1954 July Council Proceedings
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~~
t'
Regulaz Session, July 6th, 1954 431
CITY COUNCIL
(OFFICIAL)
Regular Session, July 6th, 1954.
Council met at 7:30 P.M.
Present-Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu. City Manager 5chiltz.
Mayor Schueller 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 Ito
by the publishers, of notice of sale
of $225,000 Municipal Swimming
Pool Bonds, presented and read.
Councilman Kolb moved that the
proof of publication be received
and filed. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
No oral bids received for the
purchase of the $225,000 Swimming
Pool Bonds.
The following sealed bids were
received and read for the purchase
of $225,000 Swimming Pool Bonds:
Halsey, Stuart & Ca. Inc., Chicago,
Illinois, Maturities 1955.73 at 2%,
par plus accrued interest to the
date of delivery and in addition
thereto a premium of $1,245.00;
Vieth, Duncan & Wood, Davenport,
Iowa, Maturities 1955.67, inclusive
2% interest and maturities 1968.73
inclusive 2~i§% interest, par value
and accrued interest plus a prem•
ium of $448.00; Quail k Co., Daven-
port, Iowa and Becker & Cownie,
Inc., and The White-Phillips Co.,
Inc., and Iowa-Des Moines National
Bank, Bonds due 1955 to 1969 to
bear interest at 2%, bonds due
1970 to 1973 to bear interest at
2'/4% par value and accrued in-
terest plus a premium of $688.50
RESOLUTION N0. 243-54
Resolution providing for the sale
and award of $225,000 Municipal
Swimming Pool Bonds and approv-
ing and authorizing the agreement
of such sale and award.
Whereas notice of sale of Muni-
cipal Swimming Pool Bonds of the
City of Dubuque, in Dubuque Coun-
ty, Iowa, in the amount of $225,000,
has heretofore been given in strict
compliance with the provisions of
Chapter 75 of the Code of Iowa
by publication of notice for two
or more successive weeks in a
newspaper published and of gen-
eral circulation in said county; and
Whereas All Sealed Bids Were
Received and Placed on File, After
Which open bids were called for
and received as follows: No open
bids received and thereafter such
sealed bids were opened, the sub-
stance of the best sealed bid being
as follows: Halsey, Stuart & Co.,
Inc., Chicago, Illinois, par plus ac-
crued interest to the date of deliv-
ery and premium of $1,245.00:
Now, Therefore, Be It Resolved
by the City Council of the City of
Dubuque, Iowa, as follows:
Section i, That upon being ad•
vised in the premises, it is hereby
determined that the bid of Halsey,
Stuart & Co. Inc., Chicago, Illinois
for the purchase of said Municipal
Swimming Pool Bonds, as adver-
tised, is the highest and best bid
received and that said bonds bear-
ing interest at the rate of two per-
cent (2%) per annum be and the
same are hereby awarded to said
Halsey, Stuart & Co, Inc., Chicago,
Illinois.
Section 2, That the form of
agreement of sale of said bonds to
Halsey, Stuart & Co. Inc., Chicago,
Illinois be and the same is hereby
approved, and the Mayor and City
Clerk are hereby authorized to
execute said agreement for and on
behalf of the City of Dubuque,
Iowa, and to affix the corporate
seal of said City Thereto.
Section 3. That all resolutions or
parts of resolutions in conflict here-
with be and the same are hereby
repealed.
Passed and approved July 6,1954.
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-
i~
'ry^
I
L
F • l
432 Regular Session, July 6th, 1954
Oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-Novo,
ORDINANCE N0. 45-54.
An Ordinance providing for the
issuance of $225,000 Municipal
Swimming Pool Bonds of the City
of Aubuque, Iowa, and providmg
for the payment of the principal
and interest of said bonds, present-
ed and read.
Councilman Kolb moved that the
reading just had be considered the
first reading of the ordinance, Sec-
onded by Councilman Kintzinger.
Carried by the following vote:
Xeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb
Welu.
Nays-None.
Councilman Kolb moved that the
rules be suspended requiring an
ordinance to be read on three sep•
orate days, Seconded by Council-
man Kintzinger. Carried by the fol-
lowing vote:
Xeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
ORDINANCE N0. 45.54
AN ORDINANCE providing for the is-
suance oP $225,000 Municipal Swim-
ming Poo] Bonds of the City o1 Du-
buque, Iowa, and providing for the
payment of the principal and interest
of said bonds.
WHEREAS, pursuant to Chapter 407
of the Code o1 Iowa and a proper
petition signed by qualified electors of
said City equal in number to more
than twentylive per cent of those vat-
ing at the then last preceding regular
municipal election in and for the City
of Dubuque, in Dubuque County,
Iowa, this City Council did, by reaolu-
lion duly adopted on October 18, 1953,
order that at the regular municipal
election to be held in said City on
November 3, 1953, there be submitted
to the voters the proposition of ac-
quiring ]ands and establishing juven-
ile playgrounds and a swimming pool
thereon in a location to be determined
by the City Council from recommen.
dations made by the Playground and
Recreation Commission and contract-
ing indebtedness for such purpose not
exceeding $239,OD0 and issuing bonds
for ouch purpose not exceeding $225,-
000 and levying an annual tax upon
[he taxable property in said City not
4xceeding one-half mill per annum
for the payment of said bonds and the
'merest thereon; and
WHEREAS, notice of said election
and of the submission of said propo-
>ition thereat was duly given in man-
ner and form required by law and
saitl election on said bond proposi-
tion was legally held and conducted on
November 3, 1953, and at said elect
lion 9322 votes were cast on Bald
proposition, of which 2989 votes were
cast "Yes" on said proposition and
1333 votes were cast "No" on said
proposition and no ballots were cast
blank or were defectively marked,
and it has been and is hereby found
and declared that the vote cast In
favor of said proposition was equal
to at least sixty per cent (fi0%) of the
total votes cast for and against said
proposition at said election and said
proposition has heretofore been and
is hereby declared to have been duly
carried and adopted; and
WHE1tEAS, none of said bonds au-
thorized as aforesaid hoe been issued
and it is deemed advisable at this
time to provide far the issuance o[
said bonds in the amount of $225,000
and to provide for the payment of
the principal and interest as the same
will become due:
NOW, THEREFORE, Be [t Or-
dained by the City Council of the
City of Dubuque, fovea, as follows:
Section 1. That an Indebtedness
for and on behalf oP the City of Du-
buque, fovea, in the sum of $22b,000
for acquiring lands and establishing
juvenile playgrounds and a swim-
ming pool thereon in a location deter-
mined by the (9ty Council from
recommendations made by the Play-
ground and Recreation Commission
be contracted, and for that purpose
negotiable coupon bonds oP said City
in that amount be issued. That
said bonds be each designated as
"Municlyal Swimming Pool Bond" be
two hundred twenty-five in number,
numbered from 1 to 226, inclusive, be
of the denomination of $1000 each,
bear date of April 1, 1954, and become
due and payable In numerical order
as follows: $11,000 on November 1 of
each of the veers 1955 to 1964, inclu-
sive, $1'1.000 ~on November 1 of each
o} the years 1966 to 1967, inclusive,
$13,000 on November 1 of each of the
Years 19fi8 to ]972, Inclusive, and
$19,000 cn November 1, 1973.
Section $. That said bonds beat in-
terest from date until paid at the
rate of two per cent (2%) per annum,
Payable November i, 1959, and semi-
annually thereafter an the first days
of illay and November in each year.
theedate of maturity o d the tprincipal
shall be evidenced by proper interest
coupons attached to each bond and
maturing on the dates herein provided;
both principal of said bonds and the
interest thereon shall be payable 1n
lawful money of the United States
of America, at the office of the City
Treasurer in the City o[ Dubuque,
Iowa, that said bands Gave the seal
of said City affixed thereto and be
signed by the Mayor and attested
by the City Clerk of said City; and
that the coupons attached to said
bonds ahal] be signed and attested
by said officials by their respective
facsimile signatures and said officials
by the execution of said bonds shall
adopt as and for their own proper sig-
natures their respective facsimile sig-
natures appearing on the said coupons.
Section 4. That said bonds hereby
authorised shall be subject to regis-
tration as to principal In the name of
the holder on the books of the City
Treasurer, such registration to be
evidenced by notation upon the back
of at;ch Honda so registered. No bond
so registered shall be subject to trans-
fer except upon such books and simi-
larly noted on the bank of the bond
so registered, unless the last registra-
tlop shall have been to bearer. Such
registration of any of said bonds shall
not, however, affect the negotiability
of the coupons attached to sold bands,
but such coupons shall continue trans-
ferable by delivery merely.
Section 5. That said bonds and
lathed ~ shall obe oin substantially the
following form:
Rtgulaz Session, July 6111, 1954 433
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBUQUE
MUNICIPAL SWIMMING POOI.
BOND
No, $1000
Knots All ;lien By These Presents:
That the City of Dubuque, in the
County of Dubuque and State of Iowa,
i,ereby acknowledges itse]P to owe
and for value received hereby prom-
isas to pay to bearer, or if this bond
be registered, then to the registered
holder hereof, the sum of One Thous-
and Dollars ($1000) on the first day
aP November, 19,-, together with
interest on eafd sum from 'the date
hereof until paid at the rate oY two
per cent (2%) per annum, Payable
Novomber 1, 1954, and semiannually
thereafter on the first days of May
and 1Vovemt,er 1n each year, all such
interest as may accrue on and prior
to the maturity hereof to be payable
only upon presentation and surrender
of the interest coupons hereto at-
tached ae they severally became due;
both prlnr;lpal hereof and Interest
hereon are hereby mods payable in
]awful money of the United States
of America at the oitice of the City
Treasurer In the Clty of Dubuque,
Iowa,
This bond is Pne of a aeries of
bands Issued by Bald Clty for the
tablishing f juvenilen playgaound d and
a swimming pool thereon in all re-
spects in compliance rvlth Chapter
407 of the Code of Iowa, 1950, and
all other acts amendatory thereof and
supplementary thtlreto, is conform-
ity with an ordinance duly passed,
approved, recorded and published, and
pursuant to an election duly called,
nPtiged and held for that purpose.
It is hereby certified and recited
that all acts, conditions, and things
required by the Constitution and laws
of the State of Iowa to exist, to be
had Pr to be done precedent to and
in the issuance of this bond, do exist,
have happened, been done and per-
formPd in regular and due form and
time as required by law; that the
indebtedness of Bald City, including
this bontl, does not exceed any con-
stitutional or statutory limitation; and
that legal and sufficient provision has
been made for the payment of the
isi the asamer will respectively become
Iue.
This bond is subject to reglatra-
lion as to principal in the name of
the holder upon the books of the
City Treasurer of sold City, such
registration to be noted hereon by
said Treasurer, after which no trans-
for hereof, except upon such books
and similarly noted hereon, shall he
valid unless the last registration shall
lave been to bearer. Reglatratlon of
(his bond will not affect the nego-
itability of the coupons hereto at-
tached, which shat] continue nego-
tiable by delivery merely, notwith-
standing registration hereof.
IN WITNESS WHEREOF, the said
City of Dubuque, by its City Council,
has caused lta corporate seal to be
hereunto affixed, and this bond to
by itsnCityyClerkMaand the coupons
hereto attached to be signed and at-
tested by said officials by their re-
spective facsimile signatures a n d
said o1f1c[ala, by the execution hereof,
da adapt as and for their own proper
signatures their respective facsimile
algnatures appearing on said coupons,
al] as of the first day of April, 1954.
Mayor
Attest:
City Clerk
(Form of Coupon)
No, r
On the Pirst day of- 19-,
the City of Dubuque, Iowa, will pay
to bearer -
Dollars ($ ) at the ofttce of the
City Treasurer, Dubuque, Iowa, for
interest due that day on Its Munici-
pal Swimming Yoo] Bond dated April
1, 1959, No.
Mayor
Attest:
City Clerlt
On the back of each bond there
shall also be endorsed a certificate
by the City Treasurer evidencing the
registrat[o^ of the issuance of the
bond in substantially the following
(arm:
State of Iowa j ss
County of Dubuque )
The Issuance of this bond has been
duly and properly registered in my
office.
City Treasurer, Dubuque, Iowa
On the back of each bond provision
shall also he made for registration of
ownership in the following form:
Name of Signature of
Date of 'Registered City
Registration Owner Treasurer
Section 6. That sold bonds be ex-
ecuted as herein provided as soon
after the adoption of this ordinance
ae may be, and thereupon shall be
delivered to the Treasurer of said
City, who :hall register the tact of
the issuance of same in the book pro-
vided for that purpose and shall de-
liver said bonds to Halsey, Stuart
Co., Inc., Chicago, Illinois, the pur-
chaser thereof, upon receipt of the
purchase price, same to be not less
than par value of said bonds, all ac-
tion heretofore taken in connection
with the sale of said bands being
hereby ratified and confirmed in all
respects.
Soction 7. That as required by
law, including Chapter 7fi of the Code
of Iowa, 1950, and Por the purppose
of providing for the levy and collec-
tion of a direct annual tax sufficient
to pay the interest on said bonds as
it falls due, and also to pay and dis-
charge the principal thereof at ma-
turity, there ba and there to hereby
levied upon all of the taxable prop-
erty in said City in each of the years
while said bonds or any of them are
outstanding, a tax sufficient for that
purpose, and in furtherance of this
provision, but not in limitation there-
of, there be and there is hereby lev-
ied an all [he taxable property in
said City the following direct annual
tax, to-w[t:
For the year 1964 a tax sufficient
to produce the sum of $18,125 for
principal and interest;
For the year 1955 a tax sufficient
to produce the sum of $15,280 far
principal and interest;
For the year 1956 a tax sufficient to
produce the sum of $15,060 for princi-
pal and interest;
For the 3'ear 1957 a tax sufficient
to produce the sum oP $14,840 for
principal and interest;
For the year 1958 a T.ax sufficient
to produce the sum of $14,620 far
principal and interest;
For the year 1959 a tax sufficient
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.io,iiii ni"ioi
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434 Regular Session, July 6th, 1954
to produce the sum of $14,400 for
principal and interest;
For the year 1960 a tax sufficient
to produce the sum of $19,180 far
principal and interest;
For the year 1961 a tax sufficient to
produce the sum of $13,960 for princi-
pal and interest;
For the year 1962 a tax aufficlent
to produce the sum of $13,740 for
principal and interest;
For the year 1963 a tax sufficient
to produce the sum of $13,b20 for
principal and interest;
For the year 1964 a tax sufficient
to produce the sum of $14,300 for
principal and interest;
For the year 1965 a tax sufficient to
produce the sum of $14,060 for princi-
pal and Interest;
For the year 1966 a tax aufficlent to
produce the sum of $13,820 for princi-
pal and interest;
For the year 1967 a tax autficient
to produce the sum of $14,680 for
principal and interest;
For the year 1988 a tax sufficient
to produce the sum of $14,320 for
principal and interest;
For the year 1969 a tax sufficient
to produce the sum of $14,060 for
principal and lnterest;
For the year 1970 a tax aufflcient
to produce the sum of $13,800 for
principal and lnterest;
Far the year 1971 a tax sufficient
to produce the sum of $13,64D for
principal and interest;
For the year 1972 a [ax autficient
to produce the sum of $19,280 for
principal and interest.
Said taxes shall be levied and as-
sessed in addition to all other taxes,
and when collected, ahal] be converted
Into a ~peciai account for the pay-
ment of principal and interest of
the bonds hereby authorized and for
no other purppose whatsoever.
That the principal or interest com-
ing due at any time when there are
Insufficient funds on hand to pay the
same be promptly paid when due from
current funds on hand, and reimbur~e-
ment be made to, such current funds
[n tho soma thus advanced when the
taxes herein provided shall have
been collected.
Section 8. That a cert(fled copy
of this ordinance be filed with the
County Auditor of Dubuque County,
and that said Auditor be and he Is
hereby instructed, In and for each
of the years 19b9 to 1972, inclusive,
to enter for collection and assess
the tax hereby authorized, all as
required and provided by Chapter 76
of the Cade of Iowa, 195b. When an-
nually entering said taxes [or collec-
tion, the County Auditor shall include
the same as a part of the tax levy
[or debt service fund purposes of
said CSty, and when collected, the
proceeds oP said taxes shall be con-
verted into the debt service fund of
sold City and set aside therein as a
special account to be used solely and
only for the payment o[ the princi-
pal of and interest on the bonds here-
by authorized and for no other pur-
pose whatsoever.
Section 9. That all ordinances, res-
olutions and orders or parts thereof in
conrilct herewith be and the same
are hereby repealed.
Passed and appproved July 6, 1964.
LEO N. SCHUI:LLER, Mayor
CLARENCE P. WELU, Council-
man
RAY F. KOLB, Councilman
RUBEN V. AUSTIN, Council-
man
CHARLES A. KINTZINGER,
Councilman
Attest:
J. J. SHEA
City Clerk
Recorded July 7th, 19b4
Pupllahed July 13th, 1954
J. J. SHEA
city clerk
Published officially in The Tele-
graph-Herald newspaper thla 13th
day of July, 1954.
