of balance Lot 14 and all Lot 15, Finley, Waples and Bur- tons Addition, The sentiment of neighboring property owners as evidenced by petition of May 6, 1954 signed by Jack Ohlsen et al. is decidedly against aDrive-In at this location. Yours truly, The Dubuque Planning & Zoning Commission By Richard V. McKay, Secretary Mayor Schueller moved that the recommendation of the Planning and Zoning Commission ~be ap- proved, Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. May 21, 1954 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentlemen: Referring to attached (1) peti- tion of John C. Kaiser et al. dated Dec. 8, 1953, asking for certain re- zoning of Lots 6, 7 & 8, Sub. of Part of Mineral Lot 149; (2) counter petition of Clifford Palm dated Mar. 12, 1954 containing many identical names as on former; (3) a secondary petition from some property owners on the northerly side of Dodge St. opposite the lots in question dated May 1, 1954 and signed by Jos. Roscranz et al.; (4) together with verbal evidence for and against presented at a meeting May 13, 1954, the Dubuque Plan- ning & Zoning Commission still feels that the sentiment of citizens in the area is not sufficiently crys- talized at present to warrant a change, and therefore the Dubuque Planning & Zoning Commission re- spectfully recommends to Your Honorable Body denial of the peti- tions of John C. Kaiser et al and Joseph Roscranz et al. Yours truly, The Dubuque Planning & Zoning Commission By Richard V. McKay, Secretary Attorney Frank D. Gilloon ad- dressed the Council in support of the petitioners for the rezoning of Dodge Street as requested by the petitioners. Councilman Austin moved that action be postponed on the recom- mendation of the Planning and Zoning Commission until after it Regular Session, June 7th, 1954 387 has been viewed by the City Coun• cil and that a meeting he held with the Planning and Zoning Commis- sion to discuss zoning matters. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 207.54 Resolution requiring abutting prop- erty owners to make sewer and water connections. Whereas, the City Council has heretofore adopted Resolution No's 109.54, 118-54, 127.54, 130-54, 133• 54, 142.54, 145.54, being the Reso- lution of Necessity for permanently improving Brunswick Street, Kane Street, Levi Street, Mineral Street, Poplar Street, West Thirty Second Street, and York Street; with As- phaltic Macadam Surfacing; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 21, 1954; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abut- ting property owners in accordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Res- olution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cast thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 7th day of June, 1954. LEO N. SCFIiTET,T.F,R Mayor CLARENCE P. WELD RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen .~_ ~..,~.~.~u~ i Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 266.54 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 Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT" Name Address Leo F, Link, 1487 Central Avenue Mrs. Josephine Burke, 1091 Main Street Clara M. Reuter, 3050 Asbury Street Paul Schollmeyer, 176 Locust Street Roger C. Johnson, 336 Main Street Clarence D. Schaller, 378 Main Street A. R. Uppinghouse and Philomena Uppinghouse, 238.240 West 6th Street Mrs. Edna Alderson, 1555 So. Grandview Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Knights of Columbus, 781 Locust 'Street CLASS "C" PERMIT Leo P. Manahl, 785 Groveland Place The Kroger Company, 270 West 7th Street Passed, adopted and approved this 7th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KBJTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: 38~ Regtdar Session, June 7thy 4954 Regular Sessiu~, Jane '>th,1954 389 i Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ItESOLUI`1ON N0. 209.54 Whereas, heretofore applications 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 oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bands: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named appli- cants aBeer Permit. CLA'3S "B" PERMIT Name Address Leo F. Link, 14$7 Central Avenue Mrs, Josephine Burke, 1091 Main Street Clara M. Reuter, 3050 Asbury Street Paul Schollmeyer, 176 Locust Street Roger C. Johnson, 336 Main Street Clarence D. Schaller, 378 Main Street A. R. Uppinghouse and Philomena Uppinghouse, 238.240 West 6th Street Mrs. Edna Alderson, 1555 So. Grandview Avenue CLASS y'B" PERMIT FOR PRIVATE CLUB Knights of Columbus, 781 Locust Street CLASS "C" PERMIT Leo P. Manahl, 785 Groveland Place The Kroger Company, 270 West 7th Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of June, 1954. LED N. SCHUELLER, Mayor CLARENCE P. WELD RAY F. KOLB RIIBEN V. AUSTIN CHARL Attest: J. J. Councilman adoption of tY ed 'by Councilman Kintzinger, ~Car- rr`ed b`y the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kint~inger, Kolb, Welu. Nays-None. RE$OLUt1ON N0. 210.54 Preliminary approval of pro- posed plans, specifications, form of contract, plat and sChednle 'and all othei documents far the con- struction of :an eight Q8) inch sani- tary sewer in Alley 1st west of Queen Street running from Clinton Street to 27th Street, estimated cost $2,U05.92, presented and read. Councilman 4Veln moved the adop- tion of the resolution, Seconded by Councilman Anstih. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays--None. (NeclSSify for Improveihent) RTeSOLUTiON N0. 211'•54 Whereas, proposed plans, speci- fications, form of contract, plat sand schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict; if any, 2. The size and kind of sewers. 3. Each lot proposed to be as• sensed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. Fr. m each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch sanitary sewer in Alley 1st west of Queen Street running from Clinton Street to 27th Street. Be Ih Therefore Resolved that the City Council on upon petition of property owners; deems it ad- visable and necessary for the pub- lic welfare to make -the herein ,nun- shall lit deemed to have waived aB objections thereto. Said improvement shall be Con- structed and done in accordance wi~tb the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are naw 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 provid- ed by law and in an amount not to exceed the amount provided by law, 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, a'nd any deficiency shell be paid by Alfred J. & Veronica M. Schiltz per petition and waiver agreement n'ow on file. Bonds shall be issued and sold in anticipation of deferred payihents of assessments wbeh a Contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- - duced, approved and ordered placed, on file with the City Clerk this 7th 'day of June, 1954. Approved and placed oh file for I final action. I ' - Approved; LEO N. SCIitJET,LER Mayor CLARENCE P. WELU RAY F. KOLB RI7BEN V. AUSTIN CHARLES A. KINT2INGE'R Councilmen Attest: J. J. SHEA, °City Clerk E Councilman Austin moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded by ~' Councilman Kolb, Carried by the ~ following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) contract and placed same on file in the offIee of the City Clerk for public inspection, for the con- struction of an eight (8) inch sani- tary sewer in Alley 1st, west of Queen Street running from Clinton Street to 27th Street. and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice far public inspection, Be Tt Therefore Resolved that on the 29th day of June, 1954, a pwbiic hearing will be held at 7:30 o'clock P.iVI. daylight saving time in the Council Chamber in the City of Tlubugne at which time the own- ers 6f property subject to assess- ment for ,the proposed improve- ment may appear and make objec- tion ,to the proposed plans and Specifications and proposed form of contract and at the same time to the boundaries of the proposed district, 'to the cost of the improve- ihent, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso• lotion of Necessity and the City Clerk be and he is hereby directed to 'cause a notice of the time and place of such hearing to be pub- lished in Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed far its consideration and un- less property owners at the time of final consideration of said resolu- tion Have on file with the Clerk objections Ito the amount of the proposed assessment, they shall have been deemgd to have waived all objections thereto, at which fiearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of June, 1954. LEA N, SCHUELLER '_ '4 ,~ ,_ ~h ~. ,~ 390 Regular Session, June 7th, 1954 Attest: J. J. SHEA, City Clerk Mayor Schueller moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, I{intzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 213.54 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the construe tion of an eight (8) inch sanitary sewer beginning at the existing manhole in Levi Street, 2522 feet west of the center line of Sullivan Street, thence north 419.5 feet, thence westerly 162 feet through Lot 8 of Brockman's Subdivision to the center line of English Lane, thence north 320.2 feet along the center line of English Lane, esti- mated cost $5,54022, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 214.54 Whereas, proposed plans, speci- fications, farm of contract, plat and schedule have been duly pre- pared and approved by the City Council of the Day of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• trict, if any. 3. The size and kind of sewers. 4. Each lot proposed to be as- s. An estimate of the cost of sensed together with a valuation fixed by the council. 6. In each case the amount the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch sanitary sewer beginning at the existing manhole in Levi St., 252.2 fit. weft of the center line of Sul- livan 5t., thence north 419.5 ft., thence westerly 162 ft. through Lot 8 of Brockman's Subdivision to the center line of English Lane, thence north 320.2 ft. along the center line of English Lane. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, 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 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 improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, 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 sewer funds. Bonds shall be issued and sold in antici• potion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of June, 1954. Approved and placed on file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest; J. J. SHEA, City Clerk Regular Session, June 7th, 1954 391 Councilman Kolb moved that the resolution be approved and placed on file with the City Clerk for pub- lic inspection. Seconded by Coun- cilman Welu. Carried by the fal• lowing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 215.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res• olution No. 213-54 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construe tion of an eight (8) inch sanitary sewer beginning at the existing manhole in Levi St, 252.2 ft. west of the center line of Sullivan St., thence north 419.5 ft., thence west- erly 162 ft, through Lot 8 of Brock- man's Subdivision to the center line of English Lane, thence north 320.2 ft, along the center line of English Lane. and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 29th day of June, 1954, a public hearing will be held 'at 7:30 o'clock P.M., daylight saving time in the Council Chamber in the City of Dubuque at which time the owners of property subject to assesment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed farm of contract and at the same 'time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro• posed to be assessed against any lot and to the passage of ,the pro posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in Resolution of Ne• cessity and the City Clerk ~be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed far its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Fassed, adopted and approved this 7th day o£ June, 1954. LEO N.SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0.216.54 - Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the con- struction of an eight (8) inch sani- tary sewer in Dodge Street begin~ ping at the existing manhole 112 feet west of the west property line of Cherokee Drive and on the north property line of Lot 2 of Dubuque Homes Subdivision No, 2, thence running north 156 feet to a point 40 feet south of the south edge of concrete pavement, thence running west parallel to edge of concrete pavement for a distance of ,1030.32 feet to a point 10 feet west of the east property line of Lot 3 of Burkart Subdivision, estimated cost $6,583.43, presented and read. Councilman Austin moved the adoption of the resolution. Second• ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. -Nays-None. 5 .; Si ~, a ~, ,' 1 ti( ~; ~'' ~~ fil ~K.ti ,, ~~, ;'l ,t ~~.9 ~tk r; '' ,~ t. r: i6 li' 392 Regulaa Session, Tune. 7t)~ 1954 (Necessity for Improvement) RESOLUTION N0. 217.54 Whereas, proposed. plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dwbuque and are now' on file in the office of the City Clerk showing among other things the following: 1, The boundaries of the dis- trict, if any. 3, The size and- kind of sewers. 4, Each lot proposed to be as- sessed together- vyith a valuation fixed by-the council 5. An estimate of the cost of the proposed i~iiprovement, stating the same for each different-type of construction and kind of material to, be used. 6. In each case the amount thereof which, is estimated to be assessed against each lot, for the co(rstructign of an eight (8) inch sanitary sewer in Dodge St, be- ginriing at the existing manhole 112 feet west of the West Property Line. of Cherokee Drive and on the North Property Line of Lot 2 of Dubuque Homes Subdivision No. 2, thence running north 156 feet to a point 40 feet south of the south edge of concrete pavement, thence rut}ning west parallel to edge of concrete. pavement for a distance of 1830.32 feet to a point 10 feet west o¢ the East Property Line of Lot.3 of Burkart Subdivision. Be It Therefore. Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare tq make the herein men- tioned improvement, and unless property owners, at the time of the final consideration. of this proposed resolution. have an file with .the City Clerk objections to the amount of the proposed assess- ments, 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 there- for. by the. City Engineer which have been approved Eby the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon. and war+.r,~..~:~,~rt,a-±..e c 7p'h'~~'"+a'ti~#'.'. . ~,.