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1954 August Council ProceedingsRegular Session, August 2nd, 1954 473 CITY COUNCIL lic hearing on the Budget Estimate of Expenditures for the fiscal year beginning January 1st, 1955 and ending December 31st, 1955, pre- (OFFICIAL) sented and read. Na written ab• Regular Session, August 2nd, jections filed and no objectors 1954. present in the Council Chamber Council met at 7:30 P.M, at the time set for said public hear- Present~Mayor Schueller, Coun• ing. Councilman Kolb moved that cilmen Austin, Kintzinger, Kolb, the •proof of publication be re- `' Welu. City Manager Schiltz. Mayor ceived and filed. Seconded by Schueller stated that this is the Councilman Kintzinger. Carried 'by regular monthly meeting of the the following vote: ~ City Council for the purpose of yeas -Mayor Schueller, Coun• acting apon such business as may ' S cilmen Austin, Kintzinger, Kolb, properly come before the meeting. Welu. Proof of publication, certified to ~' by the publishers, of notice of pub• Nays-None. "! BUDGET ESTIMATE AND RECORD OF FILING ?` 'i ' Gity Estimate NOTICE: The City Conncil of Dubuque of Dubuque County, Iowa will +~, , meet August 2„ 1914, at 7:30 p.m., Daylight Saving Time, at City Hall. Taxpayers will be heard for or against the following estimate of expendi- tures for the yea: beginning January 1, 1955. A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearing. lt. 7.21 J. J. SHEA City Clerk , 1 2 Expenditures For Year ~ r1 w -rob«6 v;"yd u o ~~v~ ~ ~av q am Gn ~ ~ FM ~o « M Z For Year For Year & ~ ~ ~ q ~ ~ ~ ~ ~ ~ y ~ ~ d ~ m ~ o 1952 1.53 Qa.,~ tiK ~ d mq'ia~ o k,e m°«~y oopF,~ ~v a _,. .,.•~,~.taJ~<rpra!`k'~$~"~m,r„a, .y t~.ke.ig 'eneral .. 136,638.231 207,864.101 237,217.60 30,000.00 79,600.001 127,617.60 Itreet ...... E39,921.7b1 366,675.951 197,761.00 b,000.00 9,450.001 183,311.00 ?ublic Satety 509,300.861 b51,426.fi61 645,255,00 30,000.OD 72,97b.001 b42,780.00 ~tion ..... 225,628.081 233,603A21 526,570.001 293,950.001 233,120.00 dunt'pal I nt'prise 160,489.881 240,598.76 216,896.001 17,94fi.00 47,BOD.00 161,66R.OD tecrea- I tlon ....' 196,925.621 191,652.661 208,942.b01 10,000.00 43,107.001 155,834.b0 Jtilities 439,683.601 943,644,28 941,420.001 60,000.00 337,420.001 69,000.00 )ebt ser- vice .... 44,011.69 fi1,666.601 93,232.401 { 93,232.40 trust and Agency 92,418,63 98,587.4311 169,000.001 16,000.D0 6,812.501 144,687.60 Omer- 3tre t (rd 6,600.001!1 Jae Tax I 175,000.00 175,000.OUI Liquor Pro[It 52,935.92 5fi,000A0~ 47,0 OD.OG! 1 47,400.001 Parking I 1 Meter) 19,915.60 49,425.131 122,500.001 62,b00.00 60,000.00 Parking I I Lot) ...... I Itreet agr.land 150.00 i ibO.OD City As- ment Ex, 9,206.83 10,170.88 22,400,00 ~ 22,500.00 Totals 2,293,674.89 2,510.225.4613,103,444,60 222,946.001,171,619.5011,708,889.111 Estimated 'Cayes per $1,000.00 oY assessed value ..................$32.86 Taxable va]uation (1953) ............................. . ..................... 50,402.839 Moneys and credits (19b3) ....................................................`$13,159,652 fit. 7-21 ---_-_.-. f_----._ _. _ ___ __ RESOLUTION N0.16~54 said Budget Estimate was fixed for Whereas, the CouncIl of the City the 2nd day of August, 1954 at )ubuque,caused to 'be prepared 7:30 P.M. at the Council Chamber published, as provided ~by law, in the City Ha11; and Budget Estimate of Expendi- Whereas, this being the time ~s for the fiscal year beginning and place for said hearing, said nary 1, 1955 and ending Decem- Budget Estimate was taken up for 31, 1955 and the hearing upon final consideration by the Coun- 474 Regulaz Session, August 2nd, 1954 cil and all parties in interest have been given the opportunity to be heard for or against said Budget Estimate. It Is Therefore Resolved by the City Council for the City of Du• buque, Iowa: That the Budget Estimate of Expenditures for the fiscal year beginning January 1, 1955 and end- ing December 31, 1955 heretofore prepared and published ~be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with the verified proof of publica- tion and the notice of hearing upon said Budget Estimate. Be It Further Resolved, that, the taxes required to be collected in the year be and the same are hereby levied in the various funds in the amounts in said Budget Es- timate. Passed, adopted and approved this 2nd day of August, 1954. LEO N,SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RIIBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest; J, J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 263.54 A resolution establishing the tax levies for the year 1954 the taxes to be collected in the year 1955 and used for municipal purposes of the City of Dubuque. Be It Resolved by the City Caun- cil of Dubuque that there be and there is hereby levied the taxes for municipal purposes for the ensuing year 1954 of the following number of mills on the dollar of all taxable property within the cor- porate limits of said city. 2.1089 mills for General Fund. 10.5557 mills for Public Safety Fund. 4.5336 mills for Sanitation Fund. 3.5650 mills far Street Fund. 2.9492 mills for 'Municipal Enter- prise Fund. 3.0307 mills for Recreation Fund. 1.0501 mills fc+r Utilities Fund. .4376 mills for City Assessment. 1.8132 mills for Debt Service Fund. ,8674 mills for Fire Pension Fund. .2759 mills for Fire Retirement Fund. .6136 mills for Police Pension Fund. .2791 mills for Police Retire- meat Fund. ,2918 mills for Social Security Fund. .4862 mills for Employees Re• tirement Fund. (State) Be It Further Resolved that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or hor- ticultural purposes. Be It Further Resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce, as shown by the Bud- get Estimate of Expenditures, adopted by this Council on the 2nd day of August, 1954 to the Auditor of Dubuque County on or before August 15th, 1954. Passed, adopted and approved this 2nd day of August, 1954. LFA N. SGHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KlhieulGER 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, Kolb, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of tevy special assessment and intention of the City Council to issue bonds to pay for the cost of the improve• ments of West Thirteenth Street from the west Property line of ~.,.W_ .,-..,~y, _, .,k~, - ,~~ ,,, ~, Regular Session, August 2nd, 1954 475 'l Central Avenue to the east prop- erty line of Main Street, also for the improvement of Kaufmann Avenue from the west property line of Central Avenue to the east property line of ;Kane Street with hot-mix, hot laid asphaltic con- crete, presented and read. Coun- cilman Kolb moved that the proofs of publication ~be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. July 26, 1954 Dubuque City Council Dubuque, Iowa Dear Sirs: We are objecting to the street assessments on Lots 5 and 6 of L. H. Langworthy's Addition, Kauf- mann Avenue Street improvement because- i.ot Ass, Val. St. Ass. '/a Ass. Val. 5 $416.67 $347,05 $104.17 6 416.67 274,24 104.17 621.29 2(18.34 2.34 Difference of $412.95 I ~ Also on Lot 5 there is forty-two ~~ and one-half (42~i) feet frontage, "' At score time the city rounded off that corner and removed three feet curbing from in front of that lot. This leaves the corner of our lot lying in the intersection. We spoke to one of the men at the time the street was being made and be told us that the curbing was to be ex- tended to the corner of our lot, ~ but, it wasn't done. Therefore, we have only 39~i feet frontage as far as the street is concerned. We certainly are not going to pay for those feet of street that we didn't got. t ~ Yours truly, Marie B, Haupert Joseph Haupert 500 Kaufman Ave. Councilman Kolb moved that the ~ petition be referred to the City Manager. Seconded by Councilman Welu. Carried 'by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-rNone. August 2, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The objection of Walter and Lu- cille H2rtner to the assessment of $124.85 against Lot 2 of 1 of 151 Mechanics Addition was referred to the Council to be acted upon at the time of the public hearing. The Council requested that the City Assessor place a value on this lot as it was combined with another lot. The value placed was $50,00. In line with all other values we have placed on property of this nature, the assessed value is con- sidered '~ of the actual value. Therefore, a valuation of $150.00 would be proper and the amount assessable against this property r/a of $150.00 or $37.50. I recommend that the City pay from the street fund the excess assessment $87.35. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Austin moved that the recommendation of City ~Man- ager SChiltz be approved. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. CITY OF DUBUQUE, IOWA Schedule of Assessments West 13th Street-Hot Mix Hot Laid Asphaltic Concrete RESOLUTION N0.264.54 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improvement of West Thirteenth Street from the west property line of Central Ave- nue to the east property line of Main Street, also for the improve- ment of Kaufmann Avenue from the west property line of Central Avenue to the east property line of Kane Street with hot•mix, hot- laid asphaltic concrete in the amount of $29,856.05, ~by Iowa Road Building Company, contrac- tor, in front of and adjoining the same, a special tax be and is here- by levied on the several lots, and parts of lots, and parcels of real estate all as named situated and 476 Regular Session, August 2nd, 1954 owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the schedule. Josephine Schroeder, Lot 448, M. 1/5, City Lot .... 70.13 City of Dubuque, Lot 448, N. 2/5, City Lot .............. 856.81 Adams Realty Co., Lot 449, S. 2/5, City Lot ....,. 778.88 Carl Ziepprecht, Lot 449, M. 1/5, City Lot .............. 70.13 Casper J, Haun, Lot 4 of 456 S.~Z, City Lot .......... 76.69 Casper J. Haun, Lat 1 of 3 of 456 S.~Z, City Lot 33.98 Joseph W. Rhomberg, Lot 2 of 3 of 456 S.~Z, City Lot ........................................ 330,01 Joseph W. Rhomberg, Lot 2 of 456 S.~C, City Lot 307.00 Joseph W. Rhomberg, Lot 1 oaf 456 S.~i, City Lot.... 101.33 City of Dubuque, Lot 457, N. 2/5, City Lot .............. 856.81 Gus. & Salvatore Giunta, Lot 457, M, 1/5, City Lot 70.13 Marie C. & Walter E. & Herman B. Eschen, Lot 460, M. 1/5, City Lot ... 79.24 Medical Associates Realty Co., Lot 460, M. 1/5, City Lot ............................. 240.89 Medical Associates Realty Co., Lot 460, E. 80'-N. 1/5, City Lot ................ 452.58 Wm M. Nesler, Lot 460, W.33'-N,1/5, City Lot.... 186.67 Mary Mettel, Lot 461, W. 15.54'-W,62', S.2/5, City Lot ..................................... 