J. J. SHEA
1t. 7-13 City Clerk
Councilman Kolb moved the
adoption of the ordinance, Second-
ed by Councilman Kintzinger. Car-
ried by the following vote:
Yeas-Mayor Schueller, Council-
men 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, speci-
fications, form of contract and cost
of improvement for the construc-
tion of a Swimming Pool to be
located in Flora Park, esthriated
cost $185,000.00, presented and
read.
No written objections filed and
no objectors present in the Council
Chamber at the time set for said
public hearing.
Councilman Kolb moved that the
proof of publication be received
and filed, Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
(Decision of Council upon objee-
tions to plans, specifications,
form of contract and cost of im•
provements).
RESOLUTION N0.T4454
Whereas, proposed plans and
specifications and form of contract
for the Swimming Pool and Bath-
house Facilities have been ap-
proved by the City Council of the
City of Dubuque and public no-
lice given as provided by Chapter
391 of the Code of Iowa, 1950 per-
taining to public contracts and
bonds, and the time and place fixed
for the hearing of all objections
to said plans, specifications or con-
tract far or cost of such improve-
ments, said time .being this Bth
day of July, 1954; and
Whereas, the City Council met
in regular session this 6th day of
July, 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
Regular Session, July 6th, 1954 435
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, specifica•
lions, 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 rec-
ord in connection with said im-
provement.
Passed, adopted and approved
this 6th day of July, 1954
LEO N. SCHUELLER
Mayor
CLARINCE P. WELU
RAY F. KGLB
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 fallowing vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Rolb,
Welu,
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. TT3.54
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 pub-
lic to make the herein mentioned
improvement, 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 cost of improvements,
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-
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.
The foregoing resolution was
finally passed and adopted by the
City Council this 6th day of July,
1954.
LEO N. SCHUET,T;F:R.
Mayor
CLAR~NCE P. WELU
RAY F. K(}LB
RUB'EN V. AUSTIN
CHARLES A. KIlVTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb 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)
RESOLUTION N0. T45.54
Be It Resolved by the City Coun-
cil of the City of Dubuque that pur-
suant to a resolution of necessity
No. 223-54 which was duly passed
by this Council, for the Swimming
Pool and Bathhouse Facilities be
and the same are hereby ordered
and constructed by this Council
upon its own motion and with or
without the petition of property
owners. Ail the work shall be con-
structed in accordance with the
plans and specifications heretofore
436 Regular Session, July 6th, 1954
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 far by Swim-
ming Pool bond issue, Payment
will be made to the contractor out
of funds realized from the sale
of bands after the work has been
completed and accepted 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 uarious improvements herein
provided for in the manner provid-
ed by law, the said improvements
shall be completed an or before the
1st day of May, 1955,
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity shall
be in force and effect from and aft-
er its passage and adoption by the
City Council.
Passed, adopted and approved
this 6th day Jaly, 1954.
LEO N. SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KIIJTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution, Second-
ed by Councilman Welu. Carried
by the fallowing vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kalb,
Welu.
Nays-None.
Notice of Claim of Dr. A. C.
Pfohl in the amount of $23.75 for
damages to his car and clothing
caused from tar being sprayed by
the Street Department on Fremont
Avenue, presented and read. Coun-
cilman Kintzinger moved that the
Notice of Claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Kolb. Carried by the following
rote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Communication of The Ohio Cas-
ualty Insurance Company advising
that the Blasting Bond of Dubuque
Plumbing and Heating Co, is no
longer needed and stating that
they would appreciate the signing
of the attached release, presented
and read. CouncIlman Austin
moved that the aequest be granted
and the release ordered executed.
Seconded by Councilman Kintzing-
er, Carried by the following vote;
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Camrnunication of Ralph J. Ell-
wanger, as "Gambles", stating that
he wishes to withdraw his signa-
tore from the petition objecting
"Dubuque Community System" for
a franchise to install a television
cable in Dubuque, presented and
read, Councilman Welu moved that
the communication be referred to
the City Council for future action.
Seconded by Councilman Kintzing-
er. Carried by the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Communication of Dubuque
Trades and Labor Congress. sub-
mitting attached resolution adopt-
ed by the Carpenters Union and
Dubuque Trades and Labor Con-
gress requesting that in all future
contracts that the City Council
specify that the work be done at
the prevailing wages and under the
prevailing conditions. of work, May-
or Schueller moved that the com-
munication and attached resolu-
tion be referred to the City Man-
ager until such time as the peti-
tioners and also the City Solicitor
have had an opportunity to give
further study to the resolution.
Seconded by Councilman Kintzing-
er. Carried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzingee, Kolb,
Welu.
Nays-None.
Communication of Plumbing
Code Committee, by W. h Cham•
pion, Chairman, submitting at-
tached certain revisions to the pro-
posed Plumbing Code, presented
and read, Councilman Welu moved
that the communication and at-
tached revisions be referred to the
City Cauneil. Secronded by Coun-
cilman .Kintzinger. Carried by the
following vote:
Yeas -Mayor Schueller, Caun-
Regular Session, July 6th, 1954 437
oilmen Austin, Kintzinger, Kolb,
Welu.
' Nays-None.
Petition of Irma F. Klauer, Ad-
ministratrix for the Estate of
George F, Klauer, requesting a re-
fund in the amount of $100.00 on
the unexpired portion of Class "B"
Beer Permit No. 129, inasmuch as
the buainess was discontinued on
June 30, 1954, presented and read,
Councilman Kolb moved that the
request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $100.00 in
favor of Irma F. Klauer, Adminis-
tratrix for the Estate of George F.
Klauer, to cover the amount of
refund granted on the unexpired
P portion of Class "B" Beer Permit
No. 129. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas -Mayor Schueller, Caun-
t oilmen Austin, Kintzinger, Kolb,
Welu.
~, Nays-None.
Petition of Charles A. Kleiner,
2035 Coates Street, relative to the
petition requesting the vacation of
the alley parallel to his property
and stating that he uses the alley
every day and cannot see it possi-
ble to close the alley permanently,
presented and read. Councilman
Welu moved that the petition be
referred to the Planning and Zon-
ing Commission. Seconded by Coun-
cilman Kintzinger. Carried by the
following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of F. J. Glob, Jr, and
others requesting the City Council
to finish the grading and gravel
the alley lying west of Seminary
Street between Avoca Street and
St. Ambrose Street, presented and
4. read. Councilman Austin moved
that the petition be referred to the
City Council to view the grounds
and the City Manager instructed
to advise the petitioners of the
conditions now existing in said al-
ley. Seconded by Councilman Kint-
zinger. Carried by the following
vote;
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Walter J. Hertner
submitting written objection to the
proposed assessment in the amount
of $124,85 to be levied against Lot
2 of 1 of 151 Mechanics Addition
for the improvement of Kaufmann
Avenue and stating that no valua-
tion has been placed an this lot
and that it should be appraised in
order to see if this lot can stand
the assessment, presented and read.
Councilman Austin moved that the
petition be referred to the City
Assessor to place a valuation on
this lot and to submit a report
back to the -City Council. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of E. J. Lehman and
others, property owners on Kane
Street, requesting the installation
of street lights on Kane Street
from the present light west to and
including the end of the improved
street, presented and read. Coun-
cilman Welu moved that the peti-
tion be referred to the City Man-
ager and Electrical Inspector for
investigation and report. Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of William A. Brown re-
questing arefund in the amount
of $50.00 on the unexpired por-
tion of his Class "B" Beer Permit
No. 114, as he has discontinued
bsuiness on June 29, 1954, pre-
sented and read. Councilman Kolb
moved that the request be granted
and the City Auditor instructed to
draw a warrant in the amount of
$50.00 in favor of William A.
Brown to cover the amount of re-
fund granted on the unexpired por-
tion of his Class "B" Beer Permit
No. 114. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Clarence Strub and
others, property owners in the
area bounded by Carter Road, As-
438 Regular Session, July 6th, 1954
bury Road, and the west city limits
north of Asbury Road, asking the
City Council to investigate the
feasibility of constructing a sani-
tary sewer in the area, presented
and read. Councilman Kolb moved
that the petition Abe referred to
the City Manager to have plans
prepared and to submit a report
back to the City Council. Seconded
by Councilman Kintzinger. Carried
by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Certificate of Board of Airport
Commissioners determining and
fixing the budget requirements and
tax levy for the ensuing year for
airport purposes, presented and
read. Councilman Kintzinger moved
that the Certificate be referred to
the City Council for their consid-
eration at the time the budget is
being considered by the City Coun-
cil. Seconded by Councilman Welu.
Carried by the following vote;
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
Certificate of the Dubuque Fark
Board determining and fixing the
budget requirements and tax levy
for the ensuing year for park pur-
poses, presented and read. Coun-
cilman Kintzinger 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.
Certificate of Board of Dock
Commissioners determining and
fixing the budget requirements
and tax levy for the ensuing year
for dock purposes, presented and
read. Councilman Kintzinger moved
that the Certificate be referred
to the City Council for their con-
sideration at the time the budget
is being considered by the City
Council. Seconded by Councilman
Welu. Carried by the fallowing
vote:
Yeas - Mayor Schueller, Coun-
oilmen Austin, Kintzinger, Kolh,
Welu.
Nays-None.
Certificate of Board of Play-
ground and Recreation Commis•
stoners determining and fixing the
budget requirements and tax levy
for the ensuing year 'for play-
ground and recreation purposes,
presented and read. Councilman
Kintzinger moved that the Certifi-
cate be referred to the City Coun-
cil for their consideration at the
time the budget is being considered
by the City Councll. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kollb,
Welu.
Nays-None.
Certificate of Board of Library
Trustees determining and fixing
the budget requirements and tax
levy for the ensuing year for li-
brary purposes, presented and
read. Councilman Kintzinger moved
that the Certificate be referred to
the City Council for consideration
at the time the budget is being
considered by the City Council.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
July 2, 1954
To the Honorable Mayor,
City Manager and
City Council,
Dubuque, Iowa
Gentlemen:
The Dubuque Planning and Zon-
ing Commission respectfully rec-
ommends to your Honorable Body
granting of the petition of Kathleen
C. Mihm under the following con-
ditions: (1) The City Engineer
should examine the corner curva-
ture and determine if present
curve is sufficient.
(2) Since the granting of this pe-
tition grants buyer one-half of a
building lot awned Eby hhe City in
a very desirable residential area,
applicant should expect to pay a
fair price for same.
Respectfully submitted,
The Dubuque Planning and
Zoning Commission
By Richard V, McKay, Sec.
Regular Session, July 6th, 1954 439
Councilman Kolb moved that the
recommendation of the Planning
and Zoning Commission be adopt-
ed and proper proceedings pre-
pared. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
July 2, 1954
To the Honorable Mayor,
City Manager and
City Council,
Dubuque, Iowa
Gentlemen:
Referring to petition of Charlotte
C. Walters et al requesting vaca-
tion of alley which extends from
Marion St. to'Coates St. and paral-
lel to Concord St. just west of said
Concord St., and counter petition
of Charles A. Kleiner opposing
same, the Planning & Zoning Com-
mission does not attempt to argue
the merits of who gave up the ten
feet for the alley originally. The
Cbty Solicitor can better judge this
question. It now belongs to the
City of Dubuque and the City
should receive proper payment for
same,
Possibly the City might sell Mr.
Kleiner the strip necessary for his
present convenience on the same
basis as it sells to others across to
Marion Sh.
Tf the alley cannot be vacated
100%, then the Planning & Zon-
ing Commission recommends de-
nial of the petition.
Respectfully submitted,
The Dubuque Planning and
Zoning Commission
By Richard V. McKay, Secy.
P.S. The Planning and Zoning
Commission assumes Council will
retain easement rights over this
strip for Utilities, if vacated.
Councilman Kintzinger moved
that the recommendation of the
planning and Zoning Commission
be approved, Seconded 'by Council•
man Austin. Carried by the follow-
ing vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
• July 2, 1954
To the Honorable Mayor,
City Manager and
City Council,
Dubuque, Iowa.
Gentlemen:
The Planning & Zoning Commis-
sion respectfully recommends to
your Honorable Body granting 'the
petition of Mr. and Mrs. Fred N.
Voels et al far rezoning of proper-
ty on the northerly side of Grace
St, from Auburn easterly to the
end of said Single Family District
to Two Family Classification.
Yours truly,
The Dubuque Planning and
Zoning Commission
By Richard V. McKay, Secy.
Councilman Welu moved that
the recommendation of the Plan-
ning and Zoning Commission Abe ap-
proved and proper proceedings pre•
pared. Seconded Eby Councilman
Kolb. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
July 3, 1954
To the Honorable Mayor,
City Manager and
Cihy Council,
Dubuque, Iowa
Gentlemen:
The attached petition of Mr.
Howard Pixler requesting the re-
zoning of his property-Lots 3 and
4 of the Sub. of "Lot 2 of City Lot
598 and of Lot 2 of Lot 3 of City
Lot 598" to enable construction of
a one-story building on Lot 3 has
been given considerable study by
the Planning & Zoning Commis-
sion and the Planning & Zoning
Commission respectfully recom-
mends the extension of the present
Business District at the north west-
erly corner Dodge & Bluff Sts.
northerly along Bluff St. to the
southerly line of the Franklin
School property.
This will take care of Mr. Pixler's
problem and also make additional
property available for Business or
light industry.
Respectfully submitted,
The Dubuque Planning and
Zoning Commission
By Richard V. McKay, Secy.
Councilman Welu moved that
the recommendation of the Plan-
44Q Regular Session, July 6th, 1954
Wing and Zoning Commission be
approved and proper proceedings
prepared. Seconded Eby Council-
man Kolb. 4arried by tl-e follow-
ing vote:
Yeas - MayorSchueller, Coun-
cilmen Aastin, Kintainger, Kolb,
We1u.
Nays-None.
July Z, 1964
To the Honorable Mayor,
City Manager and
City Council,
Dubuque, Iowa
Gentlemen:
Referring to attached petition of
Dubngpe Storage & Transfer Co,
asking the vacatiaa of Elm St. and
Alley between Elm St. and Wash-
ington St, from north line of Liebe
St. to loath property line of Du-
buqup Stamping ~ 114anufaoturing
Co. and from the south line of
Liebe St, to the north property
line of Dubuque Storage & Trans•
fer Co., the Planning & Zoning
Commission respectfully recom•
mends granting of this petition by
your Honorable Body.
Respectfully submitted,
The Dubuqut Planning and
Zoning Commission
By Richard V. McKiay, Sett'.
Councilman Welu moved that
the recommendation of the Plan-
ning and Zoning Commission be
approved and proper proceedings
prepared. Seconded ~by Council-
man Kolb. Carried by the fallow-
ing vote:
Yeas - ]Ifayor Sthaeiter, Coon
eihaen Aastin, Kintzinger, Kolb,
Wela.
1Nays-None.
July 2, 1954
To the Sonorable Mayor,
City Manager and
City Council,
Dubuque, Iowa
Gentlemen:
With regard to attached petition
of llermaa C. Brotk-nan et al re-
questing vacation of Sultivaa Street
from Levi do it's northerly termi-
nus, the Dubuque Planning & Zan•
ing C._-...:lesion .;,,,,~~tfully rec-
...ands denial of the petition.
This is the only mesas of access
to a large undeveloped tract to the
north, and hence should not be va•
cated.
Yaars truly,
The Dubuque Planning and
Zoning Commission
$y Richard V. McKay, Secy.
Councilman Welu moved that the
recommendation of the Planning
and Zoning Commission be ap-
proved. Seconded by Councilman
Kolb. Garried by the following
vote:
Yeas -Mayor 5chaeller, 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) petitict-
of John C. Kaiser et al dated Dec.
8, 1963, asknsg for certain rezon-
ing od Dots ds 7 and 8, Sub, of
Part of idineral Lot 149; (2J coem-
ter petition of Clifford Palm dated
Tdar. 12, 1954 containing many
ideatigi nana~ as on former, (3) a
secondary petition from someprop-
erty owners on the northerly side
of Dodge Street, apposite the lots
in question dated Kay 1, 1954 and
signed by Jos. Roscram et al; (41
together with verbal evidence for
and against presented at a meeting
of May 13,1954, the Dubuque Plan-
ning and 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 and Zoning Commission
respectfully recommends to Your
Bonorable Body denial of the pe•
titions of John C. Kaiser et al and
Joseph Roscranz et al.
Yours truly,
The Dubuque Planning and
Zoning Commission
By Richard V. McKay, Secy.