~ ~, ... Yl ~, against all privately owned prop- erty lying within assessable dis- tance. provided by law and in an amount not to exceed the. amount provided by law, property will be assessed whether the same abuts thereon or is, adjacent thereto ac• cgrd~ng tq, area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid: out of the sewer funds. Bonds, shall be issued and sold in anticipation of deferred payments oj; assessments when a contract has 6~en performed and accepted. and the proceeds theregf used tq pay the, contractor. The. above resolution was intro- duced~ approved and ordered Rlaced~ qn file with the City Clerk this, 7th day of June, 1954. Approved and placed on file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RfJBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J, SHEA, City Clerk Councilman Kintzinger moved that~the resolution be approved and placed on file with. the City Clerk for. public inspection. Second- ed by Mayer Schueller, Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing. date of hearing) RESOLUTION. NQ, 218.54 Whereas, the City Council of the City of Dubuque, Iowa, has ~by Res- glutign,No. 21f)-54 given its prelim- inary approval on the propgsed plans, specifications and form of cgntract and placed salve on file in the, of)'ice of the City, Clerk for public inspection, for the construc• tion of an eight (8) inch sanitary sewer in. Dodge St, beginning at the eXisting manhole 112 feet west of the tiyest Property Line of Cher- o~ee Drive and on the North Prop- erty Lane, of Lot 2 of Dubuque Homes, Subdivisipn No. 2; thence running ngrth.l56 feet tq,a pgint ~4• f~~t sol}th_ 01'~ the south, edge of Regular Session, June 'nth, 194 393 concrete pavement, thence running west parallel to edge of concrete pavement for a distance of 1030,32 feet to a point 10 feet west of the East Property Line of Lot 3 of Burkart Subdivision, and Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 29th day of June, 1954, a public hearing will be held 'at 7:30 o'clock P.M, daylight saving time in the Council Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract 'and at the same time to the boundaries of the proposed district, to the cost of the improve- - went, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk 1 be and he is hereby directed to ' cause a notice of the time and place of such hearing to be pub- lished in some newspaper pwb- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prap- erty owners at the time of final R consideration of said resolution have on file with the Clerk objec- s Lions to the amount of the proposed assessment, they shall have been deemed to have waived all ob- jeetions thereto, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon. Passed, adopted and approved ' this 7th day of June, 1954. ` LEO N. SCHUEhI,ER Mayor ~~ CLAR'ENCE P. WELU RAY F. KOLB ~ ii~ RUBEN V. AUSTIN ' ~~ CHARLES A. KINTZINGER Councilmen ~ e~, Attest: J. J. SHEA, City Clerk € Mayor Schueller moved the adoption of the resolution. Second- a ed by Councilman Kintzinger. Car- ried by the following vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 219.54 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the con- struction of an eight (8) inch sani- tary sewer in Kane Street, com• mencing at existing Kaufmann Ave- nue Trunk Line Sewer at a paint approximately 1884 feet west of the intersection of the center lines of Kane Street and Kaufmann Ave- nue thence running north a dis• tance of 217 feet, thence north- west adistance of 624 feet, thence running north a distance of 550 feet to a point on center line of Kane Street. This line will run through easements on the follow- ing property: Lot 2 of 1 of 51 Bur- tans Addition, Lot 1 of 1 of 2 of Mineral Lot 344, Lot 1 of 2 of 1 ofloflof2of1,2of2of2ofl oflofloflof2ofl,lof2of2 aflofloflaf2ofl,,and2ofl of 2 of 1 all in Mineral Lot 343, Lots 2, and 1 of 1 of 1 all in Olds Place, thence from point on center line of Lot 1 of 1 of 2 of Mineral Lot 344 and west a distance of 1260 feet to the end of Kane Street, es- timated cast $18,442.89, presented and read. Councilman Austin moved the adoption of the resolu- tion. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, (Necessity for Improvement) RESOLUTION N0. 220.54 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• trio, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as• sessed together with a valuation fixed by the council. r '~~ t i ~, ~~'~~ ~~ {''. ~~ ~Y, 394 12Egdar Session, June 'nth, 1954 4. An estimate of the cost of the proposed improvement, stating the name for each different type of construction and kind of material to be used. 5. In each case the amount thereof which is estimated to be asessed against each lot, for the construction o£ an eight (8) inch sanitary sewer in Kane Street, com- mencing at existing Kaufmann Avenue Trunk Line Sewer at a point approximately 1884 feet west of the intersection of the center lines of Kane Street and. Kaufmann Avemte thence running north a dis- tance 217 feet, thence north west a distance 624 feet thence running north a distance of 550 feet to a point on center line of Kane Street. This line will run through ease- ments on the following property: Lot 2 of 1 of 51, Burtans Addition, Lot 1 of 1 of 2 of Mineral Lot 344, Lotslof2oflofloflof2ofl, 2,of2of2aflofloflof2ofl, lof2ofZafiofloflof2afl, and 2 of 1 of Z of 1 all in Mineral Lot 343,, Lots 2, 1 of 1 of 1, all in Olds Place, thence from paint on center line of Kane Street, west a distance of 230 feet, to a point 15 feet east of the West Property Line of Lot 1 of i of 2 of Mineral Lot 344, and west a distance of 1260 feet to the end of Kane Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto, Said improvement shall be con- structed and dove in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been ap~praved by the City Council ~d 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 awned property lying within assessable distance provided Eby law .and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- aal benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- laced, approved and ordered placed on file with the City Clerk this 7th day of June, 1954. Approved and placed on file for final action Approved: LEO N. SCHUELLER Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V. AUSTIN CHAIiJ~1S A. KINTZINCrER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk far public inspection. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing dale of hearing} RESOLW710N N0. 221.54 laVhereas, the City Council of the City of Dubuque, Iowa, has by Res- olution Na. 219-54 given its pre• liminary approval on the proposed plans, specifications and form of contract and placed same an file in tlse office of the City Clerk for public inspection, for the construc- tion of an eight (8) inch sanitary sewer in Kane Street, commencing at existing Kaufmann Avenue Trunk Line Sewer at a point ap- proximately 1884 feet west of the intersection of the center lines of Kane Street and Kaufmann Avenue thence running north a distance 217 feet thence north west a dis- tance 624 feet thence running north a distance of 550 feet to a point on .center line of Kane Street. This line will run through ease- ments an the following property: Lot 2 of 1 of 51, Burtons Addition, .. n~ ~. k ~ f .. o ~x.+t?;zq"1rnWr~'11`Y~'1~'~`"p"~Tslk ~ .4;,~ . Regular Session, hme 7th, I954 395 ~;.~, Lot 1 of 1 of 2 of Mineral Lot 344, ,~ Lots 1 of 2 of 1 of 1 of 1 of 2 of 1, ~* 2of2of2oflofloflof2ofl, 1af2of2oflofloflaf2ofl, and 2 of 1 of 2 of 1 all in Mineral Lot 343, Lots 2, 1 of 1 of 1, all in ~;, Olds Place, thence from point on -,;: center line of Kane Street, east a distance of 230 feet, to a point 15 feet east of the west property line 'a of Lot 1 of 1 of 2 of Mineral Lot 344, and west a distance of 1260 feet to the end of Kane Street. and, Whereas, the proposed Resolu- ,~, tion of Necesity far said improve- r ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 29th day of June 1954, a public hearing will be held at 7:30 o'clock ''~` P.M. daylight saving time in the Council Chamber in the City of Du- buque at which time the owners of "x property subject to assessment for '~, ' the proposed improvement may ap- ~. ` ~" pear and make abjection to the pro- i+ posed plans and specifications and proposed farm of contract and at 1 the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity -~ and the City Clerk be and he is hereby directed to cause a notice - of the time and place of such hear- - ing to be published in some news- paper published in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed far its consideration and un- less property owners at the time of final consideration of said resoiu• tion have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all ob- ~, jections thereto, at which hearing ' the Council will hear such objec- tions and enter an record its final decision thereon. Passed, adapted and approved this 7th day of June, 1954. LEO N. SCHUELLEIt Mayor 1 CLARENCE P. W}7LU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIlVTZING'ER Councllmen Attest: J. J. SdIl1A, City Clerk Mayor Schueller moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the fallowing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. There being na further Jnusiness Councilman Welu moved to ad- journ. Seconded by Councilman Kolh. Carried by the following vote: Yeas -Mayor Schiller, CourF oilmen Austin, Kinttinger, Kolb, Welu. Nays-None. J. J. SIIiEEA, City Clerk Atppraved ................................1965. Adopted ................................_1955. Councilmen : .................................. Attest : .................................... City Clerk ' ~5 a; }j 396 Special Session, June 7th, 1954 Board Of Health (OFFICIAL.) Special Session, June 7th, 1954, Board met at 11:25 P.M. Present - Chairman Leo N, Schueller, Messrs. Ruben V. Aus• tin, Charles A, Kintzinger, Ray F. Kolb, Clarence P. Welu. Absent-Dr. A. J. Entringer. Communication of Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, advising that the application of Roy Papin for a license to oper- ate the Hawkeye Trailer Court at 2641 University Avenue has been approved far the calender year 1954, presented and read, Mr. Clar- ence P. Welu moved that the com- munication be received and filed. Seconded by Mr. Ray F. Kolb. Car- ried by the following vote: Yeas -Chairman Leo N. Schuel- ler, Messrs. Ruben V. Austin, Charles A. Kintzinger, Ray F. Kolb, Clarence P. Welu. Nays-None. Absent-Dr. A. J. Entringer. There being no further business Mr, Clarence P, Welu moved that the Board of Health meeting ad- journ. Seconded by Mr. Ray F. Kolb. Carried by the following vote: Yeas-rChairman Leo N. Schuel- ler, Messrs. Ruben V. Austin, Charles A. Kintzinger, Ray F. Kolb, Clarence P. Welu. Nays-None. Absent-Dr. A. J. Entringer, J. J. SHEA, Clerk, Board of Health. Approved ................................1955. Adopted ..................................1955. Members of ................................ Bd. of Health • ................................ Attest .................................. Clerk, Board of Health ~. Special Session, June 18th, 1954 397 CITY COUNCIL (OFFICIAL) Special Session, June 18th, 1954. Council met at 4:30 P.M. Present-Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, City Manager Schiltz. Absent-Councilman Welu. Meeting called by order of Ma• yor Schueller. Mayor Schueller read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of cronsidering the plans for the construction of a new swimming pool, June 18, 1954 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At a regular meeting of the Playground and Recreation Com- mission on Monday, June 14th, 1954, plans for the proposed swim- ming pool to be located in Flora Park were reviewed and approved. I hereby submit them to your Hon- orable Body for your considera- tion and approval. Respectfully submitted on behalf of The Playground and Recreation Commission Nicholas J. Sutton Director of Recreation. Councilman Kolb moved that the communication of Director of Rec- reation Sutton be received and made a matter of record. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb. Nays-None. Absent-Councilman Welu. ~' RESOLUTION N0.222.54 Preliminary approval of pro- posed plans, specifications, form of contract, and all other documents _. for the construction of a swimming pool to be located in Flora Park, estimated cost $185,000.00, present- ed and read. Councilman Kolb moved the adoption of the resolu- tion, Seconded by Councilman Aus• tin, Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb. Nays-None. Absent-Councilman Welu. (Necessity for Improvement) RESOLUTION N0.223.54 Whereas, proposed plans, speci- fications, form of contract 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 show- ing among other things an esti- mate of cost For construction of a swimming pool to be located in Flora Park, Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed cost of improve- ments, they shall be deemed to have waived ah objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by Paul Rossiter, Architect, 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 im• provement will be paid from the Swimming Pool Bond Issue Fund and in an amount not to exceed the amount provided by law. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 18th day of June, 1954. Approved and placed on file for final action. Approved: LEO N. SCHUEi,T,FR. Mayor RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded by Councilman Austin, Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb. Nays-None. Absent-Councilman Welu. t^ 1 t E `; l ,~ ,~ ~4r ~k t .t R f i ~, nll ,..d~ i~ ~I ~I ,, 1, ~v 398 Special Session, June 18th, 1954 (Fixing date of hewing) RESOLUTION N0. 22454 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 222.54 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Construction of a Swimming Pool to be Located in Flora Park. Now, Therefore, Be It Resolved that on the 6th day of July, 1954, a public hearing will be held at 7:30 o'clock P.M. daylight saving time in the Council Chamber in the City Hall at which time and place all persons interested may appear and make abjection to the proposed plans, specifications, con- tract far ar cost of the improve- ment. lie It Further Resolved that the City Clerk be and he is hereby di• rested to cause a notice of the time and place of such hearing to be published in the official news- paper at least ten days before said hearing at which hearing the Coun- cil will hear any objections and any evidence far or against the same and enter of record its deci- sians thereon. Passed, adopted and approved this 18th day of June, 1954. LEO N. SCHUELLER Mayor RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb. Nays-None. Absent-Councilman Welu. There being na further business Councilman Kolb moved to ad- journ. Seconded by Councilman Austin. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb. Nays-Naae. Absent-Councilman Welu. J. J. SHEA, City Clerk Approved ................................1955: Adopted ..................................1955. Councilmen : .................................... Attest : .................................................. City Clerk Special Session, June 29th, 1954 399 C~T~( COllNC1L (OFFICIAL) Special Session, .June 29th, 1954. Council met at 7:30 P.li4. Present-Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Weln, City Manager Sehiltz. Meeting called by order of Ma- yor Schueller. Mayor Schueller read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting public hearings for the co~astruction of various sani- tary sewers and acting upon such other business as may properly come before a regular meeting of the City Couneil. Proof of publication, certified to Eby the publishers, ~ notice of pen• deacy sf resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the con- stractian of an eight inch .sanitary sewer in Alley first west of Queen Street running from 'Clinton Street to 27th Street, estimated cost $2,005.92, presented and read. No - written objections filed and no ob- jectors present in the Council Chamber at the time yet for said public hearing. Councilman Kolb moved that the proef of publica- tion be received and filed. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun• ,; cilmen Austin, Kintzinger, K:oib, Welu. Nays-None. (Decision of Council upon objeo- tio~ to plans, specifications, 4orm of contract and cost of im• provenastrFs). RESOLUTION N0. 225.54 ~ AYhereas, proposed .plans and specifications and farm of con- tract for the construction of an j eight inch sanitary sewer ~ Alley 1st, west of Queen Street running from Clinton Street to .27th Street have been approved by the City Council of the City of Dubuque and Public notice .given as provid- ed by Chapter 23 of the Code of Iowa, 1950 pertaining to public contracts and bonds, and the time and place fixed far the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time be- ing this 29th day of June, 1954; and Whereas, the City Council met in special session this 29th day of June, 1954, at 7:30 o'clock P.M. at the Council Chambers in the City Hall far 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 pro- posed to be made; and Whereas, ail interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil 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 adopted, Be It Further Besolved that this resolution containing the decision of the Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent rec- ord in connection with said im- provement, Passed, adapted and approved this 29th day of June, 1954. LEO N, SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RTJBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest; J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by .the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. iii ~~.. ~ ~ -+«~wa;aa~~y.. . 400 Special Session, June 29th, 1954 ~ (Necessity for ImprovememF) ~ k ~ RESOLUTION N0. 211.54 I Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The boundaries of the dis- trict, if any. 2. Size and kind of sewers. 3. Each lot proposed to be as• sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stat- ing the same for each different t type of construction and kind of material to be used, 5. In each case the amount ~ thereof which is estimated to be r assessed against each lot, for the K construction of an eight inch san- r itary sewer in Alley 1st west of ~! Queen Street running from Clinton ~' Street to 27th Street. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution 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- A strutted and done in accordance F with the plans and specifications which have been prepared therefor by the City Engineer which have J been approved by the City Coun• '~ cil and are now on file with the , City Clerk. That the cost and ex- pense of making said improve- ment will be assessed upon and ` against all privately awned prop- F erty lying within assessable dis- i tance provided by law and in an amount not to exceed the amount jp ~ provided by law, property will be ~ ~I j assessed whether the same abuts n ~ thereon or is adjacent thereto ac• ry cording to area and in proportion to the special benefits conferred J ~~ thereby, and any deficiency shall be paid by Alfred J. Schiltz & Ve- ronica M. Schiltz as per petition ~I'I ~~ ~ '; ,~ and waiver agreement now on file. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or as• sessment district shall be assessed to and paid by the railway com- pany. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of June, 1954. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 29th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Construction) RESOLUTION N0.226.54 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No, 211-54 which was duly passed Eby this Council for the construc- tion of an eight inch sanitary sew- er in Alley 1st west of Queen Street running from Clinton Street to 27th Street be and the same are hereby ordered and constructed by this Council upon its own motion and with the petition of property owners. All the work shall ~be con- structed in accordance with the plans and specifications 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 im• provements be paid far by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the improvements, whether such prop- erty abut upon the same or are adjacent thereto, according to the Special Session, June 29th, 1954 401 a area thereof and in .proportion to the special benefits conferred, and any deficiency will Abe paid out of the general, improvement, or sew- . er 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 hereby or- dered and directed to advertise far proposals for the construction of the various improvements herein provided for in the mannei pravid• ed by law, the said improvements shall be completed on or before 10 days after notice to proceed is is- sued, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 29th day of June, 1954. LEO N.SCHUELLER Mayor = CLARENCE P. WELU - RAY F. KOLB - RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SIiEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, 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, specifications, form of contract and ~ cost of improvement for the con- struction of an eight (8) inch sani- tary sewer beginning at the exist- ing manhole in Levi Street, 2522 feet west of the center line of Sul- livan Street, thence north 419.5 feet, thence westerly 162 feet through Lot 8 of Brockman' Sub- division to the center line of Eng- lish Lane, thence north 320.2 feet along the center line of English Lane, estimated cost $5,540.22, pre- sented and read. Councilman Kolb moved that the proof of publica• tion be received and filed. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Mr. and Mrs. James Schroeder stating that they are in favor of the sewer going through on English Lane and would like to have it run across the back of their property as planned, presented and read. Councilman Kolb moved that the petition be received and filed. Seconded by Councilman Austin, Carried by the following vote: Yeas -'Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Lilliam M. Kassmeyer submitting written remonstrance against the proposed assessment against her prcperty and the pro- posed plan for the construction of an eight inch sanitary sewer begin- ning at the existing manhole in Levi Street, 252.2 feet west of the center line of Sullivan Street, thence north 419.5 feet, thence westerly 162 feet through Lot 8 of Brockman's Subdivision to the center line of English Lane, thence north 320.2 feet along the center line of English Lane, unless all of her property bordering on the street is serviced completely with sanitary sewerage. Councilman Welu moved that action be de- ferred an the proceedings for the construction of the eight inch san- itary sewer beginning at the exist- ing manhole in Levi Street, 252.2 feet west of the center line of Sul• livan Street, thence north 419.5 feet, thence westerly 162 feet through Lot 8 of Brockman's Sub• division to the center line of Eng- lish Lane, thence north 320.2 feet along the center line of English Lane until the City Council, City Engineer and City Solicitor have had an opportunity to view the grounds. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- .~ui 4 sr a~» fi~~ .r-, M.T,.:,~:o rP+`~~s',~v-ffi!Y~t..+b ,~._~~+b1hs '. 402 Special Session, June 29th, 1954 cilmea Austin, Kintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the con- struction of an eight inch sanitary sewer in Dodge Street beginning at the existing manhole 112 feet west of the west property line of Cherokee Drive and on the north property line of Lot 2 of Dubuque Homes Subdivision No. 2, thence running north 156 feet to a point 40 feet south of the south edge of concrete pavement, thence run- ning west parallel to edge of con- crete pavement for a distance of 1030.32 feet to a point 10 feet west of the east property line of Lot 3 of Burkart Subdivision, estimated cost $6,583.43, presented and read. Councilman Kalb moved that the proof of publication be received and filed. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. 1'o the Honorable City Council Dubuque, Iowa Gentlemen: We should like respectfully to register our protest against the amount of the estimated assess- ment against our property for the proposed sewer south of Highway 20 on the Burkart Subdivision. It seems to us that since our property is only undeveloped acre- age-your assessment is based upon 140 feet, fifty feet of which will eventually become a street, and will need to be given to the city anyway-does not warrant as assessment such as this. Our protest also has in mind that in the event the subdivision is de- veloped, the sewer will need to be lald down the street into the divi- sion anyway, It seems superfluous to go sa far to connect with the sewer in the Dubuque Homes Sub- division, Would the placement of the dis- posal plant which is soon to come to Dubuque have any bearing on ~.."~`- this particular area? It seems to us quite likely that it might. Respectfully, Geo, Jecklin Addle Jecklin City Manager SchIltz submitted verbal recommendation that when the final assessment is made that an adjustment'be made for the pro- posed 50 foot street. Councilman Austin moved that the verbal rec• ommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Decision of Council upon objec• tlons to plans, specifications, form of contract and cost of im• provements). RESOLUTION NO. 221.54 Whereas, proposed plans and specifications and farm of contract for the construction of an eight (8) inch sanitary sewer in Dodge Street beginning at the existing manhole 112 feet west of the west property line of Cherokee Drive and on the north property line of Lot 2 of Dubuque Homes Subdi- vision No. 2, thence running north 156 feet to a point 40 feet south of the south edge of concrete pave- ment, thence running west parallel to edge of concrete pavement for a distance of 1030.32 feet to a point 10 feet west of the east property lino of Lot 3 of Burkart Subdivi- sion have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 29th day of June, 1954; and Whereas, the City Council met in special session this 29th day of June 1954, 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 proposed plans, specifications ar contract for or Special Session, June 29th, 1954 403 cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil 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 adopted, Be It Further Resolved that this resolution containing the decision of the Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 29th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the fallowing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION NO. 217.54 Whereas, proposed pans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. Size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimtae of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the. amount thereof which is estimated to be as- sessed against each lot, for the construction of an eight (8) inch sanitary sewer in Dodge Street be- ginning at the existing manhole 112 feet west of the west property line of Cherokee Drive and on the north property line of Lot 2 of Dubuque Homes Subdivision No. 2, thence running north 156 feet to a point 40 feet south of the south edge of concrete pavement, thence run- ning west parallel to edge of con- crete pavement for a distance of 1032.32 feet to a point 10 feet west of the east property line of Lot 3 of Burkart Subdivision. Be It Therefore Resolved that the City Council upon petition of prop- erty owners, deems it advisable and necessary for the public wel• fare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived alt objections thereto. 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 improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessateat ~;,,8 ,, ~~; 404 Special Session, June 29th, 1954 district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of June, 1954. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 29th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. (Ordering Construction) RESOLUTION. NO. 228.54 Be It Resolved by the City Coun• cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 217-54 which was duly passed by this Council far the con• struction of an eight (8) inch sani- tary sewer in Dodge Street begin- ning at the existing manhole 112 feet west of the west property line of Cherokee Drive and on the north property line of Lot 2 of Dubuque Homes Subdivision No. 2, thence running north 156 feet to a paint 40 feet south of the south edge of concrete pavement, thence running west parallel to edge of concrete pavement for a distance of 1030.32 feet to a point 10 feet west of the east property line of Lot 3 of Burk- art Subdivision be and the same are hereby ordered and construct- ed by this Council upon its own motion and with the petition of property owners. All the work shall be constructed in accordance with the plans and specifications 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 im- provements be paid for by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the . improvements, whether such prop- erty 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 sew- erfunds of the ci-ty, 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 anticipa-tion 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 hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pravid• ed by law, the said improvements shall be completed on or before 30 days after notice to proceed is is• sued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 29th day of June, 1954. LEO N.SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, 'City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, 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; specifications, form of contract and cost of improvement for the con- struction of an eight (8) inch sani- tary sewer in Kane Street com- mencing atexisting Kaufmann Ave- nue Trunk Line Sewer at a point approximately 1884 feet west of the intersection of the center line of Kane Street and Kaufmaun Ave- 9k E ~`. b Special Session, June 29th, 1954 405 nue thence running north a dis- tance of 217 feet, thence north west a distance of 624 feet, thence run- ning north a distance of 550 feet to a paint on center line of Kane Street. This line will run through easements on the following prop- erty: Lot 2 of 1 of 51 Burtons Addi- tion, Lot 1 of 1 of 2 of Mineral Lot 344, Lots 1 of 2 of 1 of 1 of 1 of2ofl,Lot2of2of2ofloflof lof2ofl,lof2of2ofloflofl of2ofl,and2oflof2ofla1l in 'Mineral Lot 343, Lats 2 and 1 of 1 of 1, all in Olds Place, thence from a point on a center line of Kane Street west a distance of 230 feet to a point 15 feet east of the west property line of Lat 1 of 1 of 2 of Mineral Lot 344, and west a distance of 1260 feet to the end of Kane Street, estimated cost $18,- 442.89, presented and read. Coun- cilman Kolb moved that the proof of publication be received and filed. Seconded 'by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. 