121.02 Lucy Feltgen, Lot 461, W. '~ -E. 46.46'-W.62'•E. 2 / 5 City Lot ........................... 120.56 Clem W. & Nelo~McGrath, Lot 461, M. 3' " . ° . _. W. 62'-S. 2/5 Edw. P. & Pear 461, E. 'h-E 62'•S. 2/5 Cit Geo. R. Burden Barnard Wat tee, Lot 461, 2/5, City Lot Bird Chevrolet 461, M. 1/5, Ida Frances Ni 464, S.~i-M. Lot ................ . Joseph & David Lot 404, SM Lot ................... a ,_„ _. _ , ,.w,~r^~.*9°+--rRr~~~a'-4~~~w»nhl~+s~, , ~Pr~#.+.!R+~~.>a~.,.~~ Al. M. & Mabel Didesch, Lot 464, S.1/5, City Lot 639.24 Wm. B, & Edgar B. Wit- mer, Lot 465, N, 1/5, City Lot ............................. 639.24 Mary B, Chalmers & Eliz. Lewis, Lot 465, NM 1/5, City Lot .......................... 186.66 Sidney & Margt. Hauden- schield, Lot 465, M. 1/5 City Lot ............................... 79.23 $7,347.58 Excavation, Old Macadam, 429 Sq. Yds. @ 1.00 ...... 429.00 Street Car Tie removal & Replacement with 5" Class "B" Concrete, 530 Lin. Ft. @ 3.50 ............. 1,855.00 Brick removal & Replace- ment with 4'' Class "B" Concrete, 217.33 Sq. Yds. @ 3.00 ..................... 651.99 Manholes-Raised or low- ered, 3 No. of @25,00.... 75.00 Binder Course, 230.44 Tons @ 8.95 .................... 2,062.44 Surface Course, 205.75 Tons @ 8.95 .................... 1,841.46 Tack Coat, 175 Gals. @ 0.20 .................................. 35.00 Extra Work ... ...................... 381.90 7,331.79 Less: Ciiy's Share (Extra Work) .................................. 381.90 6,949.89 Extra Expense 5% ....... 347.49 Interest 5% for 52 Days 50.20 7,347.58 All of which is assessed in pro- portion of the special benefits conferred. ,~ Regular Session, August 2nd, 1954 Beatrice Creamery Go., Lot 1, Beatrice Food Place .................................. A. J, Hartig, Lot 1, S. 24.8- 5. ~Z Tivoli Add .............. Mettel Realty & Inv. Co., Lot 1, N.4'•S~x Tivoli Add . ................................... Mettel Realty & Inv. Co., Lot 1, 5.20'-N.~Z Tivoli Add . ................................. H. H. & Gertrude M. Ver- ~bugt, Lot 1, N.4.8'-N.~e Tivoli Add ......................... H. H. & Gertrude M. Ver- ~bugt, Lot 2 S. 18' Tivoli Add . ..................................... Earl Bock, Lot 2, 5.22'~N. 32' Tivoli Add ................. Earl Back, Lot 2, N.10'-N. 32' Tivoli Add ................. Earl Bock, Lot 3, Tivoli Add . .................................... Myra Back, Lot 4, Tivoli Add ...................................... Patricia J. Lorenzen, Lot 5, Tivoli Add ................... C. G. & Ida E. Miller, Lot 16, N. ~Z Tivoli Add..... Roberta F. Cosgrove, Lot ls, S. ~ Tivoli Add, .... Luetta Zapf, Lot 17, N. ~Z Tivoli Add ......................... Theresa Witter, Lot 17, S. 'h Tivoli Add ................. Barbara Stapleton, Lot 18, Tivoli Add ......................... Anna S. McLaughlin, Lot 19, N.'~ Tivoli Add, ..... Louis McDonough, Lot 1, Sub. S. ~Z of Lot 19 & 20 Tivoli Add ................ Fhillip & Anna Gress, Lot 2 Cuh C ~, of Tnt 1Q R 511.45 146.77 18.65 70.95 13.99 41.35 38.61 15,19 51.80 24.17 13.99 6.40 7.60 9.88 14.29 51.80 55.94 Alva & Gertrude Allen, Lot 7, Sub. S. 'h of Lot 19 & 20 Tivoli Add......... Alva & Gertrude Allen, Lot 8, Sub. S. ~i of Lot 19 & 20 Tivoli Add......... Alva & Gertrude Allen, Lot 6, Sub. S. ~ of Lot 19 & 20 Tivoli Add. Und, ~x ............. ............ Louis McDonough, Lot 6, Sub. S. ~Z of Lot 19 & 20 Tivoli Add. Und, '/a Lawrence Nactitman, Lot 1 of 21 Tivoli Add......... R. E. Werner, Lot 2 of 21 Tivoli Add ......................... Mathilda E. & John E. Ku- low, Lot 22, Tivoli Add, Vera W. Sass, Lot 23, Ti- voli Add ........................... Emma Wimmer, Lot 24, Tivoli Add . ........................ Jack R. & Alice Ileen Red- mond, Lot 25, Tivoli Add . ............. ...........:...... Irma Lewis, Lot 3$, N, ~i, Tivoli Add ..................,...... Irma Steuck, Lot 36, S.~i Tivoli Add.. ....................... Anna Flick, Lot 37, Tivoli Add . ................................. Regina Jaeger, Lot 38, Ti- voli Add ........... ............... Anna Hinkson, Lot 39, Ti- voli Add ..... ....................... Herman J. & Angelina 'Heuer, Lot 2 of 40, Ti- voli Add ......... ................ Dennis & Veda Latham, Lat 1 of 40, Tivoli Add. Anchor Investment Co., Lot 1, N. 95' Marsh's Add . .... ......................... Fred J, & Natalie Shafer, Lot 1 of S. 40' Marsh's Add . .............................. Fred J, & Natalie Shafer, Lot 2, N.5' Marsh's Add. Fred J. & Natalie Shafer, Lot 31, S, 40', Marsh's Add ...................................... Elizabeth Betz, Lot 2, S. 45' Marsh's Add..........,,. Earl J. Bock etal, Lot 3, Marsh's Add. ..........._.... Evelyn J. & Martin Un• macht, Lot 4, Marsh's Add . ................................... Donald J. & Lucille Grimes, Lot 5, Marsh's Add . .................................. Anthony W. Neuwaehner, Lot 27, Marsh's Add..... 477 3,87 3.87 3.69 1.83 144,19 90.56 106.21 58.70 26.99 15.22 11.23 15.88 4o.so 161.82 166.86 60.44 115.06 136,02 19,40 6.67 19.40 41.32 25.31 18.74 5.01 9.07 32.97 ~`, 478 Regular Session, August 2nd, 1954 Regular Session, August 2nd, 1954 419 Joseph B. & Katherine Wm. & Ruby Kaufman, ~ Helen H. & Thomas H. Theresa Huber, Lot 5 of Froehle, Lot 28, W.93' Lot 3A, Welands Sub. 211.96 Bell, Lot 10, W. 15' 1-1 of 143 L, ii. Lang• Marsh's Add ..................... 9.79 Jess W, & Marie Bow, Lot Cushings Sub......_......._ 48,87 worthy's Add.............,,.... 10.45 Dubuque County, Lot 28, 4, E, 2T Welands Sub• 92.30 Helen H, & Thomas H. Dubuque County, Lot 8 of E. 92' Marsh's Add......... 9.67 Lucy Jaeger, Lot 4, W. 35' Bel], Lot 11, E. 22.5' 1-1 of 143 L, H. Lang• Lucy Feltgen, Lot 29, S. Welands Sub ..................... 119.86 Cushings Sub• ............... 70.32 worthy's Add, ................ 11.50 35' Marsh's Add ............... 17.99 Henry do Minnie Jenni, i John 3c Margaret Reiff, Wm. G. Weigand, Lot 2 of A. J. Est, & Eliz. Lange, Lot 5, Welands Sub...,... 211.96 Lot 11, W. 7.5' Cushings 1-1 E. ~a Lot 145 A. L. Lot 29, N. 15' Marsh's Wm, & Pearl Mathis, Lot Sub ....................................... 23.45 H. Langworthy's Add, ..,. 515.44 Add .............. ....................... 10.45 1, Sieges Sub................... 108.85 John & Margaret Reiff, Wm. G. Weigand, Lot 2 of A. J. Est. di Eliz. Lange, Wm. & Pearl 'Mathis, Lot Lot 12, Cushings Sub..... 93.74 2.1-1.1 E. s/a Lot 145 A. Lot 30, Marsh's Add....... x•93 2 Sieges Sub ..................... 87.08 Mathew W. & Cath. L. L. H, Langworthy's Add. 20.60 Robert McFarlane, Lot 31, ' ' Anna Hartman Sie- Lot 3 Smith, Lot 13, Cushings Joseph D. & Martina Vogt, s Add• .... , , Marsh N. 95 136.02 , , .... ... . ............ ges Sub 87.08 93.74 Lot 1 of 1 W. ~4 Lot 145 Anna Harvey, Lot 32, . ..... ... . . Marsh's Add 155.42 . ... .. ... Anna Schnieder et al Lot ~ Raymond L. & Ma ry Cot. A., L. H, Langworthy's Add .... . . . . Elmer H. & Mintue McIn• ' 4, Sieges Sub ................... 87.08 trell Lot 14, C~ hings Swb. 100.02 . . . .. .................. Gordon G. Grotjohn Lot 178,93 s tyre, Lot 33, Marsh Add 161.46 Bert & Theresa Jochum, Lot 5 E ~C Sieges 'Sub 44 54 , 1.1 of 145 W 100'•N. ' ....................................... Bessie M, & Robert Cartig- , . . William J. & Clara 'Mark- , ~ ~ne15, ~~ 162 L, H. Langworthy's Add 132 21 ny, Lot 34, Marsh's Add• 145.06 ~t 5, W. ~ ,Sieges hings Sub 93.74 ...... .... Fred J. & Alta Louthold . Wm. P. Andresen, Lot 35, .................. Sub. ~ 44 Aloysius & Vera L, Pfiff• , Lot 1 of 2 of 145 L H Mars'h's Add ..................... 152.33 Anna Genthe, Lot 6, E. ~ ner, Lot 6, Chas, Kling- , • . Langworthy's Add 219 29 John V. & Laurene Oeth, Sieges Sub. 54.44 enbergs 3rd ..................... 10518 . ,....... Ed. H. & Helen Nank Lot . Lot 38, Marsh's Add..... 157,97 Sylvester & Alvina Joch• John C. & Cecilia Vogt, 1 of 3 of 145, L. H. Frank F. & Marie Zwack, um, Lot 6, W. '~ Sieges ~ Lot 4, Chas. Klingen- Langworthy's Add..,.,.... 229.41 Lot 37, Marsh's Add....... 162,66 Sub . ..................................... 54.44 ~ ;: bergs 3rd ............................ 24.20 Ed. Est. & Minnie Nank, Clarence A Gert Wiener, Ida S. Murray & Otto John C, ix Cecilia Vogt, Lot 2 of 2.2 of 147, L. H. Lot 1 of 38 Marsh's Add. 9624 Schenker, Lot 7, Sieges Lot 2 of 141 L. H. Lang- Langworthy's Add....,.... 32.76 Jacob & Pearl Lachman, Sub . ................................... 177.76 worthy's Add...,.._........_. 186.17 John C. & Rita Spahn, Lot Lot 2 of 38, Marsh's F. H. Hinkel k E. J, & J. -' Edward N. & Martha Far- 1 of 2.2 of 147 E. 24' Add . ..................................... 116.80 H. Hufnagle, Lot 5 of ni Lot 2 of 143 L. H. L. H. Langworthy's Add. 78.58 Arthur R. Knoll, Lot 3 of Sub. of 3 & 4 of Lot 135 ~ ~ Langworthy s Add.....,,.. 129.12 Anthon Y & Kath Wagner, 38, Marsh's Add. .............. 141.31 L. H. Langworthy's Add. 126.47 ~ ; Edward N. ~ Martha Far• Lot 1 of 2-2 of 147 W. Arthur R, Knoll, Lot 4 of Lewis K. & Viola Driscoll, ;; m, Lot 2, 1.1.1 of 143 ~ L. H. La ngwort]-y's 38 Marsh's Add ............... 4.08 Lot 2 of Sub. of 3 & 4 ~ , L. H. Langworthy's Add. 5.92 Add.... ............................ . 91.67 Herman Gronan, Lot 39, of Lot 135 L. H• Lang• , Herbert W. & Mildred Alma R. Hirsch, Lot 2 of Marsh's Add ..................... 22.91 worthy's Add................... 78.79 ` `; Meyer, Lat 3 of 143 E. 1.2 of 147 L. H, Lang- John Stillmunkas, Lot 62, R. B, Fuller Est,, 1.ot 1, ~ '- ~ L. H. Langworthy's worthy's Add ................... 101.52 Marsh's Add ..................... 71.49 of Sub. of 3 & 4 of Lot Add, ............................. 129.12 Dominick Gala, Lot 1 of Chas, W. Ihrcke, Lot 1 of 135 L. H. Langworthy's Herbert W. & 'Mildred 1.2 of 147 E. ~ L, H. 63, Marsh's Add ............. 168.99 Add, ..._.............................. 81.16 Meyer, Lot 2 of 2.1.1 of Langworthy's Add......... 101,52 Arthur R, Knoll, Lot 2 of Casper J. GalUart, Lat 3, 143 L, H, Langworthy's Arthur F, k Myrtle Loner- 83, Marsh's Add• ............ 140.80 of Sub. of 3 & 4 of Lot Add .................................. 7.51 gan, Lot 1 of 1-2 of 147 Pearl W. Beyer, Lot 1 of 135 L. H. Langworthy's ~ Hilda Est. & Joe Streletz- W, ~Z L. H. Lang- 1.1.1- Welands Sub......... 163.62 Add ............. ...................... 38.70 ky, Lot 3 of 143 W. '~ worthy's Add................... 101.52 Donald & Cleo Farquar, Phyllis Schultz, Lot 4, of L. H. Langworthy's Add. 128.12 Estella M. Kaiser et al, Lot Lot 2 of 1.1 Welands 'Sub. of 3 & 4 of Lot 135 Carl J. Zuber, Lot 4 of 1 of 136 E. ~ L, H. Sub . ................................... 