Councr7rr-an Kolb moved that the
recommendation of the Planning
and Zoning. Commission be adapt-
ed Seconded Eby Councilman Kfnt-
zinger, Carried by the following
vote:
Yeas -Mayor Schueller, Coaa-
oilmen Kintzinger, Kolb, Welu,
Nays-None.
ltegulat Session, Jaiy bth, 1954 44i
ORDINANCE N0.4654
An Ordinance Amending and
Changing the Zoning Map of the
City of Dubuque, as provided by
Ordinance No. 3.43, Designated the
Zoning Ordinance, so as to change
the herein described Area from
Iduitiple and Two•Family Residence
District Classification to Busir-ess
I>istriot Classification, presented
and read. Councilman Kolb moved
that the reading lust had be con-
sidered the first reading of the or-
dinance, Seconded ~by Councilman
Welu. Carried by the following
vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Rolb,
Wefu.
1Vays-~ldone.
Councilman Kolb moved that the
rule requiring reading of an ordi-
nance on three separate days be
waived. Seconded by Councilman
Wetu. Carried by the following
vote:
YEdS - iKayor Schueller, Coun-
cilman Austin, Kinizinger, Kolb,
Wean.
Nays-none.
Councilman Rolb moved that a
public hearing be held on the ordi-
nance on August 2nd, 1954 at 7,30
P.M. in the Council Chamber and
that the City Clerk be instructed
to publish notice of the 'hearing
in the manner required by law.
Seconded by Councilman Kintziug-
er. Carried by the following vote;
Yeas -'Mayor Schueller, Coun•
oilmen Austin, Kintzing'er, Koib,
Welu.
Nays-None.
ORDINANCE N0. 47.54
An Ordinance Vacating described
portions of Elm Street and the al-
ley lying between IIm Street and
Washington Street gas the same ap-
pear in the Plat of I.iebe's Sub. No.
1 and 2 and conveying said vacated
portions to Dubuque Storage and
Transfer Company, and authoriz-
ing the conveyance thereof, pre•
seated and read. Councilman Kolb
moved that the reading just had be
considered the firsf reading of the
ordinance. Seconded by Council•
man Welu. Carried by the follow-
ing vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Rintzinger, Kolb,
Welu.
Naps-Alone.
Councilman Kolb moved that the
rule requiring reading of an ordi-
nance on three separate days be
waived, Seconded by Councilman
Welu. Carried by the #oilowutg
vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays--None.
Councilman Kolb moved that a
public hearing be held on the or•
dinance on August 2nd, 1954 at
7:30 P.M. in the Council Chamber
and that the City Clerk be instruct-
ed to publish notice of the hearing
in the mariner required by law.
Seconded by Councilman Austin.
Carried by the following vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Mays--None.
July 6, 1954
To the Honorable .Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of the Klauer•Julien
Hotel Company, asking that the sit•
uabion rotative to truck mates be
reviewed and that truck routes be
adopted that will not traverse ei•
Cher Second Street between Locust
and Iowa, nor Main Street between
First Ind Third Streets, was re-
ferred to the Chief of Police.
f am attaching the report of the
Chief of Police which clearly shows
that it is not practical to change
the alternate truck routes from
those established by ordinance.
f am also attaching several pho-
tographs that show the condition
that would exist on First Street, if
the route was changed.
Respectfully submitted:
L. J. SCHILTZ,
City Manager
Councilman Welu moved that
the communication of City Manager
Sehllta be received and filed and
the recommendation of Chief of
Police Callahan be approved. Sec-
onded by 'Mayor Schueller, Carried
by the following vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-done.
442 Regular Session, July 6th, 1954
July 6, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Attached herewith is a report
of Eugene Lang regarding the pro-
.posed rates of the Key City Gas
Company. Mr. Lang in his recom-
mendations suggested that sched-
ules be revised so that residential
water heater users will get reduc-
tions in rates or in line to those
using gas for cooking.
The rates proposed by the Key
City Gas Company will not produce
sufficient revenue for a return on
the value of the company property.
This condition will prevail until
the company, through increased
sales efforts, is able to dispose of
gas in large volumes to industry
and the house-heating public.
A conference has been held
with the Gas Company officials and
they are working out a revised
schedule to revise and apply with
Mr, tangs recommendations.
Respectfully submitted:
L. J. SCHILTZ,
City Manager
Councilman Kintzinger moved
that the communication of City
Manager Schiltz together with the
report of Eugene Lang be referred
to the City Council. Seconded 'by
Councilman Welu. Carried by the
following vote:
Yeas -Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
The Key City Gas Company
Dubuque, Iowa
July 6, 1954
To The Honorable Mayor
and City Council
City of Dubuque
Dubuque, Iowa
Gentlemen:
We respectfully submit the fol-
lowing rates to be made available
to gas consumers in the city of
Dubuque commencing with all me-
ter readings 'on and after the date
of service of natural gas. These
rates have been revised from the
rates previously submitted and we
ask that the following rates ~be con-
sideredfor your approval.
General Service. First 1500 cu.
ft. per meter per month, $3,00 per
MCF. Next 8500 cu. ft, per meter
ntr~e~ ~:~•~r~~~dr~p~Na~GyM~let'k~^+R~F E~~~a.ou; .r >
per month $2.52 per MCF. Next
40,000 cu. ft. per meter per month
$.75 per MCF. Next 50,000 cu. ft.
per meter per month $.70 per MCF.
All in excess of 100,000 cu. ft. per
meter per month $.65 per MCF.
Minimum monthly charge: $1.71.
Residential and Commercial
House Heating Service. First 500
cu. ft. per meter per month $1.25
per MCF. Next 1500 cu. ft. per me-
ter month $1.30 per MCF. Next
3,000 cu. ft. per meter per month
$1.10 per MCF, Next 45,000 cu. ft.
per meter per month $.75 per MCF.
Next 50,000 cu. ft. per meter per
month $.70 per MCF. All in excess
of 100,000 cu. ft. per meter per
month $.65 per MCF, Minimum
monthly charge: $1.25 per meter.
Customers bills shall be com-
puted at the above rates and there
shall be added to all bills of $2.00
or less a charge of lOc and to all
bills in excess of $2.00, a charge
equal to the quantity of gas con-
5umed at lOc per 1,000 cu. ft.
'which charges shall be collected
from those customers who fail to
pay their net bill within 10 days
from and after date thereof. Thank
you for your consideration of this
matter,
Yours very truly,
The Key City Gas Company
Eldon V. Hunt
General Manager
Councilman Austin moved that
the communication be referred to
Mr. Eugene Lang for study and
report and that an ordinance be
prepared and submitted at the
Council meeting of July 20th, 1954
for Council consideration. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
July 6, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The action on the English Lane
sewer project and the petition of
Lillian Kassmeyer was deferred un-
til the City Council can view the
grounds.
The decision of the City Council
after viewing the grounds, was
that the assessment against the
Regular Session, July 6th, 1954 443
property of Mrs. Kassmeyer will
be deleted and the City will pay
the deficiency. However, neither
will a connection to the sewer be
permitted from the Kassmeyer
property in any future date unless
the amount of the assessment be
paid to the City.
Respectfully submitted:
L. J. SCHILTZ,
City Manager
Councilman Austin moved than
the recommendation of City Man•
ager Schiltz be accepted. Seconded
by Councilman. Kolb. Carried by
the following vote:
Yeas -Mayer Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
(Decision of Council upon objec•
Lions to plans, specifications,
form of contract and cost of im•
provements)
RESOLUTION N0.246-54
Whereas, proposed plans and
specifications and form of contract
for the construction 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 Sub-
division to the center line of Eng-
lish Lane, thence north 3202 feet
along the center line of English
Lane 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, speci-
fications or contract for or cost
of such improvements, said time
being this 29th day of June, 1954;
and
Whereas, the City Council met in
regular session this 6th day of
July, 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 consider-
ing any and all objections which
have been filed to the proposed
plans, specifications or contract for
or cost of the improvement herein
described and proposed to be
made; and
Whereas, all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; 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 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 this Council upon all objections
which have been filed to the plans,
specifications and form of cost said
improvement be made a matter of
permanent record in connection
with said improvement
Passed, adopted and arr.+ed
this 6th day of July, 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, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0.214-54
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
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-
sessed with a valuation fixed by
the council.
4. An estimate of the cost of the
improvement, stating the same for
444 Regular SessiAn, July bth, 1954
i
i
~',
II`.
d.~.
each different type of construction Gity Councif this 6th day of Juiy,
and kind of material to be used, 1854.
5. In each case the amount
thereof which fs estimated to be
aesesse~d against each lot, for the
construction of an eight (8) inch
aar+itary sewer beginning at the
existing manhole in Levi Street,
X52.2 feet west of the center line
of Sullivan Street, thence north
41D.5 feet, #lrence westerly 162 feet
through Lot 8 of Broekman's Sub-
division to the center tine of Eng-
lish Lane, thence north 320.2 feet
along the center line of English
Lane.
Be It Therefore Resolved that
the City Conneii upon petition of
I+~-I~r'ty owners, deems it advis-
able and ne,,;;,,,.ry for the public
welfare to make the herein men-
tioned imr..~~~.,„trot, and unless
iH'ol~rtY 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-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense
of making said i~:;~~„vement will
be assessed upon and against all
privately owned property lying
within assessable distance provickd
by law and in an amount not to
exceed the amount provided by
law, property will be assessed
whether the sane abuts thereon
or is adjacent thereto according to
area and in proportion to the spec-
ial 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-
doted, approved and ordered plac-
ed on file with the City Clerk this
7th day of June, 1954. The fore-
going resolution was finally passed
and adopted, as proposed, by the
LEO N. SCHUELLER,
Mayor
CLARENCE P.. WELD,
RAY F. KOLB,
RUBEN V. AUSTIN,
CHARLES A. KINTZINGER,
Counelmen
Attest; J. J. SHEA,
City Clerk
Councilman Welu moved the
adoption of the resofution. Second-
ed by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
(Ordering Construction)
RESOLUTION N0.241-~4
8e It Resolved by the City Coun-
cil of the City of Dubuque that
pursuant to a resolution of neces-
sity No. 2i4~4 which was duly
passed by this Council, far the
construction of an eight (8) inch
sanitary sewer i .,~...:ing at the
existing manhole in Levi Street,
252.2 feet west of the center Iine
of SaIlivan Street, thence north
419.5 feet, thence westerly 162 feet
through Lot 8 of Srockman's Sub-
division to the center line of Eog-
lish Lane, thence north 820.2 feet
along the center line of English
Lane be and the same are hereby
ordered and constructed by this
Counoil upon its own motion and
with the petition of property own-
ers. Ali the work shall be construct-
ed in accordance with the plans and
specifications heretofore adopted
and now on file in the office of the
City Clerk.
Be ft Further Resolved that the
cost and expense of the said im-
provements be paid for by levying
special assessments against the pri-
vateiy owned property lying within
the assessable distance from the
improvements, whether such prop•
arty 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. Pay ;;:.,:,t will
be made to the contractor out of
funds realised from the sale of
hoods to be issued in anticipation
Regular 5esaioa, iuly 6th, ]954 445
of delerred payments of assess• Passed, adopted and approved
meats as provided by law after the this 6th day of July, 1954.
work has been completed and ac• LEO N, SCHUEI.LER,
cepted by the City Caunra7. Mayor
Be It Hltrther Resolved that the CLARENCE P. WELD,
City Clerk be and he is hereby or- RAY F. KOLB,
dared and directed to advertise for RUBEN V. AUSTIN,
proposals for the construction of CHARLES A. KIlVTZINGER,
the various i...r.~~~,ments herein Councilmen
provided for in the manner pro- Attest: J. J. SHEA,
vided by law, the said improve- CSty Clerk
meats shall be completed oa or be- ', Councilman Welu moved the
fore 30 calendar days after notice ;adoption of the resolution. Second-
to proceed is issued. ' ed by Councilman Kolb. Carried by
Be It Further Resolved that this the fallowing vote:
resolution being deemed urgent Yeas-ffiayor Schueller, Counci1-
and of immediate netessitp shall ~ men Austin, Kinttinger, Kolb,
be in force and effect from and ; Welu
after its passage and adoption by .
; Nays-None,
the City Council.
adopted and approved
Passed RESOWTION N0.149-54
,
this fith day July, 1954. Whereas, applications for Beer
permits have been submitted th
LEO N. SCHUELLER,
Mayor this Council for approval and the
CI,ARENCE P. WELD same have been examined:
,
RAY F. KOLB, Now, Therefore,
Be It Resolved by the Council
RUBEN V. AUSTIN,
KINTZINGER
CHARLES A of the City of Du:,.,,.e that the
,
.
ilmen
C following applications be granted
ounc d the licenses are to be issued
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, Council-
men Austin, Kintringer, Kolb,
Welu.
Nays--None.
RES04.UTION N0.248--64
Be It Resolved by the,City Coua-
cdl of the City of Dubugae that the
following, having compiled with
the provisions of law relating to the
sale of cigarettes within the City
of Dubuque, be granted a permit
to sell cigarettes and cigarette
papers within said City and the
bIanager Is directed to issue such
permit on behalf of said City.
Name Address
Ray G. Batteram, 1602 Central
Avenue.
Clarence D. Schauer, 378 Main
Street.
Elmer Jochum, 553 Eighth Av-
enue.
Harold E. Tindeil, 3204 Jackson
Street.
Carl A, Burke, 1504 Central Av-
enue.
Be It Further Resolved that the
bonds filed with the applications
be approved.
an
upon the compliance with the
terms of the ordinances of this
City.
CLASS "B" PERMIT
Name Address
Harald E. Tindall, 32fq Jackson
Street.
Mrs. Glen McArdle,1961 Central
Avenue.
Alphonse Wolf, 185 Main Street.
Passed, adapted and approved
this 6th day of July, 1954.
LEO N. SCHUELLER,
Mayan
CLARENCE P. WELII,
RAY F. KOLB,
RUBEN V. AUSTIN,
C'fiARLES A, KINT2TNGER,
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 Schueuer, Coancil-
men Austin, Kintzinger, Kolb,
Welu,
Nays-None.
RESOLUTION N0.254--54
Whereas, heretofore applications
for Been Permits. were filed by the
within named appucaats and they
446 Regular Session, July 6th, 1954
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
Harold E, Tindall, 3203 Jackson
Street.
Mrs. Glen McArdle, 1961 Central
Avenue. ,
Alphonse Wolf, 185 Main Street,
Be It FStrther Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 6th day of July, 1954.
LEO N. SCHUELLER,
Mayor
CLARENCE P. WELU,
RAY F. KOLB,
CHARLES A. KINTZINGER,
RUBEN V. AUSTIN,
Councllmen
Attest: J. J. SHEA,
City Clerk
Councilman Kintzinger moved
the adoption of the resolution.
Seconded by Councilman Austin.
Carried by the following vote:
Yeas-Mayor Schueller, Council•
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Councilman Kintzinger moved
that the rules be suspended for the
purpose of presenting the petition
of Arthur Digman in regard to con•
struction of a sanitary sewer in por-
tions of Farragut, Rhomberg and
Lincoln Avenues and alleys ad-
joining, Seconded by Councilman
Austin. Carried by the following
Vete:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Arthur Digman re-
questing permission to construct
an eight inch vitrified file pipe
sanitary sewer along the alley be•
tween Lincoln and Rhomberg Av-
enues, from Lot 391 of Ham's Ad-
dition to Farragut Street, thence
along the center line of Farragut
Street to Rhomberg Avenue, thence
along Rhomberg Avenue to within
48 feet of Hawthorne Street, thence
crossing Rhomberg Avenue to the
alley between Rhomberg Avenue
and Garfield Avenue, presented
and read.
Councilman Welu moved that the
request be granted and proper pro-
ceedings prepared. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu,
Naps-None,
ORDINANCE N0. 46-54
An Ordinance Granting Arthur
Digman the Right to Construct a
Sanitary Sewer in portions of Far•
ragut, Rhomberg and Lincoln Ave-
nues and alleys adjoining; Provid-
ing the terms and conditions there-
of; and providing for a charge for
connecting thereto, presented and
read.
Councilman Kolb moved that the
reading just had be considered the
first reading of the ordinance. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Councilman Kolb moved that the
rules be suspended requiring an
ordinance to be read on three sep-
arate days. Seconded by Council-
man Welu. Carried by the follow-
ing vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Ordinance No. 48.54
An Ordinance Granting Arthur Dig-
man the Right to Construct a Sani-
tary Sewor in portions of Farragut,
Rhomberg and Lincoln Avenues and
alleys adjoining; Providing the terms
and Conditions thereof; and Provid-
ing for a Charge for Connecting
Thereto.