6.21-54. To the Honorable Mayor & City Councilmen Dubuque, Iowa Gentlemen: We the undersigned residents of Kane Street who have requested the proposed sewer extension here- by petition your Honorable Body that due to the excessive cast of acquiring the necessary easement and construction we feel for the present time at least it should be deferred and besides the cost of curb and gutter will tax our ability to pay for it. Mr. and Mrs. Joseph Bayer and 9 other signers. City Manager Schiltz submitted verbal recommendation that the City bear one-half of the cost of the construction of the portion of the sanitary sewer in Kane Street running up the hill from Kaufmann Avenue to Kane Street. Councilman Austin moved that the recommen- dation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote. Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of im• provements). RESOLUTION NO. 229.54 Whereas, proposed plans and specifications and form of contract for the construction of an eight (8) inch sanitary sewer in Kane Street commencing at existing Kaufmann Avenue Trunk Line Sewer at a paint approximately 1884 feet west of the intersection of the center lines of Kane Street and Kaufmann Avenue thence run- ning north a distance of 217 feet, thence north west a distance of 624 feet, thence running north a distance of 550 feet to a point on center line of Kane Street. This line will run through easements on the following property: Lot 2 of 1 of 51 Burton .Addition, Lot 1 of 1 of 2 of Mineral Lot 344, Lots lof2oflofloflof2ofl, 2af2of2oflofloflof2ofl, laf2of2oflofloflof2ofl, and 2 of 1 of 2 of 1 all in Mineral Lot 343, Lots 2, 1 of 1 of 1 all in Olds Place, thence from point on centerline of Kane Street east a distance of 230 feet to a point 15 feet east of the west property line of Lot 1 of 1 of 2 of Mineral Lot 344, and west a distance of 1260 feet to the end of Kane Street. Whereas, the City Council mot in special session this 29th day of June, 1954, 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 proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract far ar cast of said improvement hepe(n described 'i, ~Y f, ,i f ,,1 '. ~~ 1. ti f 1 l ~= 3.K~ ~, 406 Spocial Session, June 29th, 1954 and proposed to be made, be and the same are hereby overruled and such plans, specifications and farm, of cankract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of the Council upon all objections which have been filed to the plans, speci#ications and form of con- tract for or cost of said improve- ment be made a matter of perma- nent record in connection with said improvement. Passed, adopted and approved this 29th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RU&EN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J, SHEA, City Clerk Councilman Welu moved the adoption of 'the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0.220.54 Whereas proposed plans, specifi• cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now an file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any, 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation #ixed by the council. 4. An estimate of the cost of the proposed improvement, stat- irtg the same for each different type of construction and kind of material to be ased. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch sanitary sewer in Kane Street commencing at existing Kaufmann Avenue Trunk Lino Sewer at a point approximately 1884 feet west of the intersection of the center lines of Kano Street and Kaufmann Avenue thence running north a distance of 217 feet, thence north west a distance of 524 feet, thence running north a distance of 217 feet, thence north west a distance of 624 feet, thence running north a distance of 550 feet to a point on center line of Kane Street, This line will run through easements on the following property: Lot 2of 1 of 51 Burtona Addition, Lot 1 of 1 of 2of Mineral Lot 344, Lots 1 of 2of 1 of 1 of 1 of 2of 1, 2of2of2oflofloflof2ofl, 1of2of2ofloflof2ofl, and 2of 1 of 2of 1 all in Mineral Lot 343, Lots 2, 1 of 1 of 1 all in Olds Place, thence from point on centerline of Kane Street east a distance of 230 feet to a paint 15 feet east of the west property line of Lot 1 of 1 of 2of Mineral Lot 344, and west a distance of 1260 feet to the end of Kane Street. Said improvement shall be con- structed and done in accordanco with the plans and specifications which have been prepared there- for by the City Engineer which Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amoun provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds.. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street ar assessment district shall be assessed to and paid by the railway company. The above resolution was intro- doted, approved and ordered placed on file with the City Clerk this 7th day of June, 1954. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 29th day of June, 1954. TJEO N. SCHUELLER Mayor Special Session, June 29th, 1954 407 CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Mayor Schueller. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Construction) RESOLllTtON N0. 230.34 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No, 220.54 which was duly passed by this Council for the con- struction of an eight (8) inch sani- tary sewer in Kane Street cam- meficing at existing Kaufmann Ave- nue Trunk Line Sewer at a point approximately 1884 feet west of the intersection of the center lines of Kano StreeC and Kaufmann Avo- nue thence running north a dis- tance of 217 feet, thence north wefft a distance of 624 feet, thence running north a distance of 550 feet to a point on center line of Kane Street. This line will run through easements on the follow- ing property: Lot 2of 1 of 51 Bur- tona Addition, Lot 1 of 1 of 2of Mineral Lot 344, Lots 1 of 2of 1 of loflof2of1,2of2of2oflof laflof2ofl,lof2of2ofl ofloflof2ofl,and2oflof 2 of 1 all in Mineral Lot 343, Lots 2, 1 of 1 of 1 all in Olds Place, thence from point on centerline of Kane Street east a distance of 230 feet to a point 15 feet east of the west property line of Lot 1 of 1 of 2of Mineral Lot 344, and west a distance of 1260 feet to the end of Kane Street be and the same are hereby ordered and constructed by this Council upon its own mo• tion and with the petition of prop- erty owners, All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying wlthin 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 bands 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 hereby ordered and directed to advertise far proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 60 days after notice to pro- ceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and af- ter its passage and adoption by the City Cduncll. Passed, adopted and approved this 29th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RU$EN V. AUSTIN CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Mayor Schueller. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Mrs. Betty Soppe in the amount of $6.00 for the cervices of a wrecker truck made necessary because of the de- fective condition of Fairfax Avenue immediately in front of Na. 1652, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City So- licitor for investigation and report. i ~, ,,u~~ ~' " ~I 448 Special Session, June 29th, 1954 Seconded by Councilman Kintzing• er. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, ~ I '~ Welu. Nays-None. Notice of Claim of Leon Soppe in the amount of $1428 for damages to car caused by the defective con- dition of Fairfax Avenue. at No. 1652, presented and read. Council- man Austin moved that ,the Notice of Claim be referred to the City Solicitor for investigation and re- ~~ _ port. Seconded by Councilman Welu. Caned by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kblb, Welu. Nays-None. Notice of Claim of Herbert Saam _ in the amount of $80.00 for dam- n t' ages to tires caused by striking hales in the street at 17th and ~ "=' ~~' Locust Streets and also at 1765 Asbury Street, presented and read. ~! ' Councilman Austin moved that the Notice of Claim be referred to the o - City Solicitor for investigation and ~'=_ report, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: j~l, Yeas -'Mayor Schueller, Coun• ~' cilmen Austin, Kintzinger, Kolb, _ , ; Welu. ' _~ `~~' ~: Nays-None. ~~' Notice of Claim of Eugene N. ~' ~ ~ Jahn in an unstated amount for ' damages to fire on car caused in striking a hole in the street in the `' fie 400 block on Primrose Sheet, pre- ~; g~a sented and read. Councilman Welu ~__ moved that the Notiee of Claim be ~~ referred to the City Solicitor for ~= investigation and report. Seconded ~C by Councilman Kolb. Carried by ~'e the following vote: ~~ Yeas -Mayor Schueller, Coun- ~= cilmen Austin, Kintzinger, Kolb, ~~ Welu. ~= Nays-None. - Notice of Claim of Howard B. ~~ Adams in the amount of $100.00 for ~~_ damages to his property at 1576 a Glen Oak Street caused by water running from the streets and flow- ~ ing over and onto his property, ~ presented and read. Councilman ''~ Kintzinger moved that the Notice of Claim be referred to the City ~ Solicitor for investigation and re- port. Seconded by Councilman Aus- tin, Carried by the following vote: ,~ ~~ ,~ - Yeas -Mayor :Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Wm. R. Hal- lahan in an unstated amount for damages to his car caused by ob- structions on curbing at 840 Kane Street, presented and read, Coun- cilman Austin moved that the No- lice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Alan Wilber- ding in the amount of $15,00 for the cleaning and resimonizing of his car caused by the Street De- partment spraying asphalt on his car when oiling Salina Street, pre- sented and read. Councilman Aus- tin moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seo- onded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. Notice of Hospital Lien of St. Joseph Mercy Hospital in relation to the accident of Henry Mertes which occurred on or about Janu- ary 25, 1954, presented and read. Councilman Welu moved that the Notice of Lien be referred to the City Solicitor for investigation and report. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas -Mayor :Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. Communication of The Key City Gas Company in regard to the or- dinance recently passed by the Du- buque City Council authorizing The Key City Gas Company to bill on the therm basis and advising Coun- cil that they intend to continue bill- ing inthe same manner as has been their custom until early in July when the B.T.U. content of manu- factured gas will be raised in order to present a gas interchangeable with natural gas and that when the Special Session, June 29th, 1954 4D9 higher B.T.U. gas is served cus- tomers that they will change the rate per cubic foot to correspond with the change in B.T.U. content of ,the gas and that this therm basis will continue in effect until natural gas service begins this fall and then should be repealed by the nat- ural gas rate ordinance now being studied by the City Council, pre- sented and read. Councilman Welu moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Dalton N. and Frances M, Urbach submitting of- fer in the amount of $50.00 for the purchase of Lot 224 in Union Addition, presented and read. Councilman Welu moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Schlueter In- surance Agency stating that Mr. Julius Abitz has requested the can- cellation of his Sidewalk Bond and asking that the City of Dubuque i release said Sidewalk Bond, pre- sented and read. Councilman Aus- tin moved that the request be granted and that a letter of re- lease be forwarded to the Schlue• ter Insurance Agency. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of P. J. Houser, Director Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, submit- , ling permit for the construction of sanitary sewer in Alley west of Queen Street and English Lane Plat subject to conditions and re- quirements, presented and read. Councilman Kintzinger moved that the communication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Scheluer, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of P. J. Houser, Director Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, submit~ ling permit for the construction of sanitary sewer in Kane Street subject to conditions and require- ments, presented and read. Coun- cilman Austin moved that the com- munication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of The Clark En- gineering Co., Des Moines, Iowa, stating that if the City is consid- ering the design and construction of parking facilities or other proj- ects that they would be grateful if given the opportunity to dis- cuss the designing service, present- ed and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Mr, and 'Mrs. J. Newell Blades stating that they feel that consideration should be shown the Dubuque Community T. V. Cable Corp, in the matter of a franchise piped T.V., presented and read. Councilman Kolb moved that the communication be referred to the City Council far future ac- tion. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, W~elu. Nays-None. Petition of Even Radio & T.V. Co. and others, television dealers and service men in the City of Dubuque, Iowa, petitioning the City Council to give favorable con- sideration to the application of Dubuque-Jerrold Television Cable Corporation for a franchise to use the city streets and alleys for the distribution of television signal via l ~~, ':'i 410 Special Session, June 29th, 1954 coaxial cable, presented and read. Councilman Kaib moved that the petition be referred to the City Council for future action. Second- ed byCouncilman Welu. Carried by the following vote: Yeas -- Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kalb, We1u. Nays-None, Petition of Dubuque-J'errald Tel- evision Cable Corporation submit- ting asubstitute Ordinance for Council consideration relative to their application for a franchise to erect, maintain and operate transmission and distribution fa- ctlities in, under, over, slang, across and upon the streets, alleys and other public places in the City, presented and read. Councilman Welu moved that the petition be referred to the City Council far future action. Seconded by Coun• oilman Kolb. Carried by the fal- lowing vote: Yeas ~- Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu, Nays-None, Petition of Dubuque Community Television Cable C o r p o r a t i o n amending its original application for a franchise to erect, maintain and operate a system of television reception, amplification and dis- tribution upon the public streets and ways in the City for a period of Z5 years, far the purpose of furnishing television reception to those homes now unable to enjoy adequate reception by stating its complete willingness to accept a franchise under the terms of the revised ordinance proposed by Du- ~buque•Jerrold Television Cable Cor• partition in its Amendment of Juno 15th, 1954, if such changes are desired by the City Council, except Section 13 thereof, pre- sented and read. Councilman Kolb moved that the petition be referred to the City Council for future ac- tion. Seconded >,y Councilman Welu. Carried by the following vote: Yeas 4- Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays)-None. Councilman Kolb moved that the telegrams received from city of- flcials and company heads in other cities and towns recommending the Jerrold System for a Television Franchise be referred to the City Council for future action. Second• ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, We1u. Nays-None. Petition of the Dubuque Galf and Country Club requesting permis- sion to hold a fireworks display on Sunday night, July 4th, 1954, presented and read. Councilman We1u moved that the request be granted. Seconded by Councilman Kalb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Angelo and Anna Ruth Kerper requesting that Lots 1, 2,3,4,5 and 6 of Block 1 of "St. Anne's Subdivision be rezoned to Local Business District Classifi- cation, presented and read. Coun- cilman Welu moved that the peti- tion be referred to the Planning and Zoning Commission far their recommendation and report. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas ~- Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Donald Brewer re- questing arefund In the amount of $150.00 on the unexpired por- tion of his Class "B" Beer Permit No. 25, as he has discontinued bus- iness on June 9, 1954, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Donald Brewer to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 25. Seconded by Councilman Welu. Carried by the following vote: Yeas ~- Mayor Schueller, Coun- oilmen Austin, Kintzinger, Kolb, Welu. Nays--None. Petition of Klauerdulien Hotel Company asking that the situation relative to truck routes be re- viewed and that truck routes be Special Session, June 29th, 1954 411 adopted that will not traverse ei- ther Second Street~between Locust and Iowa Streets, nor Main Street between First and Third Streets, presented and read, Councilman Welu moved that the petition be referred to the Chief of Police. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of the Dubuque Police- men's Protective Association asking for a salary increase of $30.00 per month for all members of the de- partment and to change the $10.00 a month clothing allowance granted for the year 1954 to a raise in sal- ary in line with the raises granted the other city departments at that time, presented and read. Coun- cilman Welu moved that the pe- tition be referred to the City Coun- cil far consideration at the time the tax levy is being considered by the Council. Seconded by Coun- cilman Kolb. Carried by the fal- lowing vote; Yeas - Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kalb, Welu. Nays-None. Petition of Joe Bush and others requesting that a street light be installed and a stop sign erected on the corner of 15th and Cedar Streets, presented and read. Coun- cilman Welu moved that the por- tion of the petition requesting the installation of a street light be re- ferred to the City Manager and Electrical Inspector for their rec- ommendation and report and that the portion of the petition request- ing the erection of a stop sign Abe referred to the Traffic Department for their recommendation and re- port. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Earl Gadient, owner of Lat 477 Hams Addition, 2090 Emerson .Street, requesting the City Council to construct a rock re- taining wall at his awn expense along Emerson Street, 8 feet from curb line and extending from the alley between Emerson Street and Lincoln Avenue, a distance of ap- proximately 30 feet the height of wall to be approximately two feet at alley and tapering to ground level, presented and read, Council- man Welu moved that the request be granted subject to the right of the City of Dubuque to remove said wall at the direction of the City Council. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Dubuque Baseball Inc. requesting permission to hold a display of fireworks on July 5th, 1954, presented and read. Coun- cilman Welu moved that the re- quest be granted. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Dubuque Sports Bowl Inc. requesting permission for the holding of a display of fireworks on the nights of July 3rd, and 5th, 1954, presented and read, Coun- cilman Welu moved that the re- quest be granted. Seconded by Ma- yor Schueller. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzfnger, Kalb, Welu. Nays-None. Assignment of Russell A. Schuel- ler, d/b/a Schueller & Co., Du- ~buque, Dubuque County, Iowa, of all monies due for curb and gutter constructions under contract with the City of Dubuque, Iowa, pre- sented and read. Councilman Aus- tin moved that the Assignment be accepted and placed on file. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. ORDINANCE N0. 43.54 Ordinance Amending Ordinance No. 33.49, known as the Traffic Code, by requiring vehicles to stop at the intersections of East 29th and White Streets, and Cherry and Finley Streets, presented and read. Councilman Welu moved that the ~i Q I ~~~ ,, 412 Special Session, June 29th, 1954 reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor ;Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an ordinance to 'be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Ordinance No. 43.54 Ordinance Amending Ordinance No. 33-49, knows as the Traffic Code, by requiring vehicles to stop at the in- tersections of East 29th and White Streets, and Cherry and b'inley Streets. Be It Ordained By The City Coun- cil Of The City Of Dubuque, Iowa; Section 1. That Section B of Sched- ule III of Ordinance No. 33-49 be and the same is hereby repealed and the following enacted in lieu thereof. °Iu Sect[on R-Northbound and south- bound vehicles must stop before en- tering: Rosedale Street at Avoca Street; East 21st Street at Washington Street; East 21st Street at Elm Street; Fourth Street at White Street; East 17th Street at White Street; Lincoln Avenue at Stafford Avenue; East 29th Street at White Street; Finley Street at Cherry Street." Section 2, This Ordinance shell be in full force and effect from and after its final passage, adoption and pub- lication as by law provided. Introduced the 29th day of June, 1954. Rule requiring reading on three separate days suspended by unani- mous vote the 29th day of June, 1954. Passed, adopted and approved this 29th day of June, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Attest: J. J SHEA Councilmen City Clerk Published officially in The Tele- graph-Herald newspaper this 2nd day of July, 1954. J. J. SHEA tt. 7-2 City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn . for the month of May, 1954, pre- sented and read. Councilman Kolb moved that the proof of publica- tion be received and filed. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Certificate of Board of Trustees of the Fire Pension Board deter• mining and fixing the budget re- quirements and tax levy for the ensuing year for fire pension pur- poses, presented and read. Coun- cilman Kolb moved that the Cer• tificate be referred to the City Council for their consideration at the time the Budget will be con- sidered by the City Council, Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Certificate of Board of Trustees of the Fire Retirement System de- termining and fixing the budget re- quirements and tax levy for the ensuing year for fire retirement purposes, presented and read. Councilman Kolb moved that the Certificate be referred to the City Council for their consideration at the time the Budget will be con- sidered by the City Council. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Certificate of Board of Trustees of the Police Pension Board de- termining and fixing the budget re- quirements and tax levy for the ensuing year far police pension purposes, presented and read. Councilman Kolb moved that the Certificate be referred to the City Council for their consideration at the time the Budget is being con- sidered by the City Council. Sec- onded by Councilman Welu. Car- ried by the fallowing vale: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Certificate of Board of Trustees of the Police Retirement System determining and fixing the budget 413 Special Session, June 29th, 1954 requirements and tax levy for the ensuing year for police retire- ment purposes, presented and read. Councilman Kolb moved that the Certificate be referred to the City Council for their consideration 'at the time the Budget is being con- sidered by the City Council. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb; Welu. Nays-None, City of Dubuque of a properly exe- cuted release. Seconded by Coun• cilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun cilmen Austin, Kintzinger, Kolb Welu. Nays-None, June 24, 195 3norable Mayor & Members of e City Council of the ity of Dubuque, Iowa entlemen: On April 30, 1954 Mrs. Grac June 24, 1954 txeiser, of the City of Dubuque Honorable Mayor and Members filed a claim for damages sustaine of the City Council of the by her when she slipped and fe City of Dubuque, Iowa on a sidewalk on the southea Gentlemen: corner of 2nd and Main Street On April 22, 1954 recommenda• Said claim was for damages in tl amount of $45.00, Said claim w tion was submitted by this office referred to this office for inves to your Honorable Body denying a gation and report. claim filed by Mrs. Gladys Songs- After due investigation and cc ton, who sustained injuries as the saltation with claimant, she afire result of a fall upon a sidewalk in to compromise and settle said cla'. front of 397 Southern Avenue. Sub- for $25.00 and, it is respectfu sequent to that communication, phis recommended to your honoral office became aware of certain body that said claim be comp facts and circumstances which raised and settled for that amou might render the City liable to the It is further respectfully recc claimant, Said information was not mended that the Auditor be available at the time the first strutted to draw a warrant in communication was submitted to favor of Mrs. Grace Geiser, in the Council, sum of $25.00, to Abe delivered Accordingly, Claimant was con- her upon the execution of the pr tatted by this office and her claim er release. was again discussed and, she Respectfully submitted, agreed to compromise and settle g, M. Czizek the claim for $175.00, In the light Assistant City Solicitor of the newly discovered facts and Councilman Welu moved 1 circumstances, it is deemed advis- the recommendation of Assis able by this office that such com• City Solicitor Czizek be apprc promise settlement be made. and the City Auditor instructe~ It is, therefore, respectfully rec• draw a warrant in the amoun ommended that said claim be tom- $25.00 in favor of Mrs. Grace promised and settled with Claim- sec, as settlement in full of ant in the sum of $175.00 and that, claim, and that said warrant ~" the Auditor be instructed to draw delivered upon receipt by the a draft in favor of Claimant in that of Dubuque of a properly executed amount and deliver to her upon release, Seconded by Councilman execution of a proper release, Kolb. Carried by the following Respectfully submitted, vote: R. M. Czizek, Yeas -Mayor Schueller, Coun• (` Assistant City Solicitor cilmen Austin, Kintzinger, Kolb, Councilman Welu moved that Welu. the recommendation of Assistant Nays-None. 54 City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $175.00 in favor of Mrs. Gladys Sangston, as settlement in full of her claim, and that said warrant be delivered upon receipt by the June 24, 19 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: On April 28, 1954, Mrs. Viola Kramer filed a Claim #4r damages 414 Special Session, June 29th, 1954 sustained to her automobile in the sum of $17.00 when her car struck a hole in the street at 15th and Pine Streets in the City of Du- buque, Said claim was referred to this office for investigation and report. After due investigation, it ap- pears that a hole did exist in the street, approximately four feet long and two and one-half feet deep. Said hole has been since repaired by the Street Comnus- sion. It is, therefore, respectfully rec- ommended that said claim be paid sad that the Auditor be instructed to draw a warrant in the amount of $17.00 in favor of Mrs. Viola Kramer, to be delivered to her up- on the execution of a proper release. Respectfully submitted, R. M. Czizek, Assistant City Solicitor Councilman Kintzinger moved that the recommendation of Assist- ant City Solicitor Czizek ~be ap- proved and the City Auditor in- structed to draw a warrant in the amount of $17.00 in favor of Mrs. Viola Kramer, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly exe- cuted release. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. June 24, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: Two claims for damage to au- tomobiles have been recently filed with the City Clerk of the City of Dubuque as the result of passing over the Great Western tracks at the intersection of 14th and Pine Streets, This office has inspected said area and deems it advisable to call the matter to the attention of your Honorable Body. The claims filed have been de- nied by this office for the reason that the City of Dubuque was guil- ty of no negligence in the mainte- nance of the street to render it li- able to the Claimants. The surface of the street, as regards both the uv r r~ ,„ ar~r~c~, ~~*~ „,.H+h~i .