135.12 L. H. Langworthy's Add. 26.27 143 L. H. Langworthy's Lang~,vorthy's Add......... 115.33 Donald & Cleo Farquar, R. B. Fuller Est., Lat 7, S. Add ................................. 129.12 Peter Kaiser Est., Lot 2 of Lot 2 of 1, Welands Sub. 161.21 60' Cushings Sub ............. 19.10 ~ John A. & Margt. Stumpf, 136 E, ~i L. H. Lang- Donald & Cleo Farquar, Casper J. Galliart, Lot 7, ~ Lot 5 of 143 L. H. Lang• worthy's Add ................... 105.09 Lot 1 of 2-2, Welands M. 37' Cushings Sub....... 4.62 worthy's Add ................... 129.12 George Thalhammer Jr. & Sub . .... ................................. 91,67 Phyllis Schultz, Lot 7, N. Joseph P• & Mathilda Anna E., Lot 136, N:M. Ardath ~ Elizabeth Riggs, 38' Cushings Sub...........,. 3.12 Spark, Lot 1 of 3.1.1 of '/4 L. H. Langworthy's Lot 1 of 2, Welands Sub, 15725 Clem & Hilda Hoots, Lat 143 L, H. Langworthy's Add . ........................ _......,. 110.20 Ardath & Elizabeth Riggs, 8, Cushings Sub ............. 93.74 Add.............................. 3.96 Mettel Realty & Inv. Ca., Lot 2 of 2A, Welands Clem & Hilda Hoots, Loh Joseph Mentele, Lot 2 of Lat 138, N. 298'•W, '/a Sub . ..:......... ......................... 40,12 9, E. T6" Cushings Sub. 23.45 3•i-1 of 143 L, H, Lang- L. H. Langworthy's Add. 110.20 Ray & Veronica Link, Lot John M. Byrne, Lot 9, W. worthy's Add ................... 4.41 Louis & Charlotte C• 1 of 2A, Welands Sub. 170.94 22'6" Cushings Sub.....,. 70.32 Joseph Mentele, Lot 4 of 6cheppele, Lot 1 of 1 of John G. King, Lot 3, Wel- John M. Byrne, Lot 9, W. 1?1 of 143 L. H. Lang- Sub. 138, 140 & 142 'L. ands Sub ............................. 211.96 22'6" Cushings Sub....... 46.87 worthy's Add................... 9.31 H. Langworthy's Add..... 214.96 ~ ~~ ~ i ~ i ~ ii ui~ i n, i i i 480 Regular Session, August 2nd, 1954 ~ Regular Session, August 2nd, 1954 481 Louis & Charlotte C. Walter & Lucille Hertner Fred Binder Lot 155, N Joseph & Marie Haupert, Scheppele, Lot 2 of 1 of Lot 2 of 1 of 151, Me- ~ 50'~E 100' L. H, Lang- Lot 6 of 1 of 15(1 & 150A Sub. 138, 140 142 L. H. chanic's Add ..................... 124.85 '~• worthy's Add..,.............. 181.30 L. H. Langworthy's Add. 163.71 Langworthy's Add......... 25.49 Richard Otto, Lat 2 of 1.1 ~ %avier B. & Mary A, Alois Pfiffner, Lot 2 of , Alois P. Iierkes, Lot 2, of 151 Mechanic's Add. 32.43 ""- ' Schute, Lot 155, SW 150 SE 88.6' L. H. Lang- Sub. 138, 140 142 L. H. Anna Kueper, Lot 1 of 1-1 100'-NW 92' L, H. Lang- worthy's Add . ................. 343.84 Langworthy's Add......... 172.66 of 151 Mechanic's Add, 7.51 i ~ worthy's Add .................. 2762Ci Alois Pfiffner, Lot 2 of George L. Hiller, Lot 3, Fred C. Kueper, Lot 1 of ,' ; Charles R. & A, M. Scott, 150 NW 4', L. H. Lang- Sub. 138, 140 & 142 L. 150, Mechanics Add..... 35.64 :,~ Lot 155, NE 159'-NW worthy's Add ................... 15,52 H. Langworthy's Add..... 173.23 Walter & Lucille Hertner, yfy. 92' L. H. Langworthy's Alois Pfiffner, Lot 1 of E S b L138 s~140 r& 142 L a L,oHl Langworthys Brad & Lillian A Na h 7224 H. Langworthy's .... Add L 178.55 u , . d 182.86 - . n ................ . . H. Langworthy's Add...,. 139.27 Ri ley, Lot 2 of 5 of Mm . Alois Pfiffner, Lot 2 of I. M. Milbrecht, Lot 5, Sub. of 146 & 146 A., L. H. t of 1 eral Lot 316 (part) ........ ~ 23,60 2.2 of 152, L. H. Lang- 138, 140 & 142 L. H. Langworthy ss A ... dd. 257.39 ~ Haldor M. & Mary F. Rly, worthy's Add ................... 193.77 Lattgworthy's Add......... 89.45 Anna Kueper, I:ot 1 of 2 Lot 3, Springgreen ~ W. & Mary Winter, Lot 1 I. M, Wilbrecht, Lot 6, E. of 145 & 146 A,, L. H. Subd .................................. 87.08 of 2.2 of 152, L, H. Lang• 5' Sub. 138, 140 & 142 Lang•t°orthy's Add......... 221.00 Nellie E. Hansel, Lot 4, worthy's Add . .................. 257.28 L. H. Langworthy's Add. 17;90 Mettel Realty & Inv. Co,, Springgreen Subd.......:. 152.39 Estella Meyer, Lot 1 of 2 Gregory Bisanz, Lot 6, M. Lot 1 of 3 of 146 & 146 Melvin J. & Anna Gced- of 152, L. H. Langwor- 20' Sub. 138, 140 & 142 A., L. H. Langworthy's ken, Lot 5, Springgreen thy's Add ........................... 10.52 L. H, Langwort) d 71.55 174.70 ~ . ubd ..................................... 153.05 Estella 'Meyer, Lot 1 of 2 ~~ Z Gregory Bisanz, f Mettel Realty & Inv. Co., t j ~ A o I, & Lorraine Bau- of 153A, L. H. Langwor- 8 Sub. 138, 140 & 142 l of 2 of 3 of 146 ~ Lo Lot 6, Springgreen man thy's Add ........................... 182.42 L. H. Langworthy's Add. 35.97 146A, L. H. Langwor- thy s Add .......................... 15,64 , 'Subd .................................... 105.27 Joseph Rupp, Lot 2 of 2 of Ralph & Isabel Bisanz, E d. G. & Rose Scharr, Lot '~ Leo L. & Lorraine Bau- ~ 153A, L. H. Langwor- th ' Add 157 89 Lot 1 of 8 Sub. 138, 140 2 of 2 of 3 of 148 & 146 ' man, Lot 2 of 7 Spring- ......................... y s . & 142 L. H. Langwor- A, L. H, Langworthy's ;~ , ' green Subd ....................... 14,50 Lawrence Grant, Lot 2 of thy s Add. .... ........ 187.07 Add, 56,21 John G. & Ada Selgrath, 1 of 153A 5.50, L. H. Bruce & Marion Bowman, Paul Bodish, Lot 1, Cor• Lot 1 of 7, Springgreen Langworthy's Add......... 190.80 Lot 9, 'Sub, 138, 140 & nelia Place ...................... 259.28 • Subd. .............................. 59.78 John & Rosina Walbrun, 142 L. H. Langworthy's Louise M. Spahn, Lot 2 of Irwin & Lillian Pfiffner, Lot 2 of 1 of 153A N.2T Add. .......... ............... 183.01 148 W. '~ L, H, Lang• ~ Lot 8, Springgreen L. H. Langworthy's Add. 96.01 Bruce & Marion Bowman, worthy's Add . ................. 191.00 Subd........._...............:...... 24.50 John & Rosina Walbrun, Lot 1 of 10 Sub. 138, Alois Pfiffner, Lot 2 of 1 Joseph A. & Mary H. Lot 2 of 153, L. H. Lang- 140 & 142 L. H. Lang- of 148 W.'/Z L. H. Lang- Green, Lot 9, Spring- worthy's Add ................... 76.49 worthy's Add........,.......... 40.03 worthy's Add .................,. 42.43 green Subd....................... 10.81 Anna Deitl Est,, Lot 1 of Margaret C. & Vernon Alois Pfiffner, Lot 1 of 1 ~ Ida & Robert J. McCabe, 153, L. H. Langworthy's Pauley, Lot 159, Me- of 148 W. '~ L. H. Lang- ~ Lot 10, Springgreen Add ....................................... 402.07 chanic's Add ..................:.. 152.63 worthy's Ada................... 43.12 Subd................................... 21,29 Anna Deitl Est., Lot 154A, Margaret C. & Vernon Nathan & Lillian A. Brad- ~~ Paul A. & Ruth Gillespie, L. H. Langworthy's Pauley, Lot 158, Me- ley, Lot 149, L. H. Lang- ~ Lot 11, Springgreen Add ....................................... 465.58 chanic's Add............,........ 154.97 worthy's Add ................... 525.11 ~ Subd................................... 17.09 Anna Deitl Est., Lot 154, Robert & Dorothy Stumpf, Marcella A. Graff Kline, ~ Joseph & Marie Haupert, L. H. Langworthy's Add. 246.84 Lot 157, Mechanic's Lot 151, SE 50',8, 100', ~ Lot 1 of 1 of 150 & 150 Anna Deitl Est., Lot 333, Add . ................................ 158.30 L. H. Langworthy's Add. 178,45 A, L. H. Langworthy's Mineral Lot ............... 108.44 Herbert J. & Viola Men- Henry & Viorene Huse- ~ Add . .................. ...... 66.09 ges, Lot 156, Mechanic's man, Lot 151, NW 50'~S. ~ Arthur & Annetta Miller, 22,252,90 Add .................................... 161.49 100' L, H. Langworthy's Lot 2 of 1 of 150 & 150 City to Pay deficiency Raymond J. Carol Kass, Add . ................................... 182.74 5; A., L. H. Langworthy's Lot 154 L. H. Langwor- Lot 155, W. 42'2" Me- James & Monica Fitzger- ° ` Add . .................................... 28.32 thy's Add. ....................... 246.84 chanic's Add ..................... 144.04 old, Lot 151, SE 61'-NW Ethel A. Morrison, Lot 3 City to Pay Deficiency Lot Raymond J, Coral Kass, 71' L. H. Langworthy's of 1 of 150 & 150A, L. 2 of Lot 151 Mechanics Lot 154, Mechanic's Add .................................... 228.18 H. Langworthy's Add..... 21.02 Add.................................. 8.73 Add . ................................... 166.74 Frederick A. Jr. & Pearl ~ Joseph & Marie Haupert, J~ hn & Eliz, Sutter, Lot Link, Lot 151, NW 10'- Lot 4 of 1 of 150 & 150 22,508.47 153, Mechanic's Add..... 168,81 NW 71' L. H. Langwor- A, L, H. Langworthy's Excavation; Old Maca- John & Eliz. Sutter, Lot thy's Add . ...................... 37.80 Add.._............................. 48.64 dam, 50 Sq. Yds. @ 1.00 50.00 152, Mechanic's Add..... 164,01 Frederick A. Jr. & Pearl Joseph & Marie Haupert, Brick Removal & Replace- John & Eliz. Sutter, Lot Link, Lot 155, S 50'~SE Lot 5 of 1 of 150 & 150 went with 409.44 Sq. 2 of 151, Mechanic's 100' L. H. Langworthy's A, L. H. Langworthy's Yds. C 3.00 .................... 1,228.32 Add . .................................... 187.50 Add. ................................... 181:30 Add..................................... 207.19 4" Class ~<B„ Concrete ....... ............... .. ., .~,:. ~,~~~erro vr,~ 'A^i,a a. 482 Regulaz Session, August 2nd, 1954 Asphaltic Concrete ~Bind• er Course, 194 Tons @ 8.95 ...................................... 1,730.30 Asphaltic Concrete Sur• face Course, 194 Tons @ 8.95 ........................................ 1, 798.30 Tack Coat, 233 Gals, @ .20 46.80 Manholes Raised or Low- ered, 32 No. of @ 2b.00 800,00 Asphaltic Concrete Binder Course, 1,080.44 Tons @ 8.96 ..................................... 9,490.94 Asphaltic Concrete Surf- ace Course, 885.70 Tons @ 8,95 ............................ 7,748.02 Tack Coat, 992 Gal. @ .20 198.40 Patch & Leveling Course, 181.32 Tans @ 11.00 ...... 1,774.52 Extra Work ............................ 1,080.13 25,9.53 Less City Share .................... 4,679.33 21,290.20 Extra Expense 5% .............. 1,064.51 Interest 5~ for 52 days .... 153.7fi 22,508.47 All of which is assessed in pro- portion to the special benefits conferred. Fassed, adapted and approved this 2nd day of August, 1954. LEO N. SCHIIELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. ALai'u1 CHARLES A. KINTZINGER Councilmen Attest; J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the puhlisbers, of notice of the intention of the City Council to authorize the issuance of street improvement bonds in the amount of $29,856.05 to provide for pay meat of the assessed cost of the improvements of West Thirteenth Street from 'the west property line of Central Avenue to the east prop- erty line of Main Street, also for the improvement of Kaufmann Ave-, .v .. : ~ .. ,, . _,~, ,,, , , . , ~,. . nue from the west property line of Central Avenue to the east property line of Kane Street with hotmix, hotlaid asphaltic concrete, presented and read. Councilman Austin moved that the proofs of publication be received and filed. Seconded by Council- man Kalb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None, RESOLUTION N0. 