Bt It Ordained By The City Council
of The Cfty OP Dubuque:
Section 1. That Arthur Digman be
and he is hereby granted the right
to construct an B inch vitrified the
pipe sanitary sewer along the alley
between Lincoln and Rhomberg Ave-
nues, from Lat 391 of Ham's Addition
to Farragut Street, thence along the
center line of Farragut Street to
Rhomberg Avenue, thence along
Rhomberg Avenue to within 48 feet of
Hawthorne Street, thence aroesing
Rhomberg Avenue to the alley be-
tween Rhomberg Avenue and Garfield
Avenue, totalling 98~ feet, upon the
following terms and conditions:
(a) That grantee agrees to con-
struct sold sewer within one year
Regulaz Session, July 6th, 1954 447
from the date hereof and to pay the
entire cost thereof, including cost of
reetoring the surface of the street;
(b) That said sewer shall be con-
proveddby the State Departmentaaf
Health and the Clty Manager and
under the supervision and direction
of the City Manager and City Engin-
eer;
(c) That grantee will enter into
saaido etwertwlth atqualitledtco tractor,
~: which contract w111, among other
things, contain a clause requiring the
contractor to obta[n all necessary
meite,itrequireddby thecCityoof Du-
buque, or any other Governmental
agency, a clause obligating the con-
tractor and his bondsmen to keep
a[i not lessl thous we (2) fyears from
the date of acceptance of the work,
and a clause requiring the contractor
to furnish a surety bond with the City
of Dubuque named as one of the
obligees, guaranteeing the faithful per-
formance of said contract;
(d) That upon completion of Bald
sewer and the accepptance of the same
by the City Counell, said sewer shall
become a public sewer under the
exclusive charge and control of the
City of Dubuque and its free use as
such shall not be intederred with by
the grantee, his successors or assigns;
Section 3. After said sewer has
been completed and the total cost
thereof has been paid by grantee,
the grantee herein shall file with the
C1ty Council a certified statement,
out byg him dinaoennlectiono with pthe
construction of said sewer, including
I engineering fees and the coat of re-
storing the surface of the streets.
Thereafter, any person or Persona de-
siring to connect with said sewer,
except the grantee herein, and except
the following-named persons pertain-
ing to property now owned by said
Ronald ~Patterson~siand Emt]HPloesal;
1 * shall first apply to the City Manager
for perm[salon ao to do and such per-
misafun shall be granted upon con-
dition that the applicant pay to the
City Treasurer, for the account of the
grantee herein, a connection charge
in an amount which will be filed
by Resolution of the City Council at
' the t[me of the acceptance of said
sewer. However, such connection
charges shall not be exacted for any
extension of said sewer made by the
City of Dubuque, or its permittees.
Section 3. That the authority
granted herein shall terminate on
December 1st, 19b4 unleae the terms
accept diinnwrlting bOrdheagrantee
prior to that date.
Section 4. This Ordinance shall be
in full force and effect from and aft-
er its final passage, adoption and
publication as provided by Law.
Passed, approved and adopted this
Bth day of July, 1954.
LEO N. SCHUELLER, Mayor
CLARENCE P. WELU
i RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest:
J. J. SHEA
City Clerk
Acceptance of Ordinance No. 48.84
Arthur'Digman of the City oP Du-
buque, Dubuque County, Iowa, hav-
ing full knowledge and understanding
of all the terms and conditions of
Ordinance No. 48-54 hereby accepts
the same as passed and agrees to
comply with all the terms and con-
ditions thereof.
Accepted. this 7th day of July, 1954.
ARTHUR DIGMAN
Published officially in The Tele-
graph-Herald newspaper this 13th day
of July, 1969,
J. J. SHEA
It. 7-13 City Clerk
Councilman Kolb moved the
adoption of the ordinance. Second•
ed by Councilman Austin. Carried
by the following vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None,
There being no further business
Councilman Kolb moved'to adjourn.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
J. J. SHEA,
City Clerk
Approved ................................1955.
Adopted ..................................1955.
....................................
....................................
Councilmen : ....................................
448 Special Session, July 20th, 1954
CITY COUNCIL
(OFFICIAL)
Special Session, July 20th, 1954,
Council met at 7:30 P.M.
Present-Mayor Schueller, Coun-
cilmen Austin, Kirrl:inger, Kolb,
WeIu. City Manager Schiltz.
Meeting called by order of Mayor
5.:.,,~ller.
Mayor SchneTler read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the propose of
corxtneting a public hearing on
proposed resolution of necessity,
estimate of cost and plat and
sehed'nk for the construction of a
cast iron Water main in Alpha Av
enue, Born Avenue, Carlton Ave-
nue, Indiana Avenue, L..~.~ Ave-
nue, McPoland Avenue, Nebraska
Avenue, Green Street and Wood-
lawn Street and acting on any
other business as may properly
ceare before a regular meeting of
the City Council.
Proof of publication, certified to
by the publishers' of notice to prop-
erty owners of the construction of
a cast iron water main In Alpha
Avenue from south property line
of Lenox Avenue to the north prop-
erty line of Indiana Avenue, in
Born Avenue from the south prop-
erty line of Pennsylvania Avenue
to the north property line of In-
diana Avenue, in Carlton Avenue
from the west property line of
Brown Avenue to the west end of
Carlton Avenue, in Indiana Avenue
from the east property line of Born
Avenue to the west property line
of Alpha Avenue, in Lenox Avenue
from the west pooperty line of
Drexel Avenue to the east property
line of Born Avenue, in McPoland
Avenue from the south property
line of Pennsylvania Avenue to
the north property line of Lenox
Avenue, in Nebraska Avenue from
the north property line of Lenox
Avenue to the east property line
of McPoland Avenue, in Green
Street from the west property line
of Lot 190 of Finley's Addition to
the north property line of Pennsyl-
vania Avenue, in Woodlawn Street
from the north property line of
Asbury Street to the south proper-
ty line of Karen Street, presented
and read.
Councilman Kolb moved that the
proof of publication bt received
and filed, Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Schueller> Council-
men Austin, Kintzinger, Kolb,
Welu.
Nags---None.
July 20, 1954
Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen; I hereby protest and
object to the proposed or estimated
special a~essmemt of X75.20 against
Lot 251 Lenox Addition, City of
Dubuque, for 1954 Water Main Pra
jest No. S, for the reason that the
same is excessive, The lot in gnes-
tian is too small to obtain a per-
mit on which to erect a home and
bas ao value as a residential site.
Its arty value is as a yard for
adjacent property, and the com-
mittee's valuation of $460,00 is
more than can be obtained for
the same. Generally speaking. other
lots in the assesment district have
had a valuation placed thereon sub-
stantially below their market value.
As to Lol 251, the valuation of
$450.00 is in excess of market value
by at lest $400.00.
Respectfully submitted,
W. S. MOLD,
By, O'Connor, Thomas, McDermott
& Wright
His Attorneys,
P. J. O'Connor
Attameq F, J. O'Connor address-
ed the Council in support of the
Wrttter! objection and asked that
the matter of valuation on Lot 251
Lenox Addition be reconsidered,
Councilman Austin moved that
the written. objection of W. 3. Molo
be placed an fik and the valuation
placed on this lot be reconsidered
by the City Council. Seconded by
Councilman Kalb. Carried by the
following vote;
Yeas-Mayor Schaeffer, Coun~il-
men Austin, Kintzinger Kolb,
Welu,
Nays-Nose,
R:ESr7LlJtFON ifO'. 242--54
Resolution of necessity far' con-
struction of (Short Title} the 1954
Water kLain Project No, 1 else set-
ting time ana place of hearing and
prescribing notice for (Short. Title)
the 1954 Water Main Project No.
1, consisting of a cast iron water
Special Session, July 20th, 1954 449
main in Alpha Avenue from the
South Property line of Lenox Av
enue to the North Property Line
of Indiana Avenue.
Bern Avenue from the South
Property line of Pennsylvania Ave-
nue to the North Property Line of
Indiana Avenue.
Carlton Avenue from the West
Property Line of Brown Avenue to
the West end of Carlton Avenue.
Indiana Avenue from the East
Property Line of Born Avenue to
the West Property Line of Alpha
Avenue.
Lenox Avenue from the West
Property Line of Drexel Avenue to
the East Property Line of Born
Avenue.
McPoland Avenue from the
South Property Line of Pennsyl-
vania Avenue to the North Prop-
erty Line of Lenox Avenue.
Nebraska Avenue from the North
Property Line of Lenox Avenue to
the East Property Line of Mc•
Poland Avenue.
Green Street #rom the West
Property Line of Lot 190, Finley's
Addition to the North Property
Line of Pennsylvania Avenue.
Woodlawn Street from the North
Property Line of Asbury Street to
the South Property Line of Harm
Street.
Whereas, proposed plans and
specifications, plat and schedule
have been duly prepared and ap•
proved by the City Council of the
City of Dubuque and are now on
file in the office of the City Clerk
showing, among other, things the
following:
a. An estimated fatal cost of the
work.
b. The amount proposed to be
assessed aaginst each lot for the
improvement for the construction
of the 1954 Water Main Project
No. 1.
Be It There#ore Resolved by the
City Council of the City of Du-
buque, Iowa:
1. That the City Council deems
it advisable and necessary for the
public welfare to make said im-
provement.
2. Said improvement shall be
constructed and done in accord-
ance with said plans and specifica-
tions and a portion of the total
cost of making said improvement
shall be assessed against all pri-
vately owned property lying within
the assessment district shown on
such plat in an amount not to ex-
ceed the amount provided by law
and in proportion to the special
benefits conferred thereby and the
remainder of the total cost shall
be paid out of the Water Works
General fund.
3. Bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor.
4. On the 20th day of July,
1954 at 7:30 P.M. the City Council
will meet in the City Council
chambers in the City Hall, in the
City of Dubuque, Iowa and hear
property .owners subject to the
assessment and interested parties
for and against the improvement,
its cost, the assessment thereof, or
the boundaries of the district.
5. The City Clerk is hereby au-
thorized and directed to cause pub-
lic notice of the date, time and
place of hearing to be given by
publication once each week for
two consecutive weeks the first
of which publications shall be not
less than fifteen nor more than
twenty five days prior to said hear-
ings and by mailing a copy of said
notice by ordinary mail to the
owners of said property to be as-
sessed, as shown by the records in
the office of the County Auditor
not less than fifteen days prior to
said hearing,
Approved on first reading this
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
All objections are hereby over-
ruled and the foregoing resolution
passed, adopted and approved as
proposed, this 20th day of July,
1954. LFA N. SCHUI~J.EB
Mayor
CLARENCE P. WELD
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
I
450 Special Session, July 20th, 1954
Councilman Welu moved the
adoption of the resolution. Second•
ed by Councilman Kolb. Carried
bq the following vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu,
Nays-None.
RESOLUTION N0.251-54
Resolution Approving Detailed
Plans, Specifications, Form of Con-
tract and Notice to Bidders, and
Directing Advertisement to Bid-
ders.
Whereas the City Council of the
City of Dubuque, Iowa has here-
tofore adopted Resolution No. 242
--54 being a Resolution of Neces-
sity for the construction of a cast
iron water main in Alpha Avenue
from the South Property Line of
Lenox Avenue to the North Prop-
erty Line of Indiana Avenue.
Born Avenue from the South
Property Line of Pennsylvania Av-
enue to the North Property Line
of Indiana Avenue.
Carlton Avenue from the West
Property Line of Brown Avenue to
the West end of Carlton Avenue.
Indiana Avenue from the East
Property Line of Born Avenue to
the West Property Line of Alpha
Avenue.
Lenox Avenue from the West
Property Line of Drexel Avenue to
the East Property Line of Bom
Avenue.
McPoland Avenue from the
South Property Line of Pennsyl-
vania Avenue to the North Prop•
erty Line of Lenox Avenue.
Nebraska Avenue from the North
Property Line of Lenox Avenue to
the East Property Line of Mc-
Poland Avenue.
Green Street from the West
Property Line of Lot 190, Finley's
Addition to the North Property
Line of Pennsylvania Avenue.
Woodlawn Street from the North
Property Line of Asbury Street
to the South Property Line of
Karen street and,
Whereas the City Engineer has
submitted and filed with the
City Clerk detailed plans and spea-
fications, form of contract and no-
tics to bidders for said improve•
ment;
Now Therefore, Be It Resolved
that said plans, specifications, form
of contract, and notice to bidders
are hereby approved, and that the
City Clerk is hereby authorized and
directed to publish said notice to
bidders, in the manner provided
by law, once each week for two
consecutive weeks, the first of
which publications shall be not less
than twelve (12) days before the
date set in said notice for receiv-
ing bids and that each bid shall
be accompanied by a certified
check on an Iowa bank for not
less than $4500.00
Passed, adopted and approved
this 20th day of July, 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 Kintzinger. Car-
ried by the following vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None,
Proof of publication, certified to
by the publishers, of notice of pub•
]ic hearing an Ordinance No. 4454,
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 and
by repealing Section "a" of Article
DC thereof and enacting a substi-
tute therefor, presented and read.
No written objections filed and no
objectors present in the Council
Chamber at the time set for said
public hearing. 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, Kalb,
Welu.
Nays-None.
ORDINANCE N0. 4454
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 and
by repealing Section "a" of Article
IX thereof and enacting a substi-
Special Session, July 20th, 1954 451
tote therefor, said ordinance was
passed upon first reading on June
29th, 1954, and ordered placed on
file with the City Clerk for public
inspection before final hearing on
July 20th, 1954, was presented for
final adoption,
(OFFICIAL PiJBLICATION)
Ordinance No, 44.54
An Ordinance Amending Ordinance
No. 3-39, known as the Zoning Or-
dinance, ny repealing Section 1 (q
of Article Il thereof and enacting
a substitute therefor and by repeal•
ing Section "a'' of Article IX there-
of and enacting a substitute there-
for.
Be It Ordained By The City Coun-
cil Of The City of llubuque:
Section i. That Section 1 (i) of
Article II of Ordinance No. 3-39,
known as the Zoning Ordinance, be
and the same is hereby repealed and
the following enacted in lieu thereof:
ARTICLE II
1 li). Within a main building,
the office or studio of a surgeon,
physician, architect, dentist, attorney,
or musician, residing in such mom
building and employing in said office
not more than one non-resident as-
sistant, provided no goods are pub-
licly displayed on the premises and
no sign ar advertisements are shown
other than a sign not more than one
sgtpre foot in area bearing the name
and profession of the person using
the office or studio."
Section 2. That Section a. of Article
II of Ordinance No. 3-34, known as
the Zoning Ordinance, be and the
same is hereby repealed and the
following enacted in lieu thereof;
"ARTICLE IX
a- The ]awful use of any building,
structure m' land existing on Januatry
23, 1934 may be continued, although
such use does not conform with the
provisions nl this Ordinance, subject
to the following conditions:
1. Except as hereinafter provided in
sub-section a.9 hereof, whenever, sub-
sequent to the enactment of this
amendment, any building or structure
Ass been altered, improved, repaired
or reronstrurted and the aggregate
cost.of such work exceeds fifty per
cent (b0%) of the assessed value of
such building or structure before such
work was done, it shall thereafter be
used only in such manner as to con-
form to all of the provisions of this
Ordinance.
2. Anon-conforming use shall not
he extended or changed, except as
hereinafter provided in soh-section
3, but the extension of a lawful non-
conforming use to any portion of a
building or structure that was ar-
ranged or designed for such non-
conforming use and existed on Janu-
ary 23, 1934. shall not be deemed the
extension of such use.
3. A lawful non-conforming use
may he extended or changed to a dif-
ferent use permitted within the classi-
fication of the existing use, if the
Board of Adiustment shall determine,
otter a public hearing o4 which pub-
Ilahed notice has been given, that
such use will meet a community need
rvithout adversely aPPecting the neigh-
borhood; and that such extension or
change will not defeat the spirit and
intent of this ordinance as expressed
fn the preamble.
4. Whenever, subsequent to the en-
Qctmant of this amendment, the own-
er of any building or structure in
which a lawful non-conforming use
exists, shall desire to alter, improve,
repair or reronstruct such building or
structure to an extent exceeding in
aggregate cost fifty per cent (50%)
of the assessed value of such build-
ing or structure and continue such
non-conforming use or any other use
permitted within the classificatign of
the existing use, he may apply to the
Board of Adjustment for permission
so to do and if the Board of Adju~t-
ment shall determine after a public
hearing, of which published notice
tzar been given, that adequate yard
spaces and other safeguards to pre-
serve the character of the nefghbor-
haod will be provided; that such use
will meet a community need without
adversely aPPecting the neighborhood;
and that such use will not defeat
the spirit. and intent of this ordinance
as expressed in the preamble, such
permission shall be granted.
b. Whenever the lawful noncon-
forming use of a building, structure
or land has been abandoned, such
building, structure or land shall there-
after be used only in such manner as
to conform to all of the provisions of
this Ordinance. Anon-conforming use
shall be considered abandoned when
the intent pf the owner to diacontinne
the use is apparent, or when the
characteristic equipment and furnish-
ings of the nonconforming use have
been removed from the premises and
have not been replaced by similar
equipment,within twelve (12) months,
or when it has been replaced by a
conforming use, or when It has been
changed to another use under permit
from the Board or Adjustment.
6. Nothing in th[a ordinance shall
be interpreted as authorization for
or approval of tfie continuance of the
use of a structure or premises in vio-
lation of the zoning regulations in
effect at the time of the effective
date oP this amendment.
