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1954 July Council Proceedings I~ ~~ 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 $14,620 far principal and interest; For the year 1959 a tax sufficient ~' ~, i i .io,iiii ni"ioi ,~ ~ . fi , Mu~!$t. !. ~,k~ ~: .. ~ ~ s 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