~ . ~~, ~k. s i easterly and westerly approaches, is good. However, there is a very sharp grade on each approach and the approach from the easterly side of the tracks going to the west is very steep and automobiles must be driven very slowly over said approach, if passage is to be done without damage. Since the grade has not been changed for apparently many years, a hazard- ous situation is created with the advent of lower slung automobiles of the type in use today. It ap- pears the only workable solution of this problem would be to con- sult the Groat Western Railroad with the view of reducing the ele- vation of the tracks at that point to the grade of the street. Such operation would, likewise, tend to shorten the approaches to the pro- posed overpass, when such over- pass is constructed. A copy of this communication is being forwarded to the Great Western for their consideration. Respectfully submitted, R. M. Czizek, Assistant City Solicitor Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved. Seconded by Councilman Kintzing- er. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 24, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: On May 15, 1954, Joe Benda filed a claim for damages in the sum of $20.52, which were sustained by him while driving his car over the Great Western railroad approach on 14th and Pine Streets. Said claim was referred to this office far investigation and report. After due investigation, it appears that the City of Dubuque was guil- ty of no negligence which would render it liable in damages to the Claimant. It is, therefore, respectfully rec- ommended that said claim be de- nied. Respectfully submitted, R, M. Czizek, Assistant City Solicitor Councilman Kintzinger moved Special Session, June 29th, 1954 415 that the recommendation of As- sistant City Solicitor Czizek be ap- proved. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-Nave. June 24, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: On May 24, 1954, Arnold Jaeger filed a claim for damages in the sum of $2593, which were sus• tained by him while driving his car over the Great Western Rail- road approach on 14th and Pine Streets. Said claim was referred to this office for investigation and report. After due intestigatlon, it appears that the City of Dubuque was guilty of no negligence which would render it liable in damages to the Claimant. It is, therefore, respectfully rec- ommended that said claim be de- nied. Respectfully submitted, R. M. Czizek Assistant City Solicitor Councilman Kintzinger moved that the recommendation of As- sistant City Solicitor Czizek be ap- pravad. Seconded by Councilman Austin, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 24, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: On May 17, 1954, Evelyn Good- man filed a claim with the Clty of Dubuque for damages iri the sum of $12.15, sustained by her when her car was driven into a "Slow" sign at 13th and Main Streets. Said claim was referred to this office for investigation and report. After due investigation, it appears that the City of Dubuque was guilty of no negligence which would render it liable in damages to the Claimant. It is, therefore, respectfully rec- ommended that said claim be de- nied. Respectfully submitted, R. M. Czizek, Assistant City Solicitor Councilman Kintzinger moved that the recommendation of Assist- ant City Solicitor Czizek be be ap- proved. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 29, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission herewith submits to your honorable body proposed revisions to the non conforming use sections of the Zoning Ordinance, These re- visions clarify and more clearly define the non conforming uses and use changes and will eliminate the confusion that now exists. Therefore we recommend the adoption of these revisions. Respectfully submitted: R. V, McKay, Secretary Dubuque Planning and Zoning Commission Councilman Austin moved that the recommendation of the Plan- ning and Zoning Commission be accepted. Seconded ,by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 44.54 An Ordinance Amending Ordi- nance No. 3.34, known as the Zon- ing Ordinance, by repealing Sec- tion 1 (i) of Article II thereof and enacting a substitute therefor, pre• sented and read. Councilman Welu mated that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ,a std ~~~ (_', 416 Special Session, June 29th, 1954 Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. Councilman Welu moved that a public hearing 'be held an the ordinance an July 20th, 1954 at 7:30 o'clock P.M. daylight saving time and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Soconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 18, 1954 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 May, as well as list of claims and list of payrolls for which warrants were issued for the month of May, 1954. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. June 29, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: SIDEWALK Dallas M. Bush, Bond No.610187-54, Western Surety Company ~u.,~ HEATING CONTRACTOR'S BONDS Braconier Plumbing & Heating Co., Firemans Fund Indemnity Com- pany Holland Furnace Co., The Ohio Casulty Insurance Company Richard Feyen d/•b/a Feyen Plumbing and Heating Co., West- ern Surety Company Geisler Brothers, Standard Acci- dent Insurance Co. Clarence J. Bradhaw & J. James Vaske d/b/a Dubuque Sheet ~Met• al Co., American Surety Com- pany, New York Kennedy Furnace & Sheet Metal Works, The Travelers Indemnity Company, Bond No, 465613 Howard J. Kenneally d/b/a Ken- neally Fuel & Heating Sheet Metal, United States Fidelity & Guaranty Co. EXCAVATION Conlon Construction Commpany, Lumbermens Mutual Casualty Company, Policy No. 4YL206,835 George I. Beaves, Continental Cas- ualty Company, Policy No. A.R.I. 1537434 George I, Beaves, Policy No. GPL 1464739, Continental Casualty Company Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the Bonds and Policies be placed on file subject to the approval of the City Solicitor. Seconded by Coun• Gilman Welu. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 29, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: According to the report of the Auditors Firm of O'Connor and Brooks, as submitted to the Auditor of the State of Iowa, all records and transactions of each depart- ment are in proper order and all funds have been properly account- edfor. Respectfully submitted: L. J. SCHILTZ, City Manager Special Session, June 29th, 1954 41~ Councilman Kolb moved that the communication of City Manager Schiltz be received and fIled and the report of Auditors be placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ' June 29, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: A petition of Glen J. Bankson and others requesting one side parking on Foye Street between Lowell Street and Napier was re- ferred to the City Manager. I had the Traffic Department in- vesitgate and they recommend that the parking be restricted on the north side of Foye Street from Seminary to Napier. Respectfully submitted: L. J, SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved and a proper ordinance prepared. Second- ed by Councilman Kolb. Carried by the fallowing vote: Yeas -'Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. June 29, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Mrs. Frank Bue- chel requesting the installation of a street light in the 2400 block on Shiras Avenue was referred to the City Manager and Electrical ffi- spector for investigation and re- port. The street lights in this area of Shiras Avenue are spaced at a I fairly equal distance apart and because of the few homes and - small number of pedestrians, I rec- ommend that the petition be de- Hied. Respectfully submitted; L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councllman Kolb. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 29, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Alvin C. Cartigny requesting an installation of a street light on Heeb Street between West 17th and Seminary was re- ferred to the City Manager and Electrical Inspector for investi- gation and report. It is our recommendation that a street light be installed on the first pale north of 17th Street an Heeb Street. Respectfully submitted: L. J, SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 29, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: A study was made of the parking conditions on Algona Street adja- cent to the University of Dubuque at the request of the University of Dubuque. After conferring with the offi- cials of the school, the Police De- partment recommended the follow- ing changes in the traffic ordi- nance: 1. That article ii of Section VI of the traffic ordinance be deleted and the following added in view thereof; (The east side of Algona Street from Campus Lane to Grace Street). 2. That the following be added to article 2 section IV (the East Side of Algona Street from Campus Lane to University.) Respectfully submitted; L. J. SCHILTZ, City Manager ~~-~ ~ ~~ . ,~~~ , 418 Special Session, June 29th, 1934 Councilman Austin moved that the recommendation of City Man- ager Schiltz .be approved and a proper ordinance prepared. Second- ed by Councilman Kolb. Carried by the following vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. June 29, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have prepared plats subdividing a partial of property known as the Frith Park in order that the por- tion of property within the limits of Queen Street and the alley be- tween Queen and Prince Streets may be dedicated for street pur- poses. I recommend that the City Coun- cil will authorize the Mayor and City Clerk to sign the plat. Respectfully submitted: L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -'Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 29, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Attached are copies of the pro- posal of the J. W. Clemenshaw Company for a revaluation of all taxable property in the City of Dubuque. Conferences between the three taxing bodies and William Clemen- shaw were held to determine the procedure to follow, and to ne- gotiate the price of the appraisal. The agreed amount of $72,000.00 includes the preparation of new tax maps. The payment will be over a three year period, starting July 15, 1955 with the appraisal to be completed by June 1,1956. I recommend that the Mayor and City Clerk be authorized to accept :;.~- the proposal on behalf of the City. Respectfully submitted: L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. RESOLUTION N0. 231.54 Whereas, the City Council of the City of Dubuque, Iowa, has considered the proposal of the J. M. Clemshaw Company for the re- appraisal of all taxable real prop- erty in the City of Dubuque and by joint action of the Board of Supervisors and Independent School District have approved said proposal. Be It Resolved by the City Coun- cil that the proposal of the J. M. Clemenshaw Company to revalu- ate all taxable real property in the City of Dubuque fora considera- tion of $72,000.00 to be paid by the three taxing bodies, be hereby ac- cepted, and the Mayor and City Clerk be authorized to sign said contract on behalf of the City of Dubuque, Iowa. Passed, adopted and approved this 29th day of June 1954. LEO N.SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KINTZIlVGER Councilman Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. June 24, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise you that the "City of Dubuque, 1954 Hot mix, Hot laid Asphaltic Concrete Sur- facing Project No. 1" consisting of the construction of Hot mix, hot Special Session, June 29th, 1954 4i9 laid, Asphaltic Concrete Surfacing of the portions of streets herein- after described, under construc- tion by the Iowa Road Building Company, has been completed in accordance with the plans. I, therefore, recommend the ac- ceptance of this work. The portions of the streets involved are as fol- lows: 1. West Thirteenth Street from the west property line of Central Avenue to the east property line of Main Street. 2. Kaufman Avenue from the west property line of Central Ave- nue to the east property line of Kane Street. Respectfully submitted: I; J. Schiltz, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0. 232.54 Whereas, the contract for the City of Dubuque 1954 Hot Mixed- Hot Laid Asphaltic Concrete Proj- ect No. 1. West Thirteenth Street from the west property line of Central Ave• nue to the east property line of Main Street. Kaufman Avenue from the west property line of Central Avenue to the east property line of Kane Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and preparing the assessment and plat, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, That the cast of said improve- ment is hereby determined to be $34,817.28. That $29,856.05 of the cost thereof shall be assessable upon private property and $4,961.23 shall be paid from the Street Con- struction Fund of the City of Du- buque. Passed, adopted and approved this 29th day of June, 1954. LEO N. SCHUELLER 'Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J, J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (A Resolution Accepting Improve• moot and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 233.54 Whereas, the contract for the City of Dubuque 1954 Hot mix, Hot laid Asphaltic concrete surfacing Project No. 1. West Thirteenth Street from the west property line of Central Ave- nue to the east property line of Main Street. Kaufman Avenue from the west property line of Central Avenue to the. east property line of Kane Street has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, Be It Resolved, by the City Coun- cil 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 En- gineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk 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 420 Special Session, Tune 29th, 1954 hereby directed to pay to the con- tractor from the funds to be realized from the sale of imprave• 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 29th day of June, 1954. Approved: LEO N. SCHUELLER May~ar CLARINCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest; J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, RESOLUTION N0, 234.54 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted aper- nut to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Diamond's Grill, 900-910 Main St. Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Sts. Iowa State Commission far the Blind, Post Office Bldg., 6th & Locust Sts. Laverne Felderman, 1889 Jackson St. Charles W. Callahan, 2635 Univer• sity Ave. John Neumeister, 729 Lincoln Ave. Francis A. Mettel, 2541 Central Ave. Joseph P, Weiner and Evelyn Wei- ner, 709 University Ave. Ernest Latham, 1499 Jackson St. Helen Cahill, 62 Locust St. Ellas Mihalas, 574 East 16th St. The Great Atlantic & Pacific Tea Company, 1101 Central Ave. Dubuque Metal Trades Council Club, 111 West 6th St. Harold A. Cosley and Mrs, Marga- ret Cosley, 1121 University Ave. Merlin P. Michel, 330 Main St. Hartig Drug Company, 93 Locust St. Hartig Drug Company, 730 Main St. Hartig Drug Company, 2205 Cen- tral Ave. Elmer L. Treivieler, 2103 Jackson 5t. Milton F. Fink, 3165 Central Ave. Stampfer's Department Store, 800 Main St. Harry A. Rawson, 342 Main St. Eldo Block, 53 West 12bh St. Carl E. Miller, 1096 Central Ave. Fred Frary, 2220 University Ave. Tenenbom's Super Market, Inc., 630 Locust St. William Wand, 2850 Burlington St. Mrs. Josephine Nicks, 103 East 22nd St. Carl N, Brant and Bernard Arens- dorf, 2600 Central Ave. Orville ~ P, Murphy, 435 Central Avenue Angela. E. Martin (Martin Oil Co.) 280 Locust St. Frank H, Berntgen, 2186 Central Ave. Merlin K. Abing, 408 West Locust St. John M. Ward, 2284 University Ave. Merlyn L, Weber, 1904 Central Ave, Anthony C. Mihalovich, 1900 Wash- ington St. Mrs. June Bull, 779 Iowa St. Nick J. Kopp, 253 East 21st St, Mrs. Adele Geske, 253 West 1st St, Dubuque Packing Company (Retail Store), 16th & Sycamore Sts. Henry C. Torrey, 400 Iowa St. Joseph S. Polfer, 2612 Dodge St. Joseph L, Wingert and Josephine Wingert, 400 Rhomberg Ave. Leonard P. Bertsch, 304.326 Main St. Carl M. Herburger, 2987 Jackson St. Melvin C. Lynn, 424 West Locust St. Lorraine Gordon, 469 Main St. Roshek Brothers Company, 700.798 Locust St. Raymond McLaughlin, 2222 Central Ave. Fred Weiner, 1101 White St. John J. Beecher, 2399 White Street Tenenbom's Super Market, Inc., 200 So, Locust St. John J. Heiderscheit, 1278 Central Ave. William O'Neill, 244 West 1st St. Walter W. Knoll, 205 Kaufman Ave, Special Session, June 29th, 1954 421 Thomas F. McDonough and Ruth McDonough, 1064 University Ave. Mrs. Louise Pitz, 2995 Central Ave. Wm. Wagner, 1501 Rhomberg Ave. Floyd J. Lauterborn and Walter G. Thorp, 951 Main St. Raymond Syke, 923 Main St. William Savory and Viola Savory, 827 Dodge St. St. Joseph Mercy Hospital Gift Shop, James and Peabody Streets Joseph F. Oberhoffer, 1395 Browns Ave. James J. Scherr, 1198 White St. Merlin Apel, 1195 Dodge St. Robert E. Friedell, 301 Main St. Herbert E, Althaus, 1575 Central Avenue John Glynn, 659.679 Central Ave. Alford Finch, 1347 Central Ave. Irvin G. Hessel, 2678 Central Ave. Louis Anthoine, 119 West 6th St. William J. White, 1995 Asbury Rd. Clifford Steffen, 1103 Iowa St. Elizabeth Mary Raines, 678 Central Ave. Merle J. Felderman, 2700 Jackson St. Hubert J. Kress, Jr., 532 East 22nd St. Florance Deutsch, 1298 Main St. Herbert J. McAndrews, 127 West 6th St. Frank W. Thompson and Jahn F. Thompson, 250 West 1st Street Hollywood Grill, 500 Main St. George P. Arvanitis, 1958 Central Ave. George Ragatz, Jr., 1996 Central Ave. Leo Sun, 206 West 3rd St. Fred C. Potterveld and Winifred S. Potterveld, 498 No. Grandview Ave. Noah W. McNamer, 216 West 1st Street Dubuque Golf and Country Clwb, 260 Randall Place Anthony Schmit, 1048 Main St. Carl Van Duelman, 590 Seminary St. Harry Kopple, 1098 University Ave. Earl G. Corbett, 908 Rhomberg Ave. Jay M. Riedi, 1543 Central Ave. Clarence J. Kipper, 1585 Delhi St. George Westercamp, 1399 Jackson St. John J. Ludescher, 1897 Seminary St. Mrs. Florence M. Miller, 400 Cen• tral Ave. Carl L. Noel, 1080 University Ave, Ralph J. Cremer, 731 Rhomberg Ave. Arthur H. Eichman, 2119 Rhom- berg Ave. Louis A. Ring, 155 West 11th St. Roy Brammer and Rex Brammer, 1306 Delhi St. Mrs. Josephine Burke, 1091 Main St. Arthur J. Trapp, 1266 Central Ave. Earl J. McNamara, 1046 University Ave. Maurice H. Mellon, 1100 Lincoln Ave, Joseph Frommelt, 1555 Central Ave. Leonard H. Crane, Bunker Hill Club House Vincent Teeling, 115 East 22nd St. J. Ray O'Brien, 2093 Washington St. Gus L. Manternach, 1105 Loras Blvd. Cletus N. Pauly, 1255 Central Ave. Mrs. Dorothy Blum, 2412 Central Ave. Leo J. Glaser, 90 So. Locust St. George Kanavas, 1689 Elm St. Andrew D. Karigan and Gust Kari- gan, 401 Central Ave. 'Mrs. Marie Sand, 2498 Central Ave. Thomas Lilly, 714 Main St. Ruben J. Weber, 25 West 7th St. R. S. Ruegnitz, 629 Rhomberg Ave. Dorance E. Cox, 2613 University Ave. Paul Schollmeyer, 176 Locust St. Walter Mengis and Joseph F. Shan- non, 1618 Central Ave. Geo. C. Kruse, 2418 Central Ave. Wm. E. Wodrich, 1101 Rhomberg Ave, Tames P. Kachevas, 493 Main St. Robert E. Sullivan, 620 So. Grand• view Ave. Mrs. Marie Maas, 700 East 16th St, Augustine L. Meloy, 1481 Dodge St. Francis P. McCauley, 1040 Univer• sity .Ave. American Veterans of World War II, 429 Main St. Joseph C. Schneider, 2900 Central Ave. John H, Eggerichs, 75 East 4th St. Richard Schueller, 2900 Jackson St. Carlyle R. Fett and Doris A. Fett, 5 Eight Ave. Anton Fortmann Company, 253 Main Street George J. Zillig, 234 West 9th St. George R. Hunt and Christopher C. Gratz, 801 Main St, ,_ r ~~; '~ f 422 Special Session, June 29th, 1954 z~7~ r ;{{l :ii ~' `'~ Francis P. Ackerman, 342 Eighth Ave. Joseph P, Hillard and Bernice Hil- lard, 431 Rhomberg Ave. Donald W. Schuster, 2404 Central Ave. Lawrence Schwartz, 500 Rhomberg Ave. Harry J. Smith, 5r., 2239 Univer- sity Ave. Mrs. Clara M. Reuter, 3050 Asbury Road Kissell Grocery, 611 University Ave. John J. Engling and Bernadette Engling, 2997 Central Ave. John E. Noel, 2400 Central Ave. Raymond G. Wunder and Eileen Wunder, 1006 Central Ave, John M. Baumhover and Rosemary Baumhover, 2401 Windsor Ave. Roger Boleyn, 1415 Rhomberg Ave, Kenneth L, Meisenburg, 2500 Cen• tral Ave. Richard G. Rink, 1260 Washington St. Ernest W. Pfalzgraf and Anthony L, Fecker, 1300 Central Ave. Fraternal Order of Orioles, 1604 Central Ave. Frank M. Kelly and Francis E. Kel- ly, 1075 Dodge St. John F. Tench and Vincent W. Mes- cher, 1233 Rhomberg Ave. Thomas A. Oeschber, 815 West 5th St. Vincent J. Hogan, 231 West 2nd St. Robert J. Quinlan, 1091 White St. Mrs. Elsie Vrotsos, 1253 Washing- ton St. Raymond Dolter, 3380 Central Ave. Thelma Mardauss, 349 Eighth Ave. John J. Hickey, 55 Locust St. American Legion, Dubuque Post No. 6, 290 West 4th St. Paul A. Leonard, 239 West 6th St. Fischer Bowling Lanes Club, 880 Locust St, Klauer-Julien Hotel Co., 2nd & Main St. Zeno A. Tranel, 598 Main St. Edmund H. Callahan, 1105 Walnut St. A. R. Uppinghouse and Philomena Uppinghouse, 236.240 West 6th St. John Meisenburg, 450 West Locust St. Harold J. Love, 802 Iowa St. Fred Kamentz,1697 Jackson St. A. J, Ender, 534 Rhomberg Ave. A. J. Ender, 1703 Maple St. George T. Nacos, 720 Iowa St. Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street Lester A. Foell, 1638 Central Ave. Helen M, Hafeman, 2003 Wash- ington St, Jerome J. Love, 37 Eighth Ave. Henry Spiegelhalter, 410 East 25th St. Floyd Barnhart, 1598 Jackson St. Veterans of Foreign Wars, Gerald F. Winters Post No, 9663, 2203 Carter Road Monte Carlo Restaurant, 353 Main Street The Kroger Company, 270 West 7th Street Mrs. Ione Miller, 1322 Central Ave. Sylvester A. Weiner and Dolores V. Weiner, 201 East 22nd St. Clyde Bradley, 3198 Central Ave. Mrs. Victorine IIlis, 120 West 4th Street Ray Luchsinger and Angeline Luch- singer, 2372 Central Ave. Larry B. Kemp, 1200 Iowa St. Spencer P. Wright, 1862 Central Ave. Harry N. Gantent, 1301 Rhomberg Ave. Leo P. Manahl, 785 Groveland Place Lester Eichhorn and Marie Eich- horn, 1725 Delhi St. James M. Kane, 1205 Cleveland Ave. Loras College, 655 Loras Blvd. Kathleen Mihalakis, 649 East 16th St, Clarence P. Haupert, 1703 Asbury St. Eldon A. Biver, 609 East 22nd St. FY^ank Smith, 310 East 30th St. Pete E. Sfikas, 760 East 16th St. Robert P. Schwegman, 1875 Uni- versity Ave. W. C. Crahan, Cor. Dodge & Bluff Sts. Frank E. Lewis, 2403 Central Ave. Joseph W. Loucks, 105 Locust St. W. P. Beatty and F. G. O'Toole, 263 Main St. Francis O'Toole, 280 Main St, Dell Warren and Ralph Warren, 1700 Central Ave. Arthur Apel, 1176 Iowa St. Herbert Bisping, 1401 Elm St. National Tea Company, 896.898 Main Sit. Merlin J. Marty, 351 Dodge St. William L. Beauchamp, 2319 Prince St. Mrs. Edna Alderson, 1555 So. Grandview Ave. Special Session, June 29th, 1954 423 Mrs. Ruby Pappas, 177 Main St. Charles T. Snyder and Elsie Sny- der, 543 Eighth Ave. Wm. Van der Meulen and Sophie McMann, 2327 Central Ave. Frank A. Karigan, 720 Main 5t. Mrs, Beatrice C, Winkler, 998 Cen- tral Ave. M. Ernest Becker, 600 Central Ave, Harold Steinhoff, 241 Main St. Clarence P. Falkenhainer, 1097 University Ave. Charles W. Krueger, 390 East 12th St. Leo F. Link, 1487 Central Ave. Edmund N. Handers, 1001 Rhom- berg Ave. Ray J. Nicks, 521 East 22nd St. Don Schroeder, 2890 Central Ave. Earl T. Avery, 1602 Lincoln Ave. Rudolph J. Hafeman, 2417 Rihom- berg Ave, Otto J. Dunbar, 2401 Jackson St. Louis O'Meara, 1655 Delhi St. Norbert H. Sauser, 2774.2776 Jack- son St. Knights of Columbus, 781 Locust St. John B. Burgmaier, 2600 Jackson St. Martin Meyer and Vernon 'Meyer, 530 East 22nd St. Arano H. Lolwing, 2616 Windsor Ave. Cruso A. Alba, 2601 Jackson St. Frank Sand and Elsie Sand, 2364 Washington St. ' Mrs. Linnie Dunbar, 679 Central Ave. Harry Murphy 'and Dorothy Mur- phy, 1097 Jackson St. Albert H. Hochausen, 1573 Elm St. Roger C. Johnson, 336 Main St. John Petrakis, 1564 Central Ave. Alfred Hedley, 509 Eighth Ave. Bert Zelens, 401 Main St. Canfield Hotel Corporation, 3436 West 4th St. B.P,O.E. Lodge No. 297, 7th & Lo- cust Sts. Mrs. Rosemary Hird, Eagle Point Mrs. Agnes 7.ahina, 2649 Windsor Ave. Mathias. A. Schneller, 132 Eighth Ave. Donald M. Love, 250 West 6th St. R. Daniel Winders, 2204 Central Ave. James W. Baxter, 1501 Central Ave. Robert J, Bowen, 1105 University Ave. Joe Giunta and Son, 2022 Central Ave. Fred Herber, 399 East 20th St. Anastacios E. Langanis, 31 Eighth Ave. Elmer E. Meyer, 1828 Central Ave. Frank J, Pusateri, 1296 Central Ave. Michael A. Pusateri and Gus Pusa- teri, 1098 Main St. Harold 0. Specht, 3003 Asbury St. John M. Thompson and Clarence E. Thompson, 210 West 1st St. Disabled American Veterans Club, 951~Z Main St. Veterans of Foreign Wars, Leo A, Schwind Posh No. 508, 1031' Main St. Harald A. Casey, 655 Seminary St. Triangle Cafe, 926 Main St. Elmer F. Christ, 701 Central Ave. Mrs. Julia V. Libansky, 1563 Cen- tral Ave. Jack Solomon, 555 Main St. Louis J. Winkler, 625 Central Ave. The Sunshine Circle-Finley Hos- pital, 1480 Allison Place John S. Young, 601 Rhomberg Ave. Arthur Radetzki, 2038 Central Ave. Melville L. Donovan, 1876 Central Ave, Ray V. Murphy, 29 Eighth Ave. James A. Angelos, 2117 University Ave, Justin L, Johanningmeier, 1878 Central Ave. Erwin J. Hafeman, 2370 Rhomberg Ave. Edward R. Larry, 813 Main St. William Petrakis and Mary Petra- kis,1400 Central Ave. George T. Vrotsos, 605 Main St. Roger M. Bertsch, 326 Main St. James H. Scherer, 1187 Iowa St. Xavier Hospital Gift Shop, Davis and Windsor Ave, Donald E. Wertz, 1545 So. Graad• view Ave. Tony Helling, 80 Locust St. Edward J. Tracy, 1598 Elm Street Earl E. MacDonald, 2930 Central Ave. Elmer Thompson, 501 Rhomberg Ave. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 29th day of June, 1954. LEO N. SCHUELLER Mayor ,~' d 424 Special Session, June 29th, 1954 CLARENCE P. WELU .RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIlVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kalb moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen .Austin, Kintzinger, Kalb, Welu. Nays-None. RESOLUTION N0.235.54 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 Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Harry A, Rawson, 342 Main St. William Savory and Viola Savory, 827 Dodge St. Harold A. Cosley and Mrs. Marga- ret Cosley, 1121 University Ave. Frank H. Berntgen, 2186 Central Ave. Mrs. Mar°ie Sand, 2498 Central Ave. George Kanavas, 1689 Elm St. Joseph L. Wingert and Josephine Wingert, 400 Rhomberg Ave. Cletus N. Pauly, 1255 Central Ave. Mrs. Dorothy Blum, 2412 Central Ave. James P. Kachevas, 493 Main St. Walter Mengis and Joseph F. Shan- non, 1618 Central Ave. George Westercamp, 1399 Jackson St, Mrs. Marie Maas, 700 East 16th St. Raymond G. Wunder and Eileen Wunder, 1004 Central Ave. George J. Zillig, 234 West 9th St. Anton Fortmann, 253 Main 5t. William E. Wodrich, 1101 Rhom- berg Ave. Paul A, Leonard, 239 West 6th St. KlauerJulien Hotel Company, 2nd & Main Sts. John M. Thompson and Clarence E. Thompson, 210 West 1st St. Rudolph J. Hafeman, 2417 Rhom- berg Ave. Wm. Van der Meulen and Sophie McMann, 2327 Central Ave. John Meisenburg, 450 West Locust St. Frank Sand and Elsie Sand, 2364 Washington St. Larry B. Kemp, 120(! Iowa St. Frank A, Karigan, 720 Main St. CLASS "B" PERMIT FOR PRIVATE CLUB Fraternal Order of Eagles, Aerie No, 568, 6th and Locust Sts. Fraternal Order of Orioles, Du- buque Nest No. 11, 1604 Central Ave. The American Legion, Dubuque Post No. 6, 290 West 4th St, CLASS "C" PERMIT Joseph F. Oberhoffer, 1395 Browns Ave, Francis A. Mettel, 2541 Central Ave. Richard Schueller, 2900 Jackson St. Irvin G. Hessel, 2678 Central Ave. Frank W. Thompson and John F. Thompson, 250 West 1st St. John M, Ward, 2284 University Ave. Merlin K. Abing, 408 West Locust St. John M, Baumhover and Rosemary Baumhover, 2401 Windsor Ave. Gus L. Manternach, 1105 Loras Blvd. Vincent J. Hogan, 231 West 2nd St. Edmund H. Callahan, 1105 Walnut St. Elmer Robey, 429 Rhomberg Ave. Otto J. Dunbar, 2401 Jackson St. Harold A. Casey, 655 Seminary St, Earl E. MacDonald, 2930 Central Ave. Passed, adopted and approved this 29th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Special Session, June 29th, 1954 425 RESOLUTION N0.236.54 Whereas, heretofore applications 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 oc- cupied by such applicants have been inspected and found to com• ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants a Beer Permit. CLASS "B" PERMIT Name Address Harry A, Rawson, 342 Main St. William Savory and Viola Savory, 827 Dodge St. Harold A. Cosley and Mrs. Mar- garet Cosley, 1121 University Ave. Frank H. Berntgen, 2186 Central Ave. Mrs. Marie Sand, 2498 Central Ave. George Kanavas, 1689 Elm St. Joseph L. Wingert and Josephine k Wingert, 400 Rhomberg Ave. I) Cletus N. Pauly, 1255 Central Ave. Mrs, Dorothy Blum, 2412 Central Ave. James P. Kachevas, 493 Main St. Walter Mengis and Joseph F. Shan- non, 1618 Central Ave. George Westercamp, 1399 Jackson St. i ~ Mrs. Marie Maas, 700 East 16th St. 1 Raymond G. Wunder and Eileen Wunder, 1004 Central Ave. ~' George J. Zillig, 234 West 9th St. Anton Fortmann, 253 Main St, ~ William E. Wodrich, 1101 1Zhom- berg Ave. Paul A. Leonard, 239 West 6th 1 St. Klauer-Julien Hotel Company, 2nd; & Main Sts. John M. Thompson and Clarence E. Thompson, 210 West 1st St. y Rudolph J. Hafeman, 2417 Rhom berg Ave. Wm. Van der Meulen and Sophi ~~ McMann, 2327 Central Ave. John Meisenburg, 450 West Locus St. Frank Sand and Elsie Sand, 286 Washington St. Larry B. Kemp, 1200 Iowa St. Frank A. Karigan, 720 Main St. CLASS "B" PERMIT FOR PRIVATE CLUB Fraternal Order of Eagles, Aerie No. 568, 6th and Locust Sts. Fraternal Order of Orioles, Du- buque Nest No. 11, 1604 Central Ave. The American Legion, Dubuque Post No. 6, 290 West 4th St. CLASS "C" PERMIT Joseph F. Oberhoffer, 1395 Browns Ave. Francis A. Mettel, 2541 Central Ave. Richard Schueller, 2900 Jackson St, Irvin G. Hessel, 2678 Central Ave. Frank W. Thompson and Jahn F. Thompson, 25C West 1st St. John M. Ward, 2284 University Ave. Merlin K, Abing, 408 West Locust St. John M. Baumhover and Rosemary Baumhover, 2401 Windsor Ave. Gus L. Manternach, 1105 Loras Blvd. Vincent J. Hagan, 231 West 2nd St. Edmund H. Callahan, 1105 Walnut 5t. Elmer Robey, 429 Rhomberg Ave. Otto J. Dunbar, 2401 Jackson St. Harold A. Casey, 655 Seminary St. Earl E. MacDonald, 2930 Central Ave. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 29tn day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBIN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, - City Clerk e Councilman Kolb moved the adoption of the resolution. Second- t ed by Councilman Kintzinger. Car- ried by the following vote: 4 Yeas -Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu. Nays-None. 5$ M; ~: ~~ ~~~.~ ~~ ~~ ~ . u ~ ~ n n. ~o ~ ~.~ ~. nnu ~~uu n. uin.~~ ~~iron ~u u i ,` ~ 426 Special Session, June 29tfi, 1954 RESOLUTION N0. 237.54 Resolution accepting Sanitary Sew• er Constructed in Mineral Street pursuant to Ordinance No. 71.53 by H. M. Steger and Sons. Whereas under the provisions of Ordinance No. 71-53 H, M. Steger and Sons have constructed a sani- tary sewer in Mineral Street; and Whereas the City Engineer has inspected the same and the City Manager has recommended its ac- ceptance; and Whereas the permittee under said Ordinance has filed with the City Council a certified statement showing that all amounts paid out by them in connection with the construction of said sewer amount to $3783.43. Now Therefore Be It Resolved By The City Council of The City Of Dubuque: Section 1. That said sewer is hereby accepted by the City of Dubuque and that the same be hereafter a public sewer under the exclusive charge and control of the City of Dubuque; Section 2. That the acceptance of said sewer by the City of Du- buque and the establishment of the same as a public sewer shall not be construed to relieve H. M. Steger and Sons from their obli- gation to keep said sewer in good repair for a period of not less than two years from the date of this Resolution, as provided in Ordinance No. 71.53. Section 3. That hereafter any person or persons desiring to con- nect with said sewer, except H. M. Steger and Sons, shall first apply to the City Manager for permission sa to do and such permission shall be granted upon condition that the applicant shall pay Co the City Treasurer for the account of H. M. Steger and Sons, a connec- tion charge in the amount of $5.9134 per front foot of land to be served by said connection. How- ever, nothing in this Resolution shall be construed to exact any charge for any extension of said sewer made by the City of Du- buque, or its permittees. Passed, adopted and approved this 29th day of June, 1954. LEO N.SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councllman Austin. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0.238.54 Resolution Requiring Abutting Property Owners To Make Sewer And Water Connections. Whereas, the City Council has heretofore adapted Resolution No's. 269.52, 171.51, 281.52, being the Resolution of Necessity for perma• nently improving Bradley Street, Rider Street, and Fairway Drive with asphaltic macadam surfac- ing; Naw, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said improve- ment are hereby required to make cronnections from the sewer and water mains to the curb line of said property prior to July 15, 1954: Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Res- oIution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Res- olution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of soon connection shall ~be as- sessed against such abutting prop- erty. Adopted this 29th day of Jane, 1954. LEO N. SCHUELLER Mayor Special Session, June 29th, 193 _ q~~7 CLARENCE P. WELU RAY F. KOLB CHARLES AUKINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman We1u moved the adapt~Councilman Kolb10Carried by ed by the following vote: yeas -Mayor 'Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, tion, to the north property line of Pennsylvania Avenue. Waodlawn Street from the North Property Line of As~e ofrKaren the South Property Street. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: 1, That the City Engineer is hereby inslans~andospecifcatians, liminary p an estimate of total cost, and a plat and schedule for said im- provement and place the same on file with the city clerk. RESOLUTION N0.239.54 2, That the property to be bene• Preliminary resolution far the fited by said improvement is (gen- e and place of eral description of all property, in f (t yp construction o improvement) the 1954 Water Main t district) all real estate abutting described portions of b Project Na. 1, consisting of a cas ain in Alpha Avenue, ove on the a the above named streets. iron water m Carlton Avenue, In- The estimate of total cost of 3 Barn Avenue, Lenox Avenue, Mc- diana Avenue , said im'pravement herein ordered , Poland Avenue, Nebraska Avenue, d Woodlawn shall include an estimate of the preliminary f engineering t Green Street, an Street , o cos reports, property valuations, esti- . Whereas, the Cfty Council deems mates, plans, specifications, no- acquisition of ices it necessary to institute. proceed- nstruction of (na- , tices, legal serv land, consequential damages or ings for the co tune of improvement with begin- d terminal points) the 1954 costs, easements, rights of way, construction, (repa i~ l ning an Water 'Main Project No. 1, consist- ubl notices of F inspection, testing, nd printing and t of a cast iron water main in Alpha , a cation, interes Avenue from the South Property f Lenox Avenue to the North sale of bonds. 4. These proceedings are cav- Line o Property Line of Indiana Avenue. eyed under Chapter 156 of the f the Fifty-fourth general Born Avenue from the South f Pennsylvania Avo- i Laws o Assembly, of the State of Iowa. ne o Property L nue to the North Property Line of hereb designatedl(Short Title) the Indiana Avenue. 1954 Water Main Project No. i and Carlton Avenue from the West f Brown Avenue to may be referred to by such title in s din Property Line o g . all subsequent procee the West end of Carlton Avenue, passed, adopted and approved Indiana Avenue from the East this 29th day of June, 1954. Property Line of Born Avenue to ~p N SCHIIELLER the West Property Line of Alpha Mayor Avenue. CLARENCE P. WELD Lenox Avenue from the West Line of Drexel Avenue to RAY F. KOLB RUBEN V. ~ UK Property NTZINGER I A the East Property Line of Born CHARLE'S Councilmen Avenue. McPoland Avenue from the Attest: J. J. SHEAy Clerk South Property Line of Pennsyl- vania Avenue to the North prop- nlo athe ReslolutionV Second- ti d op o a erty Line of Lenox Avenue, Avenue from the North ed by Councilman Welu, Carried k a Nebras folloMa r Property Line of orvSchueller, Caun- by ~eo y Yeas of McPoland l the east property oilmen Austin, Kintzinger, Kalb, ~ Avenue. Welu. Green Street from the west prop- Nays-None. Finley s Addi- f Lot 190 , erty line o 428 Special Session, June 29th, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. I herewith submit a proposed plat of the 1954 Water Main Project No, 1 and a proposed schedule of valuations of the lots within the district served by this improvement, K. J. CULLEN City Engineer Councilman Welu moved that the communication of City Engi- neer Cullen be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 240.54 Resolution determining valua- tions of each lot within the pro posed assessment district for (Short Title) the 1954 Water Main Project No. 1. Be It Resolved by the City Coun- cil of the City of Dubuque: 1. That the valuations set out in the foregoing list are hereby determined to be the present fair market value, with the proposed improvement completed, of each lot within the proposed assessment district for (Short Title) the 1954 Water Main Project No. 1. And the City Clerk is hereby di- rected to report the same to the City Engineer who shall show such valuations on the schedule hereto- fore ordered for said improvement. Passed, adopted and approved this 29th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. RESOLUTION N0.241.54 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule, in• eluding valuations appearing there- on, and all other documents for the construction of a cast iron water main in: Alpha Avenue from South property line of Lenox Ave- nue to the north property line of Indiana Avenue; Born Avenue from the south property line of Penn- sylvania Avenue to the north prop- erty line of Indiana Avenue; Carl• ton Avenue from the west property line of Brown Avenue to the west property line of Carlton Avenue; Indiana Avenue from the east prop- erty line of Born Avenue to the west property line of Alpha Ave• nue; Lenox Avenue from the west property line of Drexel Avenue to the east property line of Born Ave- nue; McPoland Avenue from the south property line of Pennsylvania Avenue to the north property line of Lenox Avenue; Nebraska Ave• nue from the north property line of Lenox Avenue to the east prop- erty line of McPoland Avenue; Green Street from the west prop- erty line of Lot 190 of Finley's Ad• dition to the north property line of Pennsylvania Avenue; Woad- lawn Street from the north prop- erty line of Asbury Street to the south property line of Karen Street, estimated cost $41,951,75, presented and read. Councilman Welu moved the adapticn of the resolution. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 242.54 Resolution of necessity for con• struction of (Short Title) the 1954 Water Main Project No. 1, also set- ting time and place of hearing and prescribing notice for (Short Title) the 1954 Water Main Project No. 1, consisting of a cast iron water main in Alpha Avenue from the South Property Line of Lenox Ave. nue to the North Property Line of Indiana Avenue, Born Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Indiana Avenue. 429 $pecial`n' June 29th, 1954 ~--- Water Works -J General fund~f the Carlton Avenue from the West issued and erty 3, Bonds sham n of deferred Prop Line of Brown Avenue sold in anticip when a to the West end of Carlton AveEa ~ payments of assessments Indiana Avenue from the erformed and Born Avenue to contract has beee roceeds thereof Property Line of vine of Alpha Property accepted andth contractor. 1954 the West used to P Y of July> Avenue. Avenue from the West 4, On the 20th day Council will Lenox Drexel Avenue at q;30 PM. the City Lineooe~y Line of Born meet in the City Council chCmyeaf Property Hall, in the to the East Pr' P ~ the City ro ertY Avenue. Iowa and heaasses ment McPoland Avenue fromtheSout Dubuqu ~ arties for and lvania Ave• owners subject to the property Line of Pennsy Line of I and interested rovement, its cost, nue to the North Property against the imp thereof or the Lenox Avenue. assessment Nebraska Avenue from the North the e City Clerk is hereby au- property Line of Lenox Avenue to boundaries of the distric . thorized and directed to c~ me Pa d the East Property Line of McPa 5. Th the West lie notice of the date, land Avenue. to be given by Pub• two Green Street from 90 Finley's place of on eneach week for property Line of Lot erty ~ hcation , weeks the first of the North Prop consecutive Addition to which publications shall'be ntiwenty Line of Pennsylvania Avenue. than fiftee rior t m aid h acing and Woodlawn Street from tstireet to five days P of said notice by property Line of AsLI a of garen by mailing a copy ordinary mail to the owners of the South Property to be assessed, as Street, tans and ,said property a office Whereas, proposed p schedule shown by the records in th lot and Auditor not less than havefbeen duly prepared and aP• of the County rior to said hearing. the City Council of the fifteen days P first reading this proved by ue and are now on Approved on 1954. City of Dubuq Clerk 29th day of June, file in theamong other things the LEON SCHUELLER showing, I Mayo~LU following: cost of CI,p,RENCE P. a ~ estimated total RAy g, KOLB the work. ro sed to be RUBS V, AUSTIN b The amount P Po CHARLES A, KINTZINGER assessed against each lot force on Councilmen improvement for the cow nt the of (description of imPrOVe~) Attest: J. J. SII)~A,y Clerk am Protect No. 1• 1954 Water M • ved that the Be It Therefore Resolved of Du• Councilman Kol o~ ,and placed ub City Council of the City resolution be aPP, Clerk for p - buque, Iowa: on file with the City 1, That the City Council deems tic inspection for at least one week for the before final adoption. Seconded by it advisable andtnoe make said im' Councilman Kintzmger. 'Carried by public welfare the following vote: Coun- provement. rovement shall be yeas -- Mayor SchuelleT~ Kolb, 2, Said imp in accord- I cilmen Austin, Kint~ng constructed and lanse and specifi- th said P , Welu. None. that once wi ortion of the yotal Nays- moved cations and a P said improvement Councilman Austin cost of making ainst all • Pri• I the City Manager, be instructed to shall be assessed ag 1 ing within fhe feasibility of the City of vately owned property Y study a member of district shown on Dubuque in begiversg and Harbors the assessment amount not to ex- the National rov- such plat in an rovided by law and that with thth;atpPro- amount P to the special Congress, City Solicitor, teed the al of the ud et for and in proP.oTtion thereby and made iA the B g benefits conferred vision be the remainder of the total cost shall ~~ 430 Special Session, June 29th, 1954 the payment of said membership. Seconded by Councilman Kolb. Car- ried by the fallowing vote: Yeas -Mayor Schuekler, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. There 'being no further business Councilman Kolb moved to ad• journ. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. J. J. SIfFA, City Cleric Approved ................................1955. Adopted ..................................1955. Councilmen : .................................... Attest .................................. City Clerk i f r 1~ I !', I ~{s,