7. Upon the effective date of this
amendment, or as soon thereafter as
practical, the Building Commissioner
shall issue a "Certificate of Non-Con-
forming Ilse" to all owners o[ prop-
erty upon which a lawful noncon-
forming use existed at the time of
the enactment of thin amendment,
which certificate shall show, among
ether things, the name of the owner,
the legal description of the property,
and use being made of the property
at the time of issuance. Whenever,
because of a change in the Zoning
Map, or the Zoning Ordinance, a law-
ful conforming use shall become a
non-conforming nse, the Building
Commissioner shall similarly Issue a
"Certificate of Nnn-Conforming IIse"
to the owner of such property upon
request. Copies of such Certificates
¢hall be retained in the office of the
Building Commissioner.
R. Whenever, because ur a change
In the Zoning Map or Zoning Ordi-
nance, alawful ennforming use shall
become a non-conforming use, the
provisions of this section shall apply."
Section 3. That this Ordinance
shall he in full force and effect upon
Its adoption and publicatlpn as pro-
vided by law.
Passed, adopted and approved this
?0th day of July, A.D. 1954.
LEO N. SCHiTELLER, Mayor
CLARENCE P. WELU
RAY F. i{OLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
At+est: ,T. J. SHEA
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 27th day
of July, 1959.
J. J. SHEA
lt. 7-27 Clty Clerk
Councilman Welu moved 'the
adoption of the ordinance. Second-
i
452 Special Session, July 2flth, 1954
ed by Councilman Kintzinger. Car•
ried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Weiu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for the construction of an eight
(8) inch sanitary sewer in Alley
first went of Queen 6treet running
from Clinton Street to Z7th Street,
presented and read. Councilman
Kolb moved that the proof of pub-
lication be received and filed. Sec•
onded by Councilman Austin. Car-
ried by the #oflowing vote:
Xeas -Mayor Sehuelier, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Mays-Noce.
July 20, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Pursuant to your instructions,
sealed bids were xeceived up to
10;00 A.M. on July 20th, 1954 for
the construction of an 8" sanitary
sewer In and along alley-1st west
of Queen Street running from ex•
fisting manhole in Clinton 6treet to
27th Street. Attached is the tabula-
tion of bids received.
I rewmmend that the contract
be awarded to Saffron Construction
Company who submitted the lowest
bid received which was 11.49% un-
der the engineer's estimate.
Respectfully submitted,
L. J. SCIIILTZ,
City Manager
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Kintzinger. Carried by
the following vote:
Xeas -Mayor Schueller, Coun-
cilmen Austin, Kintziager, Kolb,
Welu.
Nays--None.
(Awarding Contract)
RESOLUTION N0.252.54
Wbereas, sealed proposals have
been submitted by contractors for
the construction of an eight (8)
inch sanitary sewer in Alley 1st
west of Queen Street running from
Clinton Street to 27th Street pur-
suant to Resolution No. 226.54 and
notice to bidders published in a
rp.~.,,..r ~-w ~,.. , .,war-~~H'7w°PM ~ 4~u x w '+; ~.!'
newspaper published in said City
on July 2nd, 1954 and July 6th,
1954; and
Whereas, said sealed proposals
were opened and read on July
2Dth, 1054, and it has been deter-
mined that the bid of Saffron Con-
struction Co. of Dubuque, Iowa in
the amount of $1,633A0 was the
lowest 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 Saf-
fron Construction Co. and the Man•
ager be and he is hereby directed
to execute a contract on behalf of
the City of Dubuque for the oom-
plete performance of said work.
Be It Further Resolved, that wp•
on the signing of said contract and
the approval of the contractors
bond the City Treasurer is author-
ized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed and adopted this 20th day
of July, 1954.
LDO N. SCHUk1LLER
Mayor
CLARENCE P. WELD
RAY F. Kt)LE
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•
oilmen Austin, Kintzinger, Kolb,
Weiu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to c~n-
tractors of the receipt of proposals
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
Lat 2 of Dubuque Homes Subdivi•
sign 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
Special Session, July 20th, 1954 453
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 Subdivi-
sion, presented and read. Council-
man Kolb moved that the proof of
publication be received and filed.
Seconded by Councilman Austin.
Carried by the following vote:
-Yeas -Mayor Schueller, Coan•
oilmen Austin, Kintzinger, Kalb,
Welu.
Nays-None.
July 20, 1954
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Pursuant to your instruction
sealed bids were received up to
10:00 A. M. on July 20th, 1954 for
construction of an 8" sanitary sew-
er to and along Dodge Street, be•
ginning at the existing manhole
112' west of the west property line
of Cherokee Drive and an the
north property'of Lot Z of Dubuque
Homes Subdivision No. 2, thence
running north 156' to a point 40'
south of the south edge of con-
crete pavement, thence running
west parallel to edge of concrete
pavement for a distance of 1030.32'
to a point 10' west of east property
tine of Lot 3 of Burkart Subdivi-
sion. Attached is the tabulation of
bids received.
I recommend that the contract
be awarded to the Saffron Con-
struction Company who submitted
the lowest Aid received which was
15.30% under the engineer's esti-
mate.
Respectfully submitted:
L. J. SCHILTZ,
City Manager
Councilman Kolp moved that the
recommendat-on of City Ilfanager
Schiltz be approved. Seconded by
Mayor Schueller, Carried by the
following vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 253.54
Whereas, sealed proposals have
been submitted by contractors 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 lire of Cherokee Drive
and on the north property line of
Lot 2 of Dubuque Homes Subdivi-
sion Na, 2, thence ranniug north
I96 feet to a point 40 feet south
of the soath edge of concrete pave
meat, thence canning west paral•
lei to edge of concrete pavement
for a distance of 1030.3`L feet to a
point 10 feat west of the east prop-
erty line of Lot 3 a1 Burkart Sub-
division pursuant to Resolution No,
2254 and notice tobidders pub
listed in a newspaper published in
said City an Jaly 2nd, 1954 and
duty 6th,1954; and
Whereas, said sealed proposals
were opened and read an July
20th, 1954, and it has been deter
mined that the bid of Saffron Con-
struction Co, of Dubuque, Iowa in
the amount of $5,224.16 was tht
lowest brd For the famishing of all
labor and materials and perform-
ing the work as provided for in the
plans and specifications; now there-
fore,
Be It Resolved by the Cfty Coun-
cil 04 the City of Dubuque that bhe
contract for the above mentioned
improvement be awarded to Saf
iron Construction Co, acrd the Man•
ager be and he is hereby directed
to execute a contract an behalf of
the City of Dubuque for the eom•
plete performance of said work.
Be IC Further Resolved, that
aeon the slgntng of said contract
and the approval of the contrac-
tors bond the City Treasurer is
authorized and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
Passed and adopted this 20th day
of July, 1954.
LEO N. SCHUELLER,
Mayor
CLARENCE ~P. WHLU
RAY F, KOLB
RUBEN V. AUSTIN
OHARLES A. KIHi~udGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
~ the following vote:
Yeas -Mayor SchuelIer, Coun•
oilmen Auatln, Kintzinger, Kolb,
Welu.
Nays--None.
Proof of publication, certified to
454 Special Session, July 20th, 1954
by the publishers, of notice to con-
tractors of the receipt of proposals
for the construction of an eight (8)
inch sanitary sewer in Kane Street
commencing at existing Kaufmann
Avenue Trunk Sewer at a point
approximately 1884 feet west of
the intersection of centerline of
Kane Street and Kaufmann Ave-
nue thence running north a dis-
tance of 217 feet, thence northwest
a distance of 624 feet, thence run-
ning north a distance of 550 feet
to a point on centerline 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 of 2
ofl,2of2of2oflofloflofl
of2ofl,lof2af2ofloflofl
of2ofl,and2oflof2ofla1l
in Mineral 343, Lots 2 and 1 of 1
of 1 all in Olds Place, thence from
point on can±erline of Kane Street
east a distance of 230 feet to a
point 15 feet east of the west prop-
erty line of Lot 1 of 1 of 2 of Min-
erla Lot 344, and west a distance of
1260 feet to the end of Kane Street,
presented and read. Councilman
Kolb moved t}rat the proof of pub-
lication be received and filed. Sec-
onded by Councilman Austin. Car-
ried by the following vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
July 20, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Pursuant to your instructions
sealed bids were received up to
10:00 A.M. on July 20th, 1954 for
the construction of an 8" Sanitary
Sewer in Kane Street from- a point
on existing sanitary sewer in Kauf-
mann Ave. approximately 1884 feet
west of the intersection of Kane
St., thence north to Kane St, thence
west in Kane Street to the end of
Kane Street. Attached is the tabu-
lation of Bids received.
I recommend that the contract
be awarded to the Saffron Con-
struction Company who submitted
the lowest bid received which was
11.61% under the Engineer's Esti-
mate.
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•
oilmen Austin, Kintzingor, Kolb,
Welu.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 25454
Whereas, sealed proposals have
been submitted by contractors far
the construction of an eight (8)
inch,sanitary sewer in Kane Street
commencing at existing Kaufmann
Avenue Trunk Line Sewer at a
point approximately 1884 feet west
of the intersection of centerline of
Kane Street and Kaufmann Avenue
thence running north a distance of
217 feet, thence northwest a dis-
tance of 624 feet, thence running
north a distance of 550 feet to a
point on centerline of Kane Street.
This line will run through ease-
ments an the following property:
Lot 2 of 1 of 51 Burtans Addition,
Lot 1 of 1 of 2 of Mineral Lot 344,
Lotslaf2oflafloflaf2of
1,2af2of2oflofloflofl
of2ofl,lof2of2ofloflofl
of2ofl,and2of lof2ofla1l
in Minera1343, Lots 2 and 1 of i 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 prop-
erty line of Lot 1 of 1 of 2 of Min-
eral Lot 344, and west a distance
of 1260 feet to the end of Kane
Street pursuant to Resolution Nn.
230.54 and notice to bidders pub-
lished in a newspaper published in
said City on July 2nd, 1954 and
July 6th, 1954, and
Whereas, said sealed proposals
were opened and read on July 20th,
1954, and it has been determined
that the bid of Saffron Construc•
lion Co. of Dubuque, Iowa in the
amount of $14,240,00 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 there-
fore,
Be It Resolved by the City Coun-
Special Session, July 20th, 1954 455
oil of the City of Dubuque that the
contract for the above mentioned
improvement be awarded to Saf-
fron Construction Co. and the Man-
ager be and he is hereby directed
to execute a contract on behalf of
the City of Dubuque for bhe com•
plate performance of said work.
Be It Further Resolved, that
upon the signing of said contract
and the approval of the contrac-
tors bond the City Treasurer is au•
thorized and instructed to return
the bid deposits of the unsuccess-
ful bidders.
Passed and adopted this 20th
day of July, 1954.
LEO N. SCHUELLEIt
Mayor
CLAftENCE 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 Austin. Carried
by the fallowing vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Notice of Hospital Lien of St.
Joseph Mercy Hospital in the mat-
ter of the injury claim of Henry
Mertes, presented and read. Coun-
cilman Austin moved that the No-
lice of Hospital Lien be referred
to the City Solicitor. Seconded 'by
Councilman Kolb, Carried by the
following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu,
Nays-None.
Notice of Claim of Mrs. Louise
Millius in an unstated amount for
injuries received in a fall on a de-
fective sidewalk in front of 1900
Ann Street, presented and read.
Councilman Austin moved that the
Notice of Claim be referred to the
City Solicitor for recommendation
and report. Seconded by Council-
man Kolb. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
', Notice of Claim of Fred Jensen
in the amount of $23.99 for dam-
ages to car caused in striking a
hole in the street on Pennsylvania
Avenue, presented and read. Coun•
oilman Austin moved that the No-
lice of Claim 'be referred to the
City Solicitor for recommendation
and report. Seconded Eby Council-
man Krlb. Carried by the follow-
ing vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kalb,
Welu.
Nays-None.
Notice of Claim of Jce Costa in
an unstated amount for damages to
his car caused by driving aver
fresh tar on Pennsylvania Avenue
and Chaney Road, presented and
read.. Councilman Austin moved
that the Notice of Claim be re-
ferred to the City Solicitor for rec-
ommendation and report. Seconded
by Councilman Kolb. Carried 'by
the following vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kalb,
Welu.
Nays~None.
Notice of Suit of Libel in Per-
sonam of W. J. Cantillon, Libelant
vs City of Dubuque, Respondent,
also Notice of Suit In Admiralty,
Monition, of W. J. Cantillon, Iabel-
ant vs City of Dubuque, Respond•
ant, also Notice of Order as to Re-
turn of Process of W. J. Cantillon,
Libelant vs. City of Dubuque, Re-
spondent, in the United States Dis-
trict Court for the Northern Dis-
trict of Iowa, Eastern Division, in
the amount of $9,500 with interest
and costs for damages to barge,
presented and read. Councilman
Austin moved that the Notices be
referred to the City Solicitor. Sec-
onded by Councilman Kolib. Carried
by the fallowing vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Notice of Claim of David Elgin
in the amount of $8.50 for damages
to his car caused in striking a hole
in the street in front of 2538 Elm
Street, presented and read. Coun-
cilman Austin moved that the Na-
tice of `Claim be referred to the
City Solicitor far recommendation
and report. Seconded by Council-
man Kolb. Carried by the follow-
ing vote:
456 Special Session, July 20th, 1954
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Communication of Ridge Motor
~ Machine Co., J. Edward Mueller,
Manager, stating that they wish to
withdraw their name from the ~pe-
tition requesting the City Council
to grant the Jerrold Company ger-
mission to install a TV distribu•
lion system in and for the City of
Dubuque, presented and read.
Councilman Kolb moved that the
communication be referred to the
City Council for future action. Sec•
onded by Councilman Welu. Car-
ried by the following vale;
Yeas -- Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Communication of Thomas Do-
herty relative to the new rate
schedule far natural gas when it
comes to Dubuque and submitting
rate schedules as charged for nat-
ural gas in Minneapolis and St.
Paul, presented and read. Council-
man Welu moved that the com-
munication be referred to the City
Council for consideration at the
time tha new gas rates will be con-
sIdered Eby the City Council. Sec-
onded by Councllman Kolb. Carried
by the following vote:
Yeas -Mayor 6chueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Vincent P. Jestice
asking the City Council to view his
property on McPoland Avenue with
the purpose of seeing why a storm
sewer is not constructed from Len-
ox Road to Nebraska Street in or•
der that the rain and flood waters
are properly Carried away without
washing out his land and so that
he can get some use out of his
land, presented and read. Council-
man Welu moved that the petitipn
be referred to the City Council to
view the grounds. Seconded by
Councilman Austin. Carried by the
following vote:
Yeas -Mayor Schuelier, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays--None.
Petition of Mr. and Mrs. Lester
M. Lgnch and others requesting the
City to grade a terrace and sod the
alley that borders Lots 16, 15 and
14 on Solon Street and Lots 8, 10
and 11 on Langworthy Avenue, also
stating that this alley is unim-
proved and is full of junk and is
infested with rats and is in an un-
sightly condition and a menace to
health, presented and read. Coun-
cilman Welu moved that the peti-
tion be referred to the City Coun-
cil to view the grounds, Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas -- Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of The Disabled Ameri•
can Veterans Fighting Back Chap-
ter No. 8 requesting permission to
have their annual For•Get•Me•Not
sale on Friday and Saturday the
10th and 11th of September, 1954,
presented 'and read. Councilman
Kolb moved that the request be
granted providing there are no con-
flicting dates. Seconded by Coun•
oilman Austin. Carried by Ohe fol-
lowing vale:
Yeas -Mayor Schueiler, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Shiloh Circle No. 27
Ladies of The Grand Army of Re-
public asking permission to hold
Tag Day on the evening of Friday,
Sept. 24, and all day Saturday,
Sept. 25th, 1954, presented and
read. Councilman Kolb moved that
the request be granted providing
there are no conflicting dates. Sec-
onded by Councilman Welu. Car-
ried by the following vote;
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays--None.
Petition of Dubuque Riwanis
Club requesting permission to of-
ferfor sale peanuts during Kiwanis
Peanut Days, the evening of Sep•
lember 24th and all day Saturday
September 25th, 1954, presented
and read. Councilman Austin
moved that the petition be referred
to the City Manager to inform the
Dubuque Riwanis Club of the con-
flicting dates. Seconded by Coun•
oilman Kolb. Carried by the follow-
ing vote:
Yeas -Mayor Schueller, Coun-
r
~',
~F
Special Session, July 20th, 1954 457
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Mrs. Don L. Weber
and others, residents bf the imme-
diate neighborhood of 2814 Bur-
den Avenue, requesting the City
Council to take the necessary steps,
or to instruct the proper authori-
ties to take steps to have the chick-
ens harbored on said property re-
moved at once to eliminate the nui-
sance created by their constant
crowing at all hours disturbing the
residents of this area, as well as
drawing flies, mice and rats and
other undesirable pests, presented
and read. Councilman Welu moved
that definite means be ordered
to remove the nuisance com-
plained of in the petition. Second•
ed by Councilman Kintzinger. Car-
ried by the following vote:
Yeas -Mayor 'Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of John R. Maulson and
others, property owners of Fair-
mount Park Addition, requesting
that the alley at the end of the.