265.54 Resolution providing for the is- suance of Street Improvement bonds for the purpose of providing for the payment of the assessed cost of City of Dubuque 1954 Hot Mix-Hot Laid Asphaltic Concrete Project No. 1 on portions of West Thirteenth Street and Kaufman Avenue. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $29,858.05 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro• vided by law, has been published by the City Clerk stating the inten• tion of the City Council to issue bonds for the purpose of provid- ing for the payment of the assessed cost of said improvement and a public hearing has ,been held, pur• suant to such notice and all objec- tions made thereto have been con- sidered and determined; Now Therefore Be It Resolved by the City Council of the City of Du- ~buque: 1. That to provide for the pay- ment of the assessed cost of im- proving the following portions of the following streets with >~ot Mix• Hot Laid Asphaltic Concrete: West Thirteenth Street from the west property lino of Central Avenue to the east property line of Main Street: Kaufmann Avenue from the west property line of Central Ave- nue to the east property line of Kane Street there shall be issued ~~ ~~ ~` J' Regular Session, August 2nd, 1954 483 street improvement bonds in the amount of $29,856.05 Dollars in an• ticipation of the deferred payment of assessments levied for such im• provement. 2. Such bonds shall Abe called Street Improvement bonds; and shall bear the date of September 1, 1954; and shall 'be numbered con- secutively; and they shall be num• bered, divided into series, and be in such denominations and far such maturity dates as are shown in the following table: 1. 7259 to 7204; $500.00 each, April 1, 1955. 2. 7265 to 7270, $500.00 each, April 1, 1958. 3. 7271 to 7276, $500.00 each, April 1, 1957, 4. 7277 to 7282, $500.00 each, April 1, 1958. 5. 7283 to 7286, $500,00 each, April 1, 1959. 6. 7289 to 7294, $500.00 each, April 1, 1960. 7. 7295 to 7300, $500.00 each, April 1, 1961. 8. 7301 to 7306, $500.00 each, April 1, 1902. 9. 7307 to 7312, $500.00 each, April 1, 1983, 10. 7313 to 7317, $500.00 each, April 1, 1964. 10. 7318, $356,05, April 1, 1964. 3. Said bonds shall bear inter- est at the rate of 5 per cent per an- num, payable semiannually in ac• cordance with coupons thereto at• tached; 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said _special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall 'be in sub- stantially the following farm: No. ............ Series No ............... .............................. CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as herein after mentioned to the bearer here- of, on the first day of ......................., or at any time before that date, at the option of the City of Dubuque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest cou• pons hereto attached. Both prina• pal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque un- der and by virtue of Chagter 396 of the 1950 Code of Iowa, as amended, and the Resolution of said City duly passed on the 2nd day of August, 1954, being Resolu- tion No. 205.54. This Bond is one of a series of BO bonds, 59 for $500.00 numbered from 7259 to 7317 inclusive, and one for $356.05 numbered 7316, all of like tenor and date, and issued for the purpose of improving por- tions of West Thirteenth Street and Kaufmann Avenue with Hot Mix• Hot Laid Asphaltic Concrete as de- scribed in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1153 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to '~be done, prece- dent to and in issuing this series of bonds, have been done, happened, and performed, in regular and due form, as required by law and said Resolution, and for tihe assess- ment, collection and payment here- on of said special tax, the full faith and diligence of said City of Du- buquue are hereby irrevocably pledged. It1 Testimony Whereof the City of Dubuque by its Council has caused this bond bo be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 1st day of September, 1954. (SEAL) Mayor ..........................City Clerk 484 Regulat Session, August 2nd, 1954 (Form of Coupon) On the ................ day of.................., the City of Dubuque, Iowa, promr ises to pay to bearer, as provided in said bond, the sum of ...................... Dollars, in the office of the City Treasurer in the City of Dubuque, being ............... months' interest due that date on fts ......................Bond No. ...............dated.................................. ............................Mayor ....................... ... . ............................ City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby in- structed to register said bond in a book kept for that purpose and to then deliver them to the City Treasurer. Z That the City Treasurer is hereby instructed Co sell said bonds in the manner provided by law, the proceeds of said sale to 'be placed in a special fund to be known as Special Assessment Fund No. 1153 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds ~be signed with the facsimile signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year af~ ter the payment of interest due, these bonds shall be called and re• tired in the same order as num- bered. Adopted this 2nd day of August, 1954. LEO N. SC1iUII.LER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIlVTZINGER Councilmen Attest: J. J. SIiEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed 'by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Statement of Conrad C. Birkness, subscribed and sworn to, stating that be posted copies of the notice of levy of special assessment and intention of the City Council to issue bonds along the line of the improvements of West Thirteenth Street from west property line of Central Avenue to the east proper- ty line of Main Street, also far Kaufmann Avenue from west prop- erty line of Central Avenue to the east property line of Kane Street, presented and read, Coun- cilman Kalb moved that the state- ment be received and filed. Sec• onded by Mayor Schueller. Carried Eby the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on Ordinance No. 47- 54, An Ordinance vacating de- scri~bed portions of Elm Street and the alley lying between Elm Street and Washington Street as the same appear in the Plat of Liebe's Sub. No. 1 and 2 and conveying said va• toted portfons to Dubuque Stor- age and Transfer Company, and au- thorizing the conveyance thereof, presented and read, No written ob- jections filed and no objectors present in the Council Chamber at the time set for said public hear- ing. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. ORDINANCE NO. 47.54 An Ordinance Vacating described portions of Elm Street and the al• ley lying between flm Street and Washington Street as the same ap• pear in the Plat of Liebe's Sub. No. 1 and 2 and conveying said vacated portions to Dubuque Stor• age and Transfer Company, and authorizing the conveyance there- of, said ordinance having been passed upon first reading an July 6th, 1954 and ordered placed on file with the City Clerk for public inspection before final adoption, was presented for final adoption. _ _ .._ \. I i y .~,~ I' t: =~ . t ";': D f~ '` r i ` ~~• ~y I: ~~; Regular Session, August 2nd, 1954 485 ORDINANCE No, 47.54 An Ordinance Vacating described portions of Elm Street and the al- ley ly[ng between Elm Street and Washington Street as the same ap- pear in the Plat oP Liebe's Sub. No. 1 and 2 and conveying said vacated portions to the Dubuque Storage and Transfer Company, and author- izing the conveyence thereof. Whereas Dubuque Storage and Transfer Company has petitioned the City Council for the vacation of the hereinafter described portions of Elm Street and the alley lying between Elm Street and ear aonn~henplatreof as the same aPP Liebe's Sub. No. 1 and 2; and Whereas Dubuque Storage and Transfer Company appears to be the owner oY all of the property abutting said portions of said street and alley, and Dubuque Stamping Co., the only other property owner served by said portions of said street and alley, has joined in said petition; and, Whereas the Planning Commission has recommended approval of said petition and there does not appear to be any valid abjection thereto; Now therefore, be It ordained by the City Council of the City of Du- buque: Section 1. That the following de- scribed portions of Elm Street and the alley ,lying between Elm Street and Washington Street, as the same appear on the Plat of Liebe's Sub. No. 1 and 3 of the City of Dubuque, Iowa, to-wit: Elm Street from the south line of Liebe Street to the south line of the alleyulyl gobetween ElmtStreet and Washington Street from the south line of Liebe Street to the south line of Liebe Sub. No. 1; Elm Street rrom the north line of Liebe Street to the north line of Liebe Sub. No. 2; the alley lying between Elm Street and Washington Street from the north line of Liebe Street to the north line of Liebe Sub. No. 2, be and the same are hereby vacated; Section 2. That said pet[tloner cause a plat to be made oP said vacated areas showing the same and giving distinctive lot descriptions to each parcel of said vacated areas; Section ». That upon the approval of said plat by the City Engineer and the City Solicitor, said vacated areas are hereby granted to the Dubuque Storage and Transfer Company as owner of all property abutting there- on and the Mayor and City Clerk are hereby authorized and directed to execute said plat and record the to execute a QnitoClaimRDeed on bea half of the City of Dubuque con- veying said areas to Dubuand deliver and Transfer Company, the same upon receipt of the costs of these proceedings, including the casts of publication; Section 4. That the City Clerk be and he is hereby authorized and di- rected to file in the office of the County Recorder a certified copy of this Ordinance; Section 5. That this Ordinance shall be in full force and effect immediate- ly upon Its passage, adoption, and publication and the recording of the plat of said vacated areas. Passed, adopted and approved this 2nd dLEO NU SCHU9ELLER Mayo CLARENCE P. WELU RAY F. KOLB RtJBEN V. AUSTIN CHAP.LES A. KIN Councilmen Attest: 7. J. SHEA City Clerk Published officially in The Tele- graph-Herald newspaper this 6th day of August, 1959. J. J. SHEA, lt. Aug. 6 Clty Clerk. Councilman Kolb moved the adoption of the ordinance. Second- ed by .Councilman Austin. Carried by the fallowing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu, Nays-None. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on Ordinance No. 46- 54. An Ordinance amending and changing the Zoning Map of the City of Dubuque, as provided by Ordinance No. 3-34, designated the Zoning Ordinance so as to change the herein described area from Multiple and Two-family Residence Classification to Business District Classification, presented and read. No written objections filed and no objectors present in the Council Chamber at 'the time set for said public hearing. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. .Nays-None. ORDINANCE N0. 46.54 An Ordinance Amending and Changing tine Zoning 'Map of the City of Dubuque, as Provided by Ordinance No. 3.34, Designated the Zoning Ordinance, so as to change the herein described Area from Multiple and Twn-family Residence District 'Classification to Business District Classification, said ordi• nonce having been passed upon first reading on July 6th, 1954 and ordered placed on file with the City Clerk for public inspection before final adoption ORDINANCE NO. 46.54 An Ordinance Amending and Chang- ing the Zoning Map of the Clty of Dubuque, as Provided by Ordinance No. 3-34, Designated the Zoning Or- dinance, so as to change the herein described Area from Multiple and Two-Family Residence District Claa- r sification to Business District Clas- sification. Be it resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning Map of the City of Dubuque, as provided 486 Regulaz Session, August 2nd, 1954 by Ordinance No. 3-34, designated the 'coning Ordinance, be and the same is hereby amended and changed by changing from its present Multiple and Two-Family Residence District Claselilcatlon to Business D1sUict Clasalficatfon, the property described as follows: Beginning at a point 66.1 lest north of the northerly line of Dodge Street on the westerly line of Bluff Street, which fa the southeast corner of Lot 1 of 2 of City Lot 698, thence northerly along the westerly line of Bluff Street to the northerly Ilne of City Lot b99; thence westerly 361.3 feet along the northerly line of Clty Lot 599 to the northwest corner of City Lot 699; thence southerly along the westerly line of City Lot 699 and City Lot 598A and extending tangent to the same line to a point one hundred feet northerly or the northerly line of Dodge 6treet, which is a point on the northerly Itne of the present bus- iness d[atrlct; then southeasterly to the southeast corner of Lot 1 of 2 of City Lot 598 on the westerly line of Bluff Street which to the point of beginning, Section 8. Thla Ordinance shall be in full force and effect from and after its final passage, adoption and pub• lication as by law provided, Introduced the 6th day of Ju]y, 1954. Rule requiring reading on three separate days suspended by unani- mous vote the 6th day of July, 1954. Passed, adapted and approved this 2nd day of August, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 6th day of August, 1969. Councilman Kalb moved the adoption of the ordinance. Second- ed by Councilman Welu. Carried by the following vote: Yeas =Mayor 'Schuelier, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, 'Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro• posals far the construction of an eight (8) inch sanitary sewer be- ginning at the existing manhole in Levi Street 252.2 feet west of the center line of Sullivan Streot, thence north 419.5 feet, thence westerly 162 feet through Lot 8 of Brockman's Subdivision to the center line of English Lane, thence north 320.2 feet along the center line of English Lane, 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 Schuelier, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. August 2, 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 August 2nd, 1954 for the construction of an 8" sani• tart' sewer beginning at the exist- ing manhole in Levi Street, 252.2 feet west of the center line of Sullivan Street, thence north 419.5 feet, thence westerly 162 feet through Lot 8 of Brockman's Sub• division to the center line of Eng- lish Lane, thence north 320.2 feet along the center line of English Lane. Attached is the tabulation of bids received, 1 recommend that the contract be awarded to Saffron Construc• lion Company who submitted the lowest bid received which was 6.95% 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 Austin, Carried by the following vote; Yeas -Mayor Schuelier, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, (Awarding Confrect) RESOLUTION N0. 26654 Whereas, sealed proposals have been submitted by contractors for the construction of an eight (8) inch sanitary sewer beginning at the existing manhole in Levi Street 252.2 feet west of the center line of Sullivan Street, thence north 419.5 feet, thence westerly 162 feet through Lot 8 of Brockman's Subdivision to the center line of English Lane, thence north 320.2 feet along the center line of Eng• lish Lane pursuant to Resolution No. 247.54 and notice to bidders published in a newspaper pub- lished in said City on July 9th, 1954 and July 12th, 1954; and I r~ : ~' t "' i 6 ~~ i ` n h k a ~;; a Regulaz Session, August 2nd, 1954 Whereas, said sealed proposals were opened and read on August 2nd, 1954, and it has been deter- mined that the bid of Saffron Con- struction Company of Dubuque, Iowa in the amount of $4,830.50 was the lowest bid for the fur• nishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, Be It Resolved by the City Caun• cil of the City of Dubuque that the contract far the above men- tioned improvement be awarded to Saffron Construction Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that up- on the signing of said contract and the approval of the contractors bond the City Treasurer is au- thorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 2nd day of August, 1954. LEO N.SCHUELLER 'Mayor CLAR.ENCE P. WEI.iT RAY F. KOLB RIFBEN 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 Schuelier, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-'None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals far the construction of a Swimming Poal to be located in Flora Park> presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Council- man Austin. Carried by the fol- lowing vote: Yeas -Mayor Schuelier, Coun• cilmen Austin, Kintxinger, Kolb, Welu. Nays-None. 487 August 1, 1954 1b the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen, The Playground and Recreation Commission met at a special meet- ing on July 30 to discuss the bids on the swimming pool and to make recommendations to the City Coun- cil as to what action they would like to make. When the amount of the bond issue was decided upon for the construction of a swimming pool the sum of $185,000.00 was used as the cost of the pool itself, In- cluding bathhouse facilities. This is a national average for pools 50 meters in length and 75 feet in width. It was also the estimate of the architect. During the time that the plans were being developed for the pool, the Recreation Commission decid- ed to increase the pool length to 60 meters, thereby also increasing the size of bathhouse facilities. It was estimated that the cost of these installations should not in• crease the cost of the pool and facilities to over $185,000.00. The Recreation Commission felt that the construction of the pool was mare important than land- scaping and walk-ways within the recreational area and that if nec- essary, they would ~be deleted till a later date, because out of the $225,000.00 bond issue, it will be necessary to construct the pool, bathhouse facilities, parking areas, sewer and water lines, landscaping and pay for the architectural fee. With the bids amounting to $201,357.00 and there being ap- proximately $25,000.00 additional expenditures for grading, sewers, and water into the pool, there are insufficient funds available to award the contracts at the bids re• ceived, It is recommended by the Playground and Recreation Cam- mission that all bids be rejected and after a revival of plans by the Arch-itect, that the work be read- vertised. Respectfully submitted, L. J. SCHILTZ, Chairman of Recreation Commission ~, i 488 Regular Session, August 2nd, 1954 Councilman Austin moved that the recommendation of Chairman Schiltz of the Recreation Commis- sion be adopted. Seconded by Councilman Kolb. Carried 'by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-JNone. Notice of Claim of William J. Meyer in the amount of $8.00 for damages to his car caused by the condition of Levi Street in front of 845 Levi Street, presented and read. Councilman Kintzinger moved that the Notice of Claim Abe referred ,to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried Eby the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Dubuque Park Board submitting attached resolu- tion adopted by the Dubuque Park Board recommending disposition of a parcel of land owned by the City of Dubuque, Iowa, 'heretofore set aside for park and pleasure purposes and described as Lot 1 of Lot 2 of Mineral Lot 38, as the same is declared unfit and unde- sirable for park purposes, and ask- ing the City Council to concur in their wishes by making this trans- action possible, presented and read. Councilman Welu moved that the recommendation of the Du- buque Park Board be approved and that proper proceedings be pre- pared. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor :Schueller; Coun• cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. Communication of Dubuque Sports Bowl Corporation making application for a permit for the holding of the Greater Olympic Circus to be held at the Sports Bowl on Tuesday, August 10th, 1954, presented and read. Council- man Kalb moved that the request be granted. Seconded Eby Council- man Welu. Carried by the follow ing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Lucille Hilde- brand submitting offer in the amount of $50.00 for the purchase of the alley abutting her property at 814 West 17th Street, presented and read. Councilman Kolb moved that the communication be re- ferred to the City Manager. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of the Board of Directors of the Dubuque Cham- ber of Commerce, on recommen• elation of the Industrial Sites Com- mittee, urging that favorable con- sideration be given to take the nec- essary steps for obtaining addition- al funds for the Dock Commission for their use in developing City Island, presented and read. Coun• Gilman Kolb moved that action Abe deferred until a meeting is held with the Dock Commissioners, Seo onded by Councilman Austin. Car ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Leonard P. Bertsch stating that he would be pleased to be notified by the City of Dubuque as to whether there is an alley adjacent to Lots 29, 30 and 31 in A. Stines Subdivision, located on the east side of Stafford Avenue near Merz Street, present- ed and read, Councilman Kintzing• er moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, Communication of Schlueter In- surance Agenc}• advising that the Excavation Bond of Linehan and Molo is no longer needed, as they will do no more excavation work, and asking that a letter of release r ~~ i j t ' i r ~I ~~ i . i~ i r ^i9~ JJJ,,~~ 6: Regulaz Session, August 2nd, 1954 489 be forwarded to their office, pre- sented and read. Councilman Welu moved that the request Abe granted and a letter of release be forward- ed as requested. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. Petition of Raymond Syke re- questing arefund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 60, as he has discontinued the sale of ciga- rettes as of July 27th, 1954, pre- sented and read. Councilman Kint- zinger moved that the request Abe granted and the City Auditor in- structed to draw a warrant in the amount of $75.00 in favor of Ray- mond Syke to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No, 60. Seconded 'by Councilman Aus- tin. Carried Eby the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of the Amvet Auxiliary Post No. 3 requesting permission to hold a tag day on Saturday August 14th, 1954, presented and read. Councilman Welu that the request be granted providing there are no conflicting dates. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of R. L. Rafoth and V. G. Miller requesting that the alley between West 28th Street and Put- nam Street running westerly from Broadway Street for a distance of 111.5 feet be vacated to the abut~ ling property owners, presented and read. Councilman Kolb moved that the petition be referred to the Planning and Zoning Commission far their recommendation and re- port. Seconded by Councilman Welu. Carried 'by the fallowing vote: Yeas -Mayon Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, August 2,1954 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On July 20, 1954, David Elgin filed a claim in the sum of $8,50 for darnages sustained to his au- tomobile when he struck a hole in the street at 2538 Elm Street in the City of Dubuque. This claim was referred to this office for in- vestigation and report. After due investigation, it ap- pears that the City of Dubuque was guilty of no negligence which would render it liable in damages to this claimant. It is, therefore, respectfully recommended that said claim be denied. Respectfully submitted, R. M. CZIZEK, Assistant City Solicitor Councilman Kintzinger moved that the recommendation of As- sistant City Solicitor Czizek be approved. Seconded by Council- man Austin. Carried by the fol• lowing vats: Yeas -Mayor Schueller, Coun- cilmen 'Austin, Kintzinger, Kolb, Welu. Nays-None. August 2, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On April 15, 1954, Walter May filed a claim in the sum of $94.02 for damages sustained by him when a clogged sewer backed up into his home. This claim was re- ferred to this office far investi- gation and report. After due. investigation, it ap• pears that the City of Dubuque was guilty of no negligence which would render it liable in damages to this claimant. It is, therefore, respectfully recommended that said claim be denied. Respectfully submitted, R. M. CZIZEK, Assistant City Solicitor Councilman Kintzinger moved that the recommendation of Assist- ant City Solicitor Czizek be ap• proved. Seconded Eby Councilman r, p...>e,. n,. w.tiw ~., r~: rs :..F"'~R'iC'F'~'e .. ~~+-~__ "r .. -. ~ '~~~ _,.~~# 490 Regular Session, August 2nd, 1954 Austin. Carved by the following vote: Yeas •- Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ' August 2,1954 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On July 19, 1954, Joe Costa filed a claim for damages sustained to his automobile when he drove over a street which had just been freshly tarred. This claim was ;re- ferred to this office for investiga- tion and report. After due investigation, it ap- pears that the City of Dubuque was guilty of no negligence which would render it liable in damages to this claimant. It is, therefore, respectfully recommended that said claim be denied. Respectfully submitted, R. M. CZIZEK, Assistam Crtq Solicitor Councilman Kintzinger moved that the reconumadation of As- sistant City Soucitor Czizek be ale proved. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. August 2, 1954 Honorable Mayor and Members of the City Counal of the City of Dubuque. Gentl:,..._... On July 13, 1954, Fred Jensen filed a claim in the sum of X23,99 for damages sustained to his auto- mobile when he struck a hole in the street on Pennsylvania Ave- nue in the City of Dubuque. This claim was referred to this office for investigation and report After due investigation, it ap- pears that the City ~ Dubuque was guilty of no negligence which would render it 1ia61e in damages to this claimant. It is, therefore, re- spectfully recommended that said claim be denied. Respectfully submitted, R. M. CZIZEK, Assistant City Solicitor i. ~ n r c .m ~.„ - ~ Pp m., ~ a,x,.wvr=.!ti#'A~M" N+sT.+nw:A`r3#M1"#9~.. . . Councilman Kintzinger moved that the recommendation of As- sistant City Soliritor Czizek be ap- proved. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Caun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Augast 2, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque Gientlemen: Un May iQ 1954, Mrs. Ethel Ma Laughlin filed a claim in the sum of $50.00 for damages sustained by her when a clogged sewer backed up into the basement of her home. This claim was referred to this otfice for imTesttgation and report. Aftre due investigation, it is the opinion of this office that the claimant has a justified claim. 1t is therefore, respectfully recom- mended that said claim be paid and, that the Auditor be instruct- ed to draw a warrant in favor of Mrs. McLaughlin, to !be delivered to her upon the execution of a proper release. Respectfully submitted, R. M. Czizek Assistant City Solicitor Councilman Kintzinger moved that the recommendation of As- sistant City Solicitor Czizek be ap- proved and the Citp Auditor in- structed to draw a warrant in the anmunt of $50.00 in favor of Sirs. Ethel McLaughlin, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a prop- erly executed release. Seconded by Councilman Austin. Carried 'by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, welu. Nays-None. August 2,1954 Honorable Mayor and Members of the City Council ad the City of Dubuque Gentlemen: On Jwne 1, 1954, Merle I. Hunt filed a claim in'the sum of $T5.0(I for damages sustained by him when a clogged sewer backed up into the basement of his home. Regular Session, August 2nd, 1954 491 ,, .p 9 ~, ~, , Y This claim was referred to this office :or investigation and re- port. After due investigation, it is the opinion of this office that the claimant has a justified claim. It is, therefore respectfully recom- mended that said claim be paid and that the Auditor be instructed to draw a warrant in favor of Mr. Hunt, to be delivered to him upon the execution of a proper release. Respectfully submitted, R. M. CZIZEK, Assistant City 'Solicitor Councilman Kintzinger moved that the recommendation of As- sistant City Solicitor Czizek be ap- proved and the City Auditor in- structed to draw a warrant in the amount of $75.00 in favor of Merle L Hunt, as settlement in full ~ his claim, and that said warrant be delivered upon receipt 'by the City of Dubuque of a properly executed release. Seconded by Councilman Austin. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolh, Welu. Nays-None. Council Proceedings for the month of October, 1953, presented for approval. Councilman Austin moved that the Council Proceed• lugs for the month of October, 1953, be approved as printed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor ,Schueller, Coun- cilmen Austin, Ifintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were issued for the month of June, 1954. Council- man Kolb moved that the proof of publicat5on be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -MayorSchueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. July 27, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of John R. Manlson and others requesting the City to open the alley between Muscatine and Burlington Street west of Na- tional Street was referred to the City Council to view the grounds. The decision of the City Council after viewing the grounds was that if the adjoining property owners along this area will relieve the City of any expenses, damages, or the rebuilding of retaining walls, the request will be granted. I recommend that the decision of the City Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Austin. Carried by ,the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Dubuque, Iowa July 29, 1954 To the Honorable Mayor and City Council of Dubuque, Iowa We, the following property own- ers, of Park Hill Addition and Fair- mont Park Addition of the City of Dubuque, Iowa, agree that the City of Dubuque is in no way liable to our property, for the purpose of grading the alley at the end of the 2900 block between Muscatine and Burlington Streets. John R. Maulsan Harriet A. Gauvin Al Sfowey Frank W. Atkinson William Robert Frederich, Sr. Walter O'Mara Councilman Austin moved that the petition be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote; Yeas -Mayor Schueller, Coun• cilmen Austin, Kin#zinger, Kolb, Welu. Nays-None. July 27, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Mr. and Mrs. Les- ter Lynch and others requesting the City to grade, terrace, and sod the alley boarding lots i4, 15, and 16 on Solon Street and 9, 10, and ~~1 ~ s. 492 Regular Session, August 2nd, 1954 it on Langworthy Avenue was re- ferred to the City Council to view the grounds. The decision of the Council upon viewing the grounds was that the alley is of no public benefit and recommends that the public own- ers petition for vacation of this al- ley and they can then improve the back parts of these lots as they see fit. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz he approved. Seconded by Councilman Kintzinger. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, welu. Nays-None. July 27, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of John Haferbeck- er regarding the alley running east from Davenport Street and ad- jacent to his property on Stoltz Street was referred to the City Council to view the grounds. The decision of the City Council after viewing the grounds was that if Mr. Haferbecker desired to con- struct aretaining wall on the north side of the alley adjacent to his property, and along the travel area, the filling materials would 'be hauled in .by the City to widen the area. I recommend that the decision of the City Council be confirmed. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays--Nave. July 27, 1954 To the Honorable Mayor, and City Council, Dubuque, Iowa Gentlemen: The petition of Vincent P. Jes• tice regarding the drainage of surface water off his property was referred to the City Council to re- view the grounds. After viewing the grounds for discussion of this problem, the decision of the Council was that the outlet storm sewer from the catch basin at the intersection of Nebraska and McPoland 'Streets be extended to the main storm sewer at Fairfax Avenue. I recommend that the decision of 'the City Council be. confirmed. Respectfully submitted, L. J. SCIiII,TZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays--None. July 22, 1954 To 'the Honorable Mayor, and City Council, Dubuque, Iowa Gentlemen: The petition of Joe Bush and others for the erection of a stop sign at the intersection of 15th and Cedar was referred to •the Traf- fic Department for their recom- mendation and also the petition re• garding a street light at this inter- section was referred to the City Manager and Electrical Inspector for investigation and report. The Traffic Department has made a study of the traffic at this intersection and shows that the traffic is comparatively light. There has been four accidents at this corner over a three year period. It is recommended that the pe- tition be denied regarding the in- stallation of a stop sign. LZ regard to the installation of a street light, it is recommended that lights be installed at the in- tersection of 14th and Maple, 14th and Sycamore, 15th and Cedar, 15th and Sycamore. Respectfully submitted, L. J. 'SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man• ager Schiltz far the installation of street lights at the intersection of 14th and Maple, 14th and Syca• ~~ i ': t 1 Regular Session, August 2nd, 1954 493 more, 15th and Cedar, and 15th and, Sycamore be approved and that the recommendation of City Manager Schiltz that a stop sign be not erected at the intersection of 15th and Cedar Streets be re- ` ferred to the City Council to view the grounds. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. , Nays-None. ~ti July 27, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: • The petition of F. J, Glab and others between the line west of Seminary Street between Avoca and St. Ambrose Street to grade and surface the alley between Seminary and Sunnyview Drive was referred to the City Council to view the grounds. The City Manager was instruct- ed to advise the petitioners as to ~ ; the condition existing in this alley and the povsibility of future dam- ages if the alley were constructed. I have conferred with the peti- tioner who prepared the petition explaining all of these conditions and he requested that under the circumstances, it should be best to leave the alley in its present con- dition. Respectfully submitted, L. J, SCHII,TZ, City Manager Councilman Kalb moved that the communication of City Manager Schiltz be received and filed. Sec- onded by Councilman Austin. Car- ried by the following vote: i Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. August 2, 1954 To the $onorable Mayor, and City Council, Dubuque, Iowa Gentlemen: I have a request from the Chief of the Fire Department, Thomas C. Hickson, for permission to attend the International Fire Chief's Con- ference in Houston, Texas, from October 18th to the 21st. I recommend that the chief Abe authorized to attend this meeting with his expenses paid by the City of Dubuque. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. 6ecanded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. August 2, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I am attaching a copy of a plat of lot 1 and 2 of partially, vacated West and Finley Streets, vacated by action of the City Council under Ordinance 52-54. I recommend that the Mayor and City Clerk be authorized to sign this plat on behalf of the City of Dubuque. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 52.54 An Ordinance Vacating portions of West and Finley Streets and authorizing the conveyance of said vacated portions, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. Councilman Kolb moved that the rule requiring reading on three separate days be waived. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays~None. i ll I 494 Regular Session, August 2nd, 1954 Councilman Kolb moved that a public hearing be held on the or- dinance on August 24th, 1954 at 7:30 P.M. daylight saving time in the Council Chamber and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Austin. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, August 2,1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentl~...~:.,.: A list of properties containing lots of IO acres or more is submit• ted to the City Council by the City Assessor. According to our city ordinance an application for tax exemption on agricultural or horticultural land of 10 acres ar more must be submitted to the City Council be- fore the land is approved as agri- cultural load. Marked on the list with a blue check are those properties that have requested tax exemption far agricultural land. I have had the City Assessor re• view some of these applications and it is my opinion that those properties which I have marked with a red X would be ineligible far this exemption. There is also one piece of prop- erty on which an exemption was not requested, that is definitely agricultural land. This is 5u~b. of Mineral Lot S---Lot 1 owned by the Michael Koppes Estate. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Welu moved that the fist as submitted by City Man- ager Scniltz be approved. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas. -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. August 2, 1954 To the Hmnorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise you that the construgtion of an 8" sanitary sew- er in Keokuk Street from a paint at the intersection of the cemter line of Primrose Street and Keo- kuk Street to a point on the south line of Keokuk Street 17 feet from the westerly line of Primrose Street and aver easements now owned by the City of Dubuque in Lots 99, 100, 101, 102, 103, 104, and 105 all in McDaniel's Park Hill Ad- dition in the City of Dubuque, Du- buque County, Iowa has been com- pleted by the Larson Construction Company in accordance with the plans and specifications. I, therefore, rernmmend the ac- ceptance of this work. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Couucilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintainger, Kolb, Welu. Nays-None, RESOLUTION N0. 267.54 Resolution aaepting Sari#ary Sew• er Constructed in Keokuk Street pursuant to Ordinance No. 39.54 b~ Julia Heuser. Whereas under the provisions of Ordinance No. 39.54 Julia Heuser has constructed a sanitary sewer in Keokuk Street; and Whereas the City Engineer has inspected the same and the City Manager has recommended its ac- ceptance; and Whereas the permittee under said Ordinance has tiled with the City Council a certified statement showing that all amounts paid out by them in connection with the construction of said sewer amount to $1,888.50. Now Therefore Be It Resolved By The City Council Of The City Of Dubuque: Section 1. That said sewer is hereby accepted Eby the City of Dubuque and that the same be i Ja Regular Session, August 2nd, 1954 495 hereafter a public sewer under the exclusive charge and control of the City of Dubuque; Section 2. That the acceptance of said sewer by the City of Dubuque and the establishment of the same as a public sewer shall not be con- strued to relieve 3utia Heuser from their obligation to keep said sewer in goad repair for a period of not Iess than two years from the date of this Resolution, as provided in Ordinance No. 39-54. Passed, adopted and approved this 2nd day of August, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-Norte. RESOLUTION N0.268.54 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 issaed upon the compliance with the terms of the ordinances df this City. CLASS "B's PERMIT Name Address Mrs. Margaret C. Busch, 1379 Cen- tral Ave, Harry J. Murphy and Dorothy Mur- phy, 1097 3ackson St. Mrs. Josephine Nicks, 103 East 22nd St. Joseph J. Weiner and Evelyn Wei• ner, 709 University Ave. CLASS "C" PERMIT Harold 0. Specht, 3063 Asbury Road Louis O'Meara, 1655 Delhi Street Pas';ed, adopted and approved this 2nd day of August, 1954. LE4 N. SCHUIIJ~7R Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A, KINTZINGER - Councilmen Attest: J. J. SHEA, City Ckrk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Rolb, Welu. Nays-None. RESOLUTION N0. 464.54 Whereas, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approve al 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 Man- alter Abe and he is directed to issue to the following' named applicants a Beer Permit. CLASS "B" PERMIT" Name Address Mrs. Margaret C. Busch, 1379 Cen- fraI Avenue Harry J. Murphy and Dorothy Mur• phy, 1097 Jackson St. Mrs. Jospehine Nicks, 103 East 22nd Street Joseph J. Weiner and ~elyn Wei- , ner, 749 University Avenue CLASS "C" PERMIT" Harold 0. Specht, 3903 Asbury Rd. Louis O'Meara, 1(156 Delhi St. Be It Further Resolved-that .the bonds filed by such applicants 'be and the same are hereby approved. Passed, adopted and approved this 2nd day of August, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KHdTZINGER Councilmen Attest: 3. J. SHEA, City Clerk • sw, .. ~, _z a. w.a:ve~;T;m^~x~~~tlhtiPw~+~er, ~., 496 Regular Session, August 2nd, 1954 . ~~ Councilman Kolb moved the adoption of the resolution, Second• ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 270.54 Preliminary approval of pro• posed plans, specifications, form of contract, plat and schedule, includ- ing valuations appearing thereon, and all other documents for the im• provement of Shields Street from the north property line of Dodge Street to the south property line of Jones Street with concrete pave- ment, estimated cost $8,665.84, pre• sented and read. Councilman Kolb moved the adoption of the resolu- tion. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 271.54 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now an file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as• sassed together with a valuation Mixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6, In each case the amount thereof which is estimated to be as- sessed against each lot, for the im• provement of Shields Street from the north property line of Dodge Street to the south property line of Jones Street with concrete pave- ment. Be It Therefore Resolved that the City Couneil on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections there- to. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now an file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis• tance provided by law and in an amount not .to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Street improve- mentfunds or sewer funds, or part- ly out of each of said funds. Bonds shall be issued and sold in antici- pation of deferred payments of as• sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to sand paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of August, 1954. Approved and placed on file far final action, Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KTNTZIlVGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved that the resolution be approved and placed on file with the City Clerk for public inspection for at least one week before final adoption, Sec- onded by Councilman Austin. Car- ride by the following vote: Yeas -Mayor Schueller, Coun- k- 1 Regular Session, August 2nd, 1954 497 cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0.272.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 270.54 given its pre• limin~ary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Shields Street from the north property line of Dodge Street to the south property line of Jones Street with concrete pave- ment and, Whereas, the proposed Resolu• tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 24th day of August, 1954, a public hearing will be held at 7:30 o'clock P.M, daylight saving time in the Council Chamber 'in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make ab- jection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to 'be pub- lished in same newspaper pub- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at. the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all ob• jections thereto, at which hearing the Council will hear such obje~- tions and enter on record its final decision thereon. Passed, adopted and approved this 2nd day of August, 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 Kalb moved the adoption 'of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas - Mayor 'Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. August 2,1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Attached hereto is the report on the proposed Community Tele- vision System for the City of Du• ~buque as prepared+by George Town and William Hughes. This report is the result of an in• vestigation by disinterested engi- neers as requested Eby each compa• ny and to be paid far equally by each company. Respectfully submitted, L. J. SCHILTZ, City Manager The report of George R. Town and Wm. L. Hughes on the Pro• posed Community Television Sys- tam far the City of Dubuque, Iowa, was taken up for discussion. A very lengthy discussion was held on this matter which was participated in by Messrs. Town and Hughes, the representatives of DubuqueJerrold Television Cable Corporation and their Attorney., also the Dubuque Community Television Cable Cor• goration and their Attorneys, also the City Council, the City Manager and City Solicitor. Councilman We1u moved that the matter of awarding a Commun• ity Television Franchise be post- poned until the City 'Solicitor pre• sents for Council consideration a complete Franchise Ordinance. Seconded by Councilman Kolb. Curied by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ,.. ~ • ~,~ :~ , ~ , v 498 Regular Session, August 2nd, 1954 There being no further business Councilman Austin moved to ad- journ. Seconded by Councilman Ko-b, Carried by .the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzfnger, Kolb, Welu. Nays--None. '. J. J. SHEA, City Clerk Approved ....................................1954. =f Adopted ......................................1854. Councilmen: ................................ Attest : ................................... City Clerk ..~,...RO.,..,...,...,,,.,._...,~~~.,~r~~,~~~~~-.~~ ,,,~ Special Session, August 5th, 1954 499 CITY COUNCIL (OFFICIAL) Special Session, August 5th, 1954. Council met at 7;30 P.M. Present--Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb. Welu, City Manager Schiltz. Meeting called by order of Mayor Schueller. Mayor Schueller read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering a Community Televi- sion PY~anchlse. Mayor Schueller, City Hall Dubuque, Iowa The Town of Athol, Mass. after three months of study has awarded a franchise to Mohawk Valley Tele• vision, Inc. who are using 3errold equipment. This decision was made despite opposition of prominent 1o- cal group allied with SKL. Decision !;; was based on superiority of equip~ inert and belief that Mohawk and ' ~ ` Jerrold will furnish best and most reliable service. James B. Wright, President, Mohawk Valley Television Inc. ouncilman Welu moved that telegram be received and filed. >nded by Councilman Kolb. ried by the following vote: eas -Mayor Schueller, Coun• wen Austin, Kintzinger, Kolb, u. ays-None. Dubuque, Iowa August 5, 1954 the Honorable Mayor and Council and City Manager Duque, Iowa ~tlemen: his letter is to confirm our ement made at the August 2nd a-cil meeting relative to the re- ~nship between Du~buqueJer- l Television Caible Corporation Jerrold Electronics Corpora i if a franchise is granted to Duque-Jerrold Television Cable poration . Jerrold Electronics Corpora- l will engineer the system, sup- the equipment and install it strict compliance with the Fran• se specifications. Jerrold Electronics Corpora- l will enter into a management agreement with DubuqueJerrold Television Cable Corporation and will supply experienced manage- ment and technical personnel along with the local manager and local personnel who will 'be thor• oughly trained in our school at Philadelphia, 3, Immediately upon the grant- ing of the franchise to Dubuque- Jerrold Television Cable Cargora- tion it will deposit the sum of $250,000.00 in a local bank here in Dubuque with which to commence rnnstruction, and will deposit such additional sums as may be needed from time to time to build and complete the system within the time prescribed in the franchise. Sincerely, Jerrold Electronics Corporation ay Milton J. Shape President Dubuque-Jerrold Television Cable Corporation by Milton J. Shape President Councilman Welu moved that the communication be received and filed. Seconded Eby Councilman Kolb. Carried by the following vote: Xeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, To the Honorable MMayor and City Council of the City of Dubuque, Iowa. Ia line with its determination to hest serve the long term best in- terests of this community, Au- buque Community Television Cable Corporation has been negotiating with Station WDBQ for the use of a closed channel for local pro- gramming 6y that forward-looking station. This channel would be fur- nished on the broad band system proposed, in addition to six sepa- rate channels for regular station use. The public would then have its choice of programs from six separate 'and established broadcast stations plus local programs of spe• vial events and particular local in- terest, all simultaneously avail- able, In our proposed broadband system this channel for local use wlll ~be always available without the necessity of dropping any of the six regular stations presorted for the subscribers choice. In fact this local channel can be given iA 500 Special Session, August 5th, 1954 addition to all the eleven other channels which may be utilized in the future. Such a service would fill 'a very real need in the com- munity and have most if not all of the advantages of a complete local television station. Confirming the foregoing state- ment, aletter from Station WDBQ is attached hereto. This council has already learned of the unique advantages and splendid performance of our pro- posed system from exhaustive long term field tests such as the Philco corporation experiment at Burk Hills Falls, Pa., the free and con• sidered choice of experienced op• erators at Stroudsburg, Pa. and Aberdeen-Hoquian, Washington, who have switched to our broad band system from the system pro posed by the competing applicant, recognized practical authorities such as Gaston Gaudette, chief Line Engineer, of Bell Telephone Company of Canada, and from per- sonal inspections of this council of communities using the systems proposed by each applicant. In addition to that information, there is submitted herewith a let- ter from 'Dr. Richard Webb of the University of Denver who has made extensive tests of each sys- tem together with formal system Guarantee which has been given to this applicant by the manufacturer of the equipment to be furnished and installed under that manufac- turers direct supervision. In addition to the foregoing in- formation supplementing its appli- cation for franchise, this applicant, by authority of its board of direc- tors, hereby submit the following statement of policy: In the event of the granting of a franchise to it, it shall 'be the rnmr pony rule and policy that it shall not engage in the sale or service of television receivers and all re- hail television dealers in the City of Dubuque shall, if they so de- sire have equal opportunity to sell cable subscriptions to the public, The Company shall at all times maintain a separate and independ- ent warehouse and office for the operation of its business. Respectfully submitted, Dubuque Community Television Cable Corporation By G. Joseph Miller President Councilman Welu moved that the communication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. August 5, 1954 Dubuque Community Television Cable Corporation Dwbuque, Iowa Gentlemen: This will confirm your confer- ence of yesterday with our manag- er, Mr. James King, and your con• ference today with our Board of Directors relative to our use or leasing of your proposed closed channel for fhe televising of local special events. Our station has had a long stand- ing policy of endeavoring to offer the best coverage in the radio field. The use of your closed chan- nel for televising local events is of real interest' to us and offers an opportunity to our company to implement and improve our serv- ice to this community. We shall be pleased to meet with you and continue our nego• nations to the end that a mutually satisfactory arrangement can be agreed upon. Very truly yours, Dubuque Broadcasting Company By Charles T. Landon President July 21, 1954 Mr. H. F. Reynolds c/o Kenline, Roedell, Hoffman & Reynolds Bank and