2900 -block between Muscatine and
Burlington Streets be opened, pre-
sented and read. Councilman Aus-
tin moved that the petition ;be re•
ferred to the City Council to view
the grounds. Seconded by Council-
man Welu. Carried by the follow-
ing vote:
Yeas -Mayor Schueller, Coun-
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Dubuque Trades and
Labor Congress requesting permis-
Sion to hold their Labor Day Pa-
rade on September 4, 1954 at 7:30
P.M., presented and read. Council-
man Kolb moved that the request
be granted. Seconded by Council-
man Kintzinger. Carried by the fol-
lowing vote:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
{ Nays-None.
I.~ Petition of John F. liaferbecker
'` concerning the grading of the alley
~~`,, parallel ~to Stoltz Street and ad-
jacent to Davenport Street, pre-
sented and read, Councilman Welu
s moved that the petition be referred
to the City Council to view the
grounds. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas -Mayor 5chueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays--,None.
Petition of Frank E. Lewis re-
questing arefund in the amount of
$100.00 on the unexpired portion of
his Class "B" Beer Permit 136, as
he has discontinued business on
July 20, 1954, presented and lead.
Councilman Kolb moved that the
request be granted and the City
Auditor instructed to draw 'a war•
rant in .the amount of $100.00 in
favor of Frank E. Lewis to cover
the amount of refund granted on
the unexpired portion of his Class
"B" Boer Permit No. 136. Seconded
by Councilman Austin. Carried by
'the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None. ,
Petition of Frank E. Lewis re-
questing arefund in the amount
of $T5,00 on the unexpired portion
of his Cigarette Permit No. 203,
as he has discontinued business on
July 20, 1954, presented and road.
Councilman Kolb moved that the
request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $75.00 in
favor of Frank E. Lewis to cover
the amount of refund granted on
the unexpired portion of his Cig-
arette Permit No. 203. Seconded
by Councilman Austin. Carried 'by
the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kalb,
Welu.
Nays-None.
ORDINANCE N0. 49.54
An Ordinance Amending and
Changing the Zoning Map and Zon-
ing Ordinance of 'the City of Du-
buque, Iowa, so as to change here-
inafter described property lying on
the north side of Grace Street from
Single-Family District Classifica-
tion to Two-Family District Classi-
fication, :presented and read. Coun-
cilman Welu moved that the read-
ing just had be considered the 'first
reading of the ordinance. Seconded
'by Councilman Kolb. Carried by
the following vote:
Yeas -Mayor Schueller, Coun•
458 Special Session, July 20th, 1954
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Councilman Welu moved that the
rule requiring reading of an ardi-
nonce on three separate days be
waived. Seconded •by Councilman
Kalb. Carried iby the following
Vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Councilman Welu moved that a
public hearing be held on the or-
dinance on August 10th, 1954, at
7:30 P.M. in Che Council Chamber
and that the City Clerk be instruct-
ed to publish notice of the hearing
in the manner required'by law. Sec-
onded byCouncilman Kolb. Carried
by the following vote:
Yeas - Mayor Schueller, Coun-
oilmen Austin, Kintzinger, Kolh.
Welu.
Nays-None.
ORDINANCE N0, 5¢54
An Ordinance Amending 0:
nonce No, 33.49, known as the T
fie Code, 'by repealing Section ii
Schedule VI thereof and enact
a swbstitute therefor; iby adding
new section 56 to Schedule
thereof; and by adding a new S
section a, a. to Section 2 of Sch
use N thereof, presented and re
Councilman Welu moved that
reading just had Abe considered i
first reading of the ordinance. S
onded by Councilman Kolb. Carr;
by the fallowing vote:
Yeas -Mayor Sehueller, Col
cilmen Austin, Kintzinger, Ko
Welu.
Nays-None.
Councilman Welu moved tl
the rules ~be suspended requiri
an ordinance Ito be read on thr
separate days. Seconded Eby Cot
cilnVan Kolb. Carried Eby the f
lowing vote:
Yeas -Mayor Schueller, Cot
cllmen Austin, Kintzinger, Ko
Welu.
Nays-None.
ORDINANCE NO. 50.54
An Ordinance Amending Ordinau
No. 33-49, known as the Traf.
Code, by repealing Section ii
Schedule VI thereof and enacti.
a subetltute therefor; by adding
new Sectien 56 to Schedule
thereof; and by adding a new Su
section a.a. to Section 2 of Sche
use IV thereof.
Be it ordained by the City Counci]
of the City of Dubuque:
Section 1. That Section ti. of
Schedule VI o[ Ordinance No. 33-49
known as the Traffic Code be and the
same to hereby repealed and the fol-
lowing enacted in Ifeu thereof:
'SCHEDULE VI
• i t t i • t t • • •
i.i.-The east aide of Algona Street
from Campus Lane to Grace Street."
Section 2. That Schedule VI of Or-
dinance No. 33-99, known as the
Traffic Code, be and the same is
hereby amended by adding a new
section 56 thereto as follows:
"SCHEDULH VI
i • • • t • • • • t t
56. The north aide of Foye Street
from Seminary Street to Napier
Street."
Section 3. That Section 2 of Sched-
ule IV of Ordinance No, 33-49, known
as the Traffic Code, be amended by
adding a new sub-section a.a. there-
to as follows:
'SCHEDULE IV
2 a.a. The east side of Algona
Street from Campus Lane to Univer-
sity.,'
Section 4. This Ordinance shay be
In full force and effect from and
after its final passage, adoption and
publication as by ]aw provided.
Introduced this 20th day of .t„t„_
~~
ik
Special Session, July 20th, 1954 459
July 10, 1954
Dubuque City Council ~
City Hall
Dwbuque, Iowa
To the Honorable Mayor and
Members of the City Council
Gentlemen:
We are enclosing for your rec-
ord acopy of the Budget of the
City Assessor's Office for the year
1955, which was accepted 'and ap-
proved by the three taxing bodies
at a meeting held'at the City Hall
on July 8, 1954.
Yours truly,
Harry J. Hanover
City Assessor
Councilman Kolb moved that the
communication of City Assessor
$anover be received and made a
matter of record and the copy of
the Budgot placed on file. Second-
ed by Councilman Welu. Carried
I,., rho following vote:
Mayor Schueller, Coun-
Istin, Kintzinger, Kolb,
lane.
OF CITY ASSESSOR
July 8, 1954
Jity Council
Iowa
aorable Mayor and
>f the City Council:
t:
to your letter of July 7,
ring to property on Kauf-
described as "Lot 2 of 1
echanic's Addition", as-
Walter J. Hefner, we
~ected the property arid
d it to be a steep, rocky
essiblc from the rear and
from the front only by a
ht of stone steps set into
tf the hill.
lr opinion that the prop-
little value to the owner,
sole or saleable, and we
red a valuation of $50.00
t.
Respectfully yours,
Harry J. Hanover
City Assessor
,man Austin moved that
nunication and report of
~ssor Hanover be placed
for consideration at tike
the final assessment for
Ivement of Kaufman Ave-
I Abe levied. Seconded by
Councilman Kintainger. Carried by
the fallowing vote:
Yeas -Mayor Schueller, Coun••
cilmen Austin, Kntzinger, Kolb,
Wells.
Nays-None.
July 12, 1954
Hon. Mayor and Members
of the City Council,
Dubuque, Iowa
Gentlemen:
The claim of Dr. Anthony C.
Pfahl for damages to his car and
cla'thing when tar was accidently
sprayed on hts car and person by
the City maintenance truck on
June 30th, 1954, has 'been investi-
gated and I find the facts swb-
stantially as represented by the
claimant and recommend that the
claim be allowed and the Auditor
instructed to issue a warrant pay-
able to Anthony C, Pfohl in the
amount of $23.75 and deliver the
same to him upon receipt of a
properly executed release.
Yours very truly,
T. H. Nelson
Councilman Kintzinger moved
that the recammendatiion of City
Solicitor Nelson .be approved and
the ~Gity Auditor instructed to draw
a warrant in the amount of $23.75,
as settlement in full of his claim,
and -that said warrant be delivered
upon receipt by the City of Du-
buque of a properly executed re-
lease. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas -Mayor Sohueller, Coun-
ciPmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
July 20, 1954
Honorable Mayor and Members
of the City Council of the
Gity of Dwbuque, Iowa
Gentlerrrien:
On June 11, 1954, two claims
were filed against the City of Du-
~buque by Mrs. Betty Sappe and
Leon Sappe. The claim filed by
Mrs. Betty Sappe was for damages
alleged to have been sustained by
her in the sum of $6.00 represent-
ing tmving charges occasioned
when her automebile was towed
out of a hole in front of her resi-
dence at 1652 Fairfax Avenue.
The claim of Leon Sappe was
.for damages sustained on the same
date to the automobile in the sum
i
4fi0 Special Session, July 20th, 1954
of $14.28. Both claims were re-
ferred to this office for investiga-
lion sand resort.
Pt appears from an investigation
by this office that both claims arose
out of the same circurnstances.
Fairfax Avenue is an unimproved
street and further investigation
disclosed that no negligence exist
ed upon the part of the City of
Dubuque which would render it
liable in damages to either of
these claimants.
It is, therefore, respectfully rea
omr~nded that bath of these
claims be denied.
Respectfully submitted,
R. M. CZIZEK,
Assistant City Solicitor
Councilman Kintzinger moved
that the recommendation of As-
sistant City Solicitor Czizek be ap•
proved, Seconded by Councilman
Austin. Carried Jay the following
vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Wela.
Nays-None.
July 20, 1954
Honorable Mayor and Members
of the City Council of the
City of Dubuque, Iowa
Gentlemen:
On June 28, 1954, a claim was
filed against the City of Dubuque
~by William R. Hallahan for dam-
ages sustained by him when his
car struck sume reinforcing rods
on the curb opposite 840 Kane
Street.
Said claim was referred ~to this
office for investigation and report.
After due investigation, it appears
that the Ciby of Dubuque was guil-
ty of no negligence which would
render it liable in damages to the
claimant, It is, therefore, respect•
fully recommended that said claim
be denied.
Respectfully submitted,
R. M, CZIZEK,
Assistant City Solicitor
Councilman Austin moved that
the recommendation of Assistant
City Solicitor Czizek 'be approved.
Seconded by Councilman Kolb. Car•
ried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Korb,
Welu.
Nays--None.
July 20, 1954
Honorable Mayor and Members
of ,the City Council of the
City of Dubuque, Kowa
Gentlemen:
0n May 21, 1954, a claim far
damiages in the sum of $21,07 was
filed against the City of Dubuque
Eby Herbert H. Kisting. Said dam•
ages occurred when claimant struck
asand-filled trench at the corner
of Cox and Loras.
Said claim was referred to this
office for ~investigatian and report.
After due investigatiion, it was de-
termined that Conlon Construction
Company was the contractor re-
sponsi6le far said excavation Con-
lon Construction Company has
been advised of the claim Pending
against the City and claimant h'as
•been likewise advised of such ref-
erence,
In view of the position of the
contractor in this instance, it is
the opinion of this office that no
negligence upon the part of the
City existed which would render
it liable to the claimant for d'am-
ages. It is, therefore, respectfully
recommended that said claim be
denied.
Respectfully submitted,
R. M. CZIZEK,
Assistant City Solicitor
Councilman Kolb moved Chat the
recommendation of Assistant City
Solicitor Czizek be approved. Sea
coded by Councilman Kintzinger.
Carried by the following vale:
Yeas -Mayor Schueller, Coun-
cilmen AuStm, Kintzinger, Ka1'b,
Welu.
Nays-None.
July 20, 1954
Honorable Mayor and Members
of the City Council of the
City of Dubuque, Iowa
Gentlemen:
On June 28, 1954, a claim was
filed against the City of Dubuque
by Howard B. Adams for damages
sustained Eby him in the sum of
$100.00 because of surface water
running on his property, The claim
was referred to this office for in-
vesfigation and report.
After due investigation, it ap-
pears that no negligence exis#ed
upon the part of the City of Du-
buque which would render it lia-
ble to the claimant in damages. It
is, therefore, respectfully recom-
tr:
,;,
~`
}i:
f'.
,;
~, W
r
Special Session, July 20th, 1954 461
mended that said claim be denied.
Said claim was referred to the
Schueller Construction Company
insurance carrier for their further
consideration.
Respectfully submitted,
R. M. CZIZF.K,
Assistant City Solicitor
Counalman Austin moved that
the recommendation of Assistant
City Solicitor Czizek be approved.
Seconded by Councilman Welu.
Carried by the following vote;
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
July 20, 1954
Honorable Mayor and Members
of Ube City Council of the
City of 'Dubuque, Iowa
Gentlemen:
On May 11, 1954, a claim was
filed with the City Clerk of the
City of Dubuque by LeRoy Metz.
Said claim was far damages in the
sum of $5.82 which were claimed
to have been sustained by the
claimant when he struck a hole on
the River Front Road oppaslte the
Anchor Inn.
Said claim was referred to this
office for investigation and report.
After due investigation, it appears
that the City of Dubuque was guil•
ty of no negligence w0<ich would
render it liable in damages to the
claimant. R is, therefore, respect•
fully recommended that said claim
be denied.
Respectfully submitted,
R. M, CZIZEK,
Assistant City Solicitor
Councilman Kintzinger moved
that the rec~.....~endatian of As-
sistant City Solicitor Czizek Abe ap-
proved. Seconded by Councilman
Welu. Carried my Che following
vale:
Yeas -Mayor Schueller, Coun•
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
July 20, 1954
Honorable Mayor and Members
of the City Council of the
City of Dulbuque, Iowa
Gentlemen:
On June 5, 1954 a claim against
the City of Dubuque was filed by
Harlan F. Lotbl. Said claim was in
the amount of $21.00 and was oc-
casioned when claimant struck a
hole, about three to four feet in
diameter, at the corner of Del6ti
and Grandview.
Said claim was referred to this
office for investigation and re^
port. After due investigation, it
was determined that a hole dfd
exist in the street and claimant
sustained the damages .,,...,,lamed
of. It further appears that said
claim is a just claim and should be
allowed.
It is, therefore, respectfully rec•
ommended that said claim be al-
lowed by your honorable body and
that the Auditor be instructed to
draw a warrant in favor of Har-
lan F. Laibl in the sum of $21.00
to be delivered to him upon the
execution of a proper release.
Respectfully submitted,
R. M. CZIZEK,
Assistant City Solicitor
Councilman Welu moved that
the recommendation of Assistant
City Solicitor Czizek be approved
and the City Auditor instructed
to draw a warrant in the amount
of $21.00 in favor of Harlan F.
Lovbl, as settlement in full of his
claim, and that said warrant be
delivered upon receipt by the City
of Dubuque of a properly executed
release. Seconded 'by Counalman
Kintzinger. Carried by the follow-
ing vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, KoZ,b,
Welu.
Nays-None.
July 20, 1954
Honorable Mayor and Members
of the City Council of the
City of Dubuque, Ianva
Gentlemen:
On June 4, 1954, Robert Welu
filed a claim for damages in the
sum of $20.00 against the City of
Dubuque. Said claim for damages
was occasioned when claimant fell
on the sidewalk on the southwest
corner of Fifteenth and Locust
Streets. Said claim was referred to
this office for investigation and
report.
After due investigation, it was
determined that a black of side•
walk had heaved up sand created
a hazardous condition on the walk,
It is, therefore, the opinion of
this office that this claim is a jus-
tified claim and that the same
should be paid.
.: °~~II~
462 Special Session, July 20th, 1954
It is, accnraingly, respectfully
recommended that the Auditor be
instructed to draw a warrant in
favor of Robert Welu in the sum
of $20.00 to be delivered to him
upon the execution of the proper
release.
Respectfully submitted,
ROBERT M. CZIZEK,
Assistant City .Solicitor
Councilman Austin moved that
the recommendation of Assistant
City Solicitor Czizek be approved
and the City Auditor instructed to
draw a warrant in the amount of
$20.00 in favor of Robert Welu, as
settlement in full of his 'claim, and
that said warrant be delivered up-
on receipt ~by the City of Dubuque
- a properly executed release.
corded fby Councllman Kolb, Car-
d by the following vote:
Yeas -Mayor ;Schueller, Coun-
men Austin, Kintzinger, Kolb,
:lu.
Kays-None,
July 13, 1954
the Honorable Mayor
d Ci1ty Council,
~buque, Powa
nt'lemen:
Phe Chief of Police, Hugh Cal-
lan, has requested permission
im me to attend the Annual
nference of the International As-
;iation of Chiefs bf Police to •be
]d in New Orleans, Sep'temlber
througRi the 30.
[recommend that the Chied of
lice be authorized to attend ttas
Feting and his expenses fo be
id by the city.
Respectfully submitted:
L. J. SCHILTZ,
City Manager
Auncilman Austin moved that
recommendation of City Man-
g Schiltz be approved. Seconded
Councilman Kintzinger. Carried
the following vote:
i'eas - 'Mayor Schueller, Cbun-
nen Austin, Kintzinger, Kalb,
Flu.
Jays-Nerve,
July 17, 1954
the Honorable Mayor
1 City Council,
buque, Iowa
ltlemen:
herewith submit reports of the
y Auditor, City Treasurer, City
slbh Department and City Water
irks for the month of June, as
~w~aa~._. ~ra+ors,M°draw'{'~~t~~?'it~+'f0.T'~rae.~.. ~~.~a~r~.~ ~ ~,~io~ ~~.p,} 1.~.
well as list of claims and list df
payrolls for which warrants were
issued for the month of June 1954.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kolb moved that ithe
reports be received and placed on
file. Seconded by Councilman Aus-
tin. Carried by the following vale:
Yeas -Mayor Sc'hueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
July 20, 1954
1b the Honorable Mayor
'and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise that I have ap-
proved the fallowing bonds and de-
sire do have your approval of same
for filing, subject to the approval
of the City Solicitor:
SIDEWALK BOND
James G. Becker, Western Surety
Company
HEATING CONTRACTOR'S BONDS
Burkart Fuel Company, American
Surety ~Campany
Alex Bodis'h & Son, Standard Acci-
dent Insurance Company
Hirl and Jannsen, Western Surety
Company
Lindhan and Molo, Inc., United
States Fidelity & Guaranty Co.
Fred Schoenthal d/'b/a, Wean Heat-
ing Sales, Maryland Casualty
Company
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Austin moved that
the Bonds be placed on fIle sub-
ject to the approval of the City
Solicitor. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas -Mayor 5chueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu,
Nays-None.
July 20, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of E. J. Lehman and
others requesting the installation
of street lights on Kane Street was
referred to the City Manager and
Electrical Inspector for investiga-
tion and report.
Special Session, July 20th, 1954 463
Upon investigation of the street
light condition on Kane Street and
in view of the fact that many new
~ homes have been constructed Malang
this street and the street is raw
in the process of being improved, ft
is my recommendation that seven
street lights be jnstalled on Kane
Street located approximately as fol-
lows:
1. A light on the 2nd pale from
Kaufman Avenue.
2, One on the 3rd pole from the
existing light on Kaufman,
3, Two lights between Primrose
and the first light west of Prim•
rose..
4. Three lights from the last ex-
isting light to the end of the street.
Respectfully submitted:
L. J. 9CHILTZ,
~' City 'M'anager
9 +~ Councilman Kolb moved that the
recommendation of City Manager
Schutz Abe approved. Seconded iby
Councilman Austin Carried by the
I~, ~ following vote:
Yeas -Mayor Schueller, Ceun•
cilmen Austin, Kintzinger, Kolb,
Welu,
Nays--None.
July 20, 1954
To the Honorable Mayor
and City'Council,
Dubuque, Iowa
'`f Gentlemen:
The Civil Defense Administra-
M` `~ lion has approved the application
,,- of the City of Dubuque for the in-
stallation of a warning system.
This application provides that
:~ ' the city contributes $5,263.00 and
the government will provide
$5,263.00 for the purchase and in-
stalling of sirens located at stra•
logic points about the city.
I recommend that authorization
be given the City Manager to ad-
vertise for bids ~bo purchase the
necessary equipment; payment for
' ` ~ such equipment to 'be made out of
` the 1955 budget.
`" Respectfully submitted,
~ L. J, SCHILTZ,
City Manager
Councilman Korb moved that the
recommendation of City Manager
Schiltz ice approved. Seconded Eby
Councilman Kintzinger. Carried by
the following vote:
~ Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kelb,
Welu.
Nays-None.
July 20, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
According to the master plan for
the city and the traveled widths of
streets approved by the Planning
and Zarung Commission 'a thor-
oughfare, 38 feet wide, ;has been
established from U. S. No. 20 ever
Devon Drive, Mineral Street and
Gilliam Street to University Ave•
rue.
Mineral Street from Devon Drive
.to Gilliam Street was incorrectly
planned fora 30 foot street and
I recommend that the traveled
width 'be changed to 36 feet.
This change will not increase
the assessment for curb and gutter
and I recommend that the addition-
al six feet street surfacing be paid
from the street fund.
Respectffully submitted,
L. J. SCHILTZ,
City Manager
Councilman Austin moved that
the recommendation of City Man-
ager Schlltz 'be approved, Second-
ed by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kalb,
Welu.
Nays-None.
RESOLUTION N0. 255.54
Whereas on March 25th, 1954 the
City Council of the City of Dubuque
adapted Resolution No, 92.54, ap-
~proving plans far the improvement
of Mineral Street with curb and
gutter, which plans provided for
a travelled way 30 feet in width;
and
Whereas the City Manager has
recommended that said plans be
changed to provide for a travelled
way 36 foot in width to conform
with connecting streets, which
change can be effected without in•
creasing the cost of the work;
New Therefore Be It Resolved
By The City Council of the City
of Dubuque that the ;plans for said
improvement, as the same were ap-
proved by said Resolution No. 92-
54, and the same are lere'by amend-
ed to provide for a travelled way
36 feet in width.
464 Special Session, July 20th, 1954
Passed, adopted and approved
bhis 20th day of July, 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 Austin moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried by
the following vote:
Xeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
RESOLUTION N0. 456.54
Whoreas on April 5th, 1954 the
City Council of the City of Dubuque
adapted Resolution No. 129.54, ap-
proving plans'for the improvement
of Mineral Street Eby surfacing the
same with asphaltic macadam sur-
facing which plans provided for a
travelled way 30 feet in width; and
Whereas bhe City Manager has
recommended that said plans Abe
changed to provide fox a travelled
way 36 feet in width to conform
with the connecting streets and
has further recommended that the
Lost of surfacing said additional
six feet in,width'be paid fmm the
Street Fund;
Now Therefore Be It Resolved
By The City Council Of The City
Of 'Dubuque that bhe plans for
said improvement as the same were
approved by Resolu4on No. 129.54,
Abe and the same are hereby amend-
ed to provide for a travelled way
36 feet in width and that the cast
of surfacing said additional six
feet in width be paid from the
Street Fund and not included in
bhe cost assessed against abutting
ar adjacent property owners.
Passed, adopted and approved
this 20th day of July, 1954,
LEO N. SCIIt1ELLk7I1
Mayor
CLARENC>•, P. WELU
RAY F, KOLB
RIbBEN V. AUSTIN
CHARLES A. KINTZIIVGER
Councilmen
Attest: J. J, SHEA,
City Clerk
Councilman Austin moved the
adoption of the resolution Second-
r9^d ~°a 9r:p ^w~r~n.g*yF,1.; rs-piR lr!6~"!`":b'~d.., .. ,
ed'by Councilman Welu. Carried by
the following vote:
Yeas --- Mayan SChueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu,
Nays--None.
July 20, 1954
To bhe Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
'Special assessments will be lev-
ied on property awned by David Ja•
cobsan for improvement on South-
ern Avenue and Indian Ridge. Font
of this property is being subdivid-
ed and would necessthate reassess-
ing the property according to the
new subdivision,
Tn order to avoid this reassess
meat, Mr. David Jacobson has
agreed to pay for the spatial as•
sessment according to the original
schedule of assessments for South-
ern Avenue and Indian Ridge,
I recommettd that the communi-
cation of Mr. Jacobson ~be made a
matter of record.
Respectfully sulbmitted:
L. J. SCHILTZ,
City Manager
Councilman Austin moved that
the recommendation of City Man-
ager Schiltz be approved. Second-
ed by Councilman Kolb, Carried by
the following vote:
Yeas -Mayor SChueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Wolu.
Nays~None.
July 20, 1954
Mr. Laverne Sohiltz
City Manage
City
Gentlemen:
I agree to pay special as~es~-
ments #or Southern Avenue and
Indian Ridge against my property
as on the schedule of assessment
for these pmje~s.
Yours very ,truly,
Jacobson Steel & Iron Co.
David S. Jacobson
July 20, 1954
To the Honorable Mayor
and City Council,
Gentlemen;
bn submitting the ~bud~get for the
year 1955 and recommending a tax
increase, I want to explain In de-
tail what expenditures are includ-
ed to make the increase, and for
Special Session, July 20th, 1954 46S
''„ your decision as to their justifica-
tion,
The total amount of increase nec•
- essary to be raised from taxes is
- $129,500.00 and of bhis amount
° approximately $33,000.00 is from
$, the increase in valuation due to
new Can:struCtion,
Considering the total budget ex-
penditures, there is an increase of
$343,379.00 which includes an item
' for the sewage disposal plant of
~ $275,000,00 which is not paid from
tax income. Deducting this item
there is an increase of $78,379.00 in
the Budget. The increase is due
to a $10,00 per month general in-
crease in wage and salaries, the ad•
,, dition of three policemen to the
~ pollee farce, a Dock Commission
~.
~.^. increase in budget for dredging the
Lake Peosta Channel, and a de•
crease in unencumbered balances
t '' as of December 31, 1954.
In preparing the budget for 1955
which is effective on January 1,
1F 1956, it is necessary to estimate
the balances in the various funds
~,' ! as of December 31, 1954. These es-
timated balances are considerably
~ Power this year especially in the
~ y street fund because of the street
program. This year in addition to
the special assessments paid for
improvements, the city will expend
° approximately $60,000.00 for the
~~~ city expense an those streets being
improved,
'' ~ The General Fund expenditures
~ have been increased $5,269,00 and
~
-
x bhe tax revenue increased $1,091.00.
n;
` The increases are due to one addi-
tional inspector in the Building
. ;'
i Department and far a planning en-
y
~ gineer to 'be on a permanent basis
instead of a consulting basis. There
are decreases in caphtal improve-
ments and city election expenses
~' to offset the increase except for
$1,091.00.
The street fund expenditure has
been decreased $100,360.00 due to
a decrease of $100,000.00 for
bridge construction, however, there
is a tax revenue increase of
t
t $31,145.00. This increase is due to
the balance unexpended December
~ 31, 1954, and will be $5,000.00,
_ when lash year it was 5135,000,00.
` Public Safety expenditures show
' a tax revenue increase of $59,290.00
i' because of the addition of three
police officers, a civil defense ap-
propriation for a warning system,
an increase for the fire equip-
ment fund to be used for new
equipment purchase in 1956, for
salary increases, additional vehi-
cles for the police department and.
for increased expense far repairs
to Engine House No. 3 and No. 5.
The sanitation fund has 'been
increased $272,293.00. This in-
crease is due to the inclusion of
the sewage disposal plant opera-
tion which does not effect taxes as
the revenue comes from sewer ren-
tal charges. There is a tax revenue
increase due tc an item of levee
maintenance of $2,000.DO.
The municipal enterprise fund
includes the Library, Dock and
Airport budgets, The increase in
tax revenue is $15,706.00 and due
to the Dock Commission budget
for dredge operation on Lake Peas•
to Channel. This increase will pro-
vide for two shift operation of the
dredge, The asking of the Dock
Commission was reduced $3,000.00
and that of the Airport Commis•
lion $2,000.00,
The recreation fund budget has
been decreased an amount neces•
sary to pay the peincipal aid inter-
est on swimming pool bonds.
The utilities fund items for
street lighting has been increased
$2,000.00 for additional street
lights authorized. The water works
revenue is not from tax sources
and has no bearing on the tax
rate.
Debt service has been increased
$30,(100.00 to pay interest and prin-
cipal nn outstanding bonds.
City Assessment expense has
been increased by $10,000,00 to
pay for the city's share of reas-
sessment.
Trust and Agency funds have
been increased $10,000.00 to pay
for the city's share of employee
pension funds.
The budget has been carefully
prepared, keeping in mind to hold
the total expenditures in tine with
this years budget, however with a
decrease in taxes during 1944, we
do not have the balances avail-
able in the various funds to offset
a tax increase, The services de•
mantled of the city are Increasing,
and it is only through careful
planning and efficient operation
that we can operate on the budget
466 Special Session, July 20th, 1954
presented. The per capita tax
rate of $33.50 is not out of line
with the national average of cities
of like size, with additional serv-
ices provided.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Austin moved that
the recommendation of City Man-
ager Schiltz, as presented, be ap-
proved. Seconded !hy Councilman
Kolb. Carried by the following
vote:
Yeas -MayorSchueller, Coun-
cilmen Austin, I{intzinger, Kolb,
Welu.
Nays-None.
July 18 1954
sions of the law, I have prepared
an annual budget far the fiscal
year beginning January 1, 1955,
and ending December 31, 1955
based upon the estimated income
and expense of the various depart-
ments in the City of Dubuque.
Respectfully submitted,
L. J. SGHILTZ,
City Manager
Councilman Welu moved that
the communication of City Manag-
er Schiltz be received and made a
matter of record. Seconded by
Councilman Austin. Carried by the
following vote:
To the Honorable Mayor Yeas - Mayor Schueller, Coun-
and City Council, cilmen Austin, Kintzinger, Kolb,
Dubuque, Iowa Welu.
Gentlemen:
In accordance with the provi- Nays-None.
d~,x,rc,~' ]~9TI9CATB AND RIDCORIS ur' rrtYdN(1
City Eetlmate
NOTICE: The Clty Connan of Dnbu~ytgue of Dubuque County, IoWS, wlY
mTatxpAay~ereWllyl be4~eatrd for or a8ainet the$o~~Tim~~Cl~ gau,~-
ecelptaoreadediebureemcnta, both ~t ends nticlpatd !will bet avafltabb
at the hearing.
1!. 7-Yl J. J. SHIDA
City Clerk
1 f .
IDzpenditnrea 1br
Year ff
For Year For Year ~ u ~ ~ ° i
1969 1968 ~ G y q 6~ i i i ~~ ,~t•
8S ~pP ro 6 ~ OHS Z9a,.
General „~ 388,888.981 807,864.10 287,117.60 a0,000,q. 79,800,00 197,617.80
Street ...... 89,911.26 886,676.96 197,781.00 6,000.00 9,460.00 181,811.00
Public
San~lta~ 60f,800.88 661,488.86 N6,ad6.00 !0,000,00 71,474.00 646,780.00
tion ...... 116,aE8.48 S8E,60a.0a 616,670.00 996,460,00 196,190.00
~i'prlee 190,489.68 140,d9e.78 118,696,00 17,448.00 47,800.00 161,860.00
Rea~ea- iip
IItilitiee~~~ {84889,80 l49,644.t8 441,420.00 60,000.00 887,42000 164,000.00
Debt eer- I
T~ ~ 44,611.94 61,eea.6o s9,aaa6o 9a,1ea.4o
A8'eaoy 9f,416.6E 96,667.41 189,000.00 18,000.00 8,811.10 144,687,40
Emer-
~~~ 8,600.00
iJa Tax 176,000.00 176,000.00
Li nor
6!,966.89 66,000.00 4T,000.00~ 4T,000.dI
PM~g 14,916.80 49,486,11 191,400.00 {1,600,00 80,000.00
Lot) ....,.
Street
cl"~ti~nad. 160.00 1/0.00
meet Ah[. 9,206.8E 10,170.88 19,600,00 !E, .00
Tatale 8,848,674.84 Y,610.1fb.46 8108,444.80 181948.001,171,014.601,706 884,10
Eettmated Taxes per al,l ObAO of a beeeeb value .................i88.8
Taxable valuation (1969) ..... ....................................„......,....660,!01.869
Moneys Gad oredlL (186f) „„ „........,..,_„... 19,169,06E
1t. 1-91
RESOLUTION N0.251.54 submitted a budget estimate as
Whereas, The City Manager has provided in Chapter 24 of the 1950
w_ _ _ _ .-. _ .. .._w_...~~ .~~,
~"
+,
Yh
~ A
~~;
,~ {~
:~
~r
1 -
M`
~,
Special Session, July 20th, 1954 467
Code of Iowa and the City Council
had duly considered and caused to
'be prepared the budget estimate
of expenditures for the fiscal year
beginning January 1, 1955 and end-
ing December 31, 1955, as a basis
for the tax levy for the year 1954,
the same to be collected in the
year 1955, and said budget having
been duly approved by it;
Now, Therefore, Be It Resolved
by fhe City Council of the City of
Dubuque that said budget esti•
mate be and the same is hereby
ordered filed in the office of the
Clerk of Dubuque and the date of
public hearing thereon is hereby
fixed as the 2nd day of August,
1954 at 7:30 o'clock p.m. in the
Council Chamber in the City Hall.
Be It Further Resolved that said
Clerk be and he is 'hereby directed
to cause said budget estimate of
expenditures to 'be published in
the official newspaper of the City
of Dubuque and an official notice
to be given of the time and place,
when and where said budget esti-
mate will be considered by said
Council for final adoption, at
which time and place taxpayers
will be heard for and against said
estimate, said publication to be not
less than ten (10) days before said
date of hearing.
Passed, adopted and approved
this 20th day of July, 1954.
LEO N, SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KIlVTZINGER
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. 258.54
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 a per-
mit 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
John J. Glynn, 1048 Central Ave.
George & Helen Lanser, 2108 Cen-
tral Ave.
John E. Swan, 2403 Central Ave.
Be It Furthel Resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 20th day of July 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. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
RESOLUTION N0. 259.54
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
following 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
John J. Glynn, 1048 Central Ave.
Rosemary Hird, River Front, Eagle
Point
Justin L. Johanningmeier, 1879
Central Ave.
George & Helen Lasser, 2108 Cen-
tral Ave.
Donald C. Moss, 898 Central Ave.
John E. Swan, 2403 Central Ave.
~,. , , ~ ,6161 IO
`,
469 Special Session, July 20th, 1954
Passed, adopted and approved
this 20th day of July, 1Drr4~
LEO N. SCHUE[d..ER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest;
J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoptlon bf the resolution. Second•
ed by Councilman Welu. Carried
by the following vote:
Yeas Mayor Schueller, Coun-
oilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
RESOLUTION NO. 26aS4
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 promises 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
John J. Glynn, 1046 Central Ave.
RASemary Hird, River Front, Eagle
Point
Justin L. Johanningmeier, 1879
Central Ave.
Geroge & Helen Lanser, 210 Cen-
tral Ave,
Donald C, Moes, 898 Central Ave.
John E. Swan, 2403 Central Ave.
Be It Further Resolved that the
bonds filed by such applicants Abe
and the same are hereby approved.
Passed, adopted and approved
this 20th day of July, 1954.
LEO N. SCHUELLER
Mayor
CLARENCE P. WN7LU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KllVTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Welu moved the
tea, ,. ,
adoption of the resolution, Second-
ed by Councilman Kotb. Carried
by the following vote:
Yeas -Mayor Schueller, Caun-
oilmen Austin, Tfinttinger, Kalb,
Welu.
Nays-None.
RESOLUTION N0. 261.54
Whereas, s plat has been filed
by David S. Jacobson and Evelyn
Jacobson in which Lot 1 of Lot 1
of Lat 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot "B" of the
Subdivision of Lot 1 of Lot 1 of Lot
1 of Mineral Lot 24, and Lot 2 of
Lot2ofLotlofLotlofLotlof
Lat 1 of Lot "B" of the Subdivision
of Lot 1 of Lot 1 of Lot 1 of Min•
eral Lot 24, in the City of l)u•
buque, 'lows, is swbdivided and
platted as "Jacobson Heights' ; and
Whereas, said plat has been du-
ly examined, investigated and ap•
proved by the Planning and Zon-
ing Commission of the City of Du-
buque, and
Whereas, the owners have upon
said plat dedicated Mayfair Court
to the public; and
Whereas, the City Council has
examined said plat and has been
fully advised in the matter, finds
that said plat confbrms to the City
ordinances relating thereto; and
Whereas, the City Council fur-
ther finds that the dedication of
Mayfair Court should be accepted
and confirmed and that said plat
should be approved; and
Whereas, Mayfair Court is an un-
improved new street and the Coun-
cil is of the Oplnlon that said street
should be improved by placing 8
inch concrete pavement with in-
tegral curb, storm sewers with
12" C.I. Pipe, Headwall and Light_
ing; and
Whereas, the Engineer's esti•
mated cost for said Improvement
is as follows:
Concrete Pavement ,....... ....$8,875.00
Excavation & Grading .. .... 450.00
Concrete Head Wall ..... .... 200.00
Concrete Catch Basing
Type C ........................... ... 200.00
12" Cast Iron Pipe ...._.. ... 187.00
Lightittg ........................... .... 600.18
Estimated Total Cost ....$8,512.]8
Special Session, July 20th, 1954 469
1" And, Whereas, it is the opinion
of the City Council that said im-
provements should be made on or
before August 1,1955, that the plat
filed herein be approved upon
David S. Jacobson and Evelyn Ja-
cobson filing with the City Clerk
a surety company bond in the sum
of $8,512.18 which 'bond must ~be
approved by City Council, said
bond to insure the construction
and completion of the improve-
ments on or before August 1, 1955,
and said bond to provide far com-
pliance with the provisions of Ordi-
~`. nonce No, 23.45, the subdivision
ordinance of the City of Dubuque,
and especially Section N thereof.
Now Therefore, Be It Resolved
by the City Council of the City of
Dubuque:
Section 1. That the dedication of
? ~' Mayfair Court upon the plat of Ja-
cobson Heights be and the same
are hereby accepted for the pur•
pose of which they are thus dedi-
Gated.
Section 2. That tike plat of Lot
1 of Lot 1 of Lot 1 of Lot 1 of Lot 1
a of Lot 1 of Lot 1 of Lot 1 of Lot
"B" of the Subdivision of Lot 1 of
' Lot 1 of Lat 1 of Mineral Lot 24,
and Lot 2 of Lot 2 of Lot 1 of Lot
1 of Lat 1 of Lot 1 of Lot "B" of
a the Subdivision of Lot 1 of Lot 1
of Lot 1 of Mineral Lot 24, in the
4 ` City of Dubuque, Iowa, which will
hereafter be known as Jacobson
Heights containing Lots 1 to 9
inclusive be and the same is here-
• by approved and the Mayor and
Clerk are hereby directed to en-
dorse the approval of the City of
Dubuque upon said plat provided:
t'' That David S, Jacobson and Ev-
j elyn Jacobson sign the written ac-
Passed, adopted and approved
this 20th day of July, 1954.
LE4 N, 5CliIJELi,ER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. K]IVTZINGER
Councilmen
Attest:
J. J. SHEA,
City Clerk
ACCEPTANCE OF
RESOLUTION N0. 261.54
David S. Jacobson and Evelyn
Jacobson with full knowledge and
understanding of all the terms and
conditions of Resolution No. 261.54
hereby accept the same as adopted
and agree to abide by, comply with
and carry cut all the terms and
conditions thereof.
Executed this 24th day of July,
1954.
David S. Jacobson
)+avelyn Jacobson
Councilman Austin moved the
adoption of the resolution. Sec-
onded by Councilman Kolb. Car-
tied by the following vote:
Yeas -• Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Performance Bond of David S.
Jacobson and Evelyn Jacobson in
the amount of $8;512.16 with re•
Bard to improvement of Jacobson
Heights Subdivision in accordance
with Resolution No. 261.54, pre-
sented and read. Councilman Aus-
tin moved that the Band be ap-
proved and placed on file. Second-
ed by Councilman Kolb. Carried
by the following vote;
Yeas --~ Mayor Schueller, Coun-
cilmen Austin, Kiatzinger, Kolb,
Welu, ,,,___
470 Special Session, July 20th, 1954
ceive an increase in rates from 4c
minimum to $1.30 maximum a
month. Likewise in reclassifying
the commercial water-'heating cus-
tomers, 414 will be raised a mini-
mum of 12c to a maximum $2.94
per month.
I am attaching a copy of the or-
dinance fixing the rates for the
furnishing of gas for the City of
Dubuque.
Respectfully submitted:
L. J. SGHILTZ,
City Manager
A lengthy discussion was held,
between members of the City
Council, Representatives of The
Key Gas Company, Mr. Roland
White, representing the Dubuque
Trades and Labor Congress and
Mr. A. C. Piffner of 395 Kaufman
Avenue and Mr. Eugene Lang,
relative to the new proposed gas
rates. Council recessed at 10;40
P.M, and reconvened at 10:55 P.M.
Councilman Austin moved that
the communication of City Manag•
er Schiltz be received and filed
and the report of Mr. Eugene Lang
be placed on file. Seconded 'by
Councilman Kintzinger. Carried by
the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
ORDINANCE N0. 51.54
An ordinnace fixing and estab-
lishing rates to be charged for
the furnishing of gas for residen-
tial, commercial, and firm idus•
trial purposes within the City of
Tl,ihnnnn Tn,,,°. C;..;,,n ,,...1 ......,.~,.~
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Ordinance No. 51.54.
An ordinance fixing and establish-
ing rates to be charged Por the
furnishing bf gas for residential, com-
mercial, and firm industrial purposes
within the City of Dubuque, Iowa;
fixing and regulating the method of
service thereof; repealing Ordinance
No. 32-54, and all Ordinances and
Resolutions in conflict herewith.
Be It Ordained by the City Coun-
cil of Dubuque, Iowa:
Section 1 Definitions:
(a) Industrial User: For the pur_
poses of this ordinance an "industrial
user's shall mean any consumer who
uses gas heat in processing any arti-
cle for sale.
(h) Genera] House Heating: For the
purposes of this ordinance gas shall
be considered used for general house
heating when gas Is the principle
source of heat energy for the premises
occupied. by the consumer.
(c) Company: As used herein the
word "Company" shall mean any per-
son, firm or corporation holding a
franchise to operate a gas distribu-
tion system in the City of Du-
buque.
(d) B.T.U.: One B.T.U is the heat
required to raise one pound of water
one degree Fahrenheit.
Section 2 Rate Schedule. Com-
mencing with al] meter readings on
and after the date oY service of na-
tural gas as set out in the notice
provided for in Section 11 hereof, the
rates to be charged for gas for
residential, commercial, and firm in-
dustrial purposes by any person, firm
or corporation supplying gas within
the City of Dubuque, except as herein
otherwise provided, shall be fixed
and determined as follows:
SCHEDULE 1
General Service
Availability: Th[a rate is available
for genera] service to all residential
and commercial users of gas except
those using gas for general house
heating.
Rate:
500 cu, ft, or less per meter
per month ........_ .................. Net $1.71
First 1000 cu. ft. per meter
Special Session, July 20th, 1954 471
Next 50000 cu. it. per meter
.r per month per MCF ........ Net $ .70
f. Ap in excess of 100,000 cu.
ft. per meter per month
per 11ICF .................................. Net $ 65
Minimum monthly charge.... $1.71
_.- ~, per meter
l
ti
d
a
o
a
Regu
Customers desiring general house
heating service shall first ascertain
from the person, firm or corporation
supplying gas, if such service is
available at the desired location and
then shall install only approved gas
burning apparatus in compliance with
the supplier's safety requirements,
' and applicable city ordinances.
pt' SCHEDULE 3
Residential, Commercial & Firm
Industrial
Applicable: To consumers contract-
. ing to purchase for a period of one
u
~
l
l
a
n
gh
ied thro
su
pp
be
oP gas to
month
one metering installation at a single
point of delivery.
Optional Contract Rate:
let Block-First 100,000 cu. ft. ar irac-
lion thereof per mo. $75.25 Net
2nd Block-Balance of cu. ft. per mo.
p $.65 per 1,000 cu. ft.
2nd Block Discount: Discount of 15c
per 1,000 eu. ft. on that amount of
gas in the second block which the
customer's use averages for the
three months of June, July, and
August, which said amount of gas
shall be known as the discount
volume. The discount volume thus
established in each year shall be-
come effective in October of that
year and remain in effect for 12
consecutive months.
Minimum Bill-$75.25 per month net.
Term of Contract-1 year. Contract
year begins September 27.
Section 3. Cost of Gas Adjustment.
The rate schedules quoted herein
' are predicated upon natural gas hav-
! ing a heat contest of 1,000 B T.U.
per cubic foot delivered to the City
Border Station, Dubuque, Iowa and
coating on the basis of 100% load
factor, 29.4c per M.C.F. In the event
the cost of natural gas is increas-
.' ed or decreased with the consent of
' or by the action oP a duly conati-
i ;: toted regulatory body resulting in
a coat of a purchased natural gas at
the City Border Station In excess
of, or less than 29.4c per M.C.F.
based upon a 100% load factor, the
`* - shares ner M.C F, for gas supplied
Iuent billing period begin-
er than the effective date
•ease or decrease, shall
or decreased, accord.
amount by which such
exceeds or is leas than
[CF multiplied by 1.1,
may be; provided, how-
the amount of the In-
crease, eo computed per
t a multiple of O.Olc, it
Muted to the nearest such
Cax Clause. To the total
as computed under any
schedules, the Company
he right to add all or
prorated increase in the
rat gas to the company
h resulting from the ad-
excise tax levied on the
as purchaded or sold.
"excise tax" where used
mean any occupational
Severance, g a t h e r l n g,
n, pipeline footage, sales
rise tas or tax of simi-
row or hereafter impos-
lawiu] authority upon
;t to the production,
severance, transportation, purchase
or sale of the natural gas sold by
the company
Any change in rates under Sections
3 or 4 shall be reported to the City
Council and the basis therefor.
Section 5. Meter Service. No per-
son, firm or corporation supplying
gas shall install any meter or meters
upon a customer's premise for the
purpose of measuring gas to be sup-
plied to said customer unless and
until such meter has been properly
calibrated and adiuated within a
period of six (6) months preceding
data ~P installation upon a customer's
premise so that the error in regis-
tration of rated meter capacity is
within two percent (2~) of accuracy,
Any meter installed upon a cos.
tomer's premise shall bear a label
clearly indicating the date that sold
meter was tested and recalibrated.
No meter shall be kept in service
which has not been recalibrated with-
in a five year period.
The person, firm, or corporation,
supplying gas in the City of Dubuque
shall keep on file a record of the teat
of each meter installed upon or re-
tained in service upon the customer's
premise after test, which record
shall be available for inspection by
officials of The City of Dubuque.
Such record as filed shall indicate
the name oP the manufacturer of
said meter, its aerial .number, type
capacity, number assigned to it by
its owner, name and address of the
customer where said meter was in
service prior to said teat, and the
date of last previous test, together
with the percentage of error above
or below accuracy, as disclosed by
said teat. Meters shall be adiusted
to register within plus ar minus
two percent (2%) oP accuracy at full
load.
Section 6, B.T.U Content of Gas.
The average gross heattng value of
the gas supplied shall approximate
1,000 B.T:U. per cu. [t. unless the
gas supplied by the company's na-
tural gas supplier shall contain a
greater or leas heattng value. In the
event the arithmetic average of hour-
ly gross heating value delivered by
the Company's natural gas supplier
in any month shall be less than 976
B.T.U. or, more than 1025 B.T.U.
per cu. ft. than the volume of
gas measured hereunder d u r i n g
such period shall be decreased or
increased proportionately.
Section 7. Measurement of Gas
Used. The unit of measurement for
gas sold wql be the volume of
gas in cubic feet at a temperature
of 60° Fahrenheit and at an abso-
lute pressure of 4 os. above the at-
mospheric pressure assumed to be
14.40 psis.
Section 8. Prompt Payment. Cus-
tomer's monthly bills shall be com-
puted at the net rate and there
shall be added tc all bills of $2.00 or
less, a charge of l0c and to all b11Ls
in excess of $2.00, a charge equal
to the number oP cubic feet of gas
consumed at lOc per 1000 cubic feet,
which charges shall be collected from
those customers who fall to pay their
net bill within ten (10) days from and
after date thereof.
Section 9. Penalty. Any person, firm
or corporation who shalt charge or
exact other or different rates and
charges for any type of service, the
rates for which service are herein
fixed and determined, or who shall
violate any of the provisions hereof,
shall be deemed guilty of a misde.
meanor and upon conviction thereof,
472 Special Session, July 20th, 1954
shall be finefl not to exceed =100.00
or imprisoned not to exceed thirty (80)
days in jail.
Section 10. Repealing PrWr Ordi-
nances. Ordinance No. 32.64 adopted
April b, 1864, and all other Ordinances
or arts of Ordinancee in conflict here-
within are hereby repealed.
Section 11. When natural gas ser-
vlce becomes available to consumers,
the Company shall promptly notify
the Clty Council of such tact in writ-
ing.
Section 12. This Ordinance shall be
in full force upon its passage, adop-
tion and publication as provided by
]aw and upon natural gas becoming
available. to consumers in the City of
Dubuque sa e[gnified in the notice
provided for in Section it hereof.
Passed, adopted and approved this
20th day of July, A. D., 1964.
LEO N. S~nuni.LER, Mayor
CLAR1tAICE P. WELU
RAY F. KOLB
RUBEN O. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J. J. SHEA
City Clerk
PublLahed officially in The Tela.
graph-Herald newspaper this 27th day
of Jllly, 1964.
J. J. SHEA
It. 9.27 C1ty Clerk
Councilman Kalb moved the
adoption of the ordinance. SeN
onded by Councilman Austin. Car-
ried by the following vote: AAA
Yeas -Mayor Schueller, 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. S13EA,
City Clerk ;
Approved ................................1955.
Adopted x955, `
'`
Councilmen : ....................................
Attest : ................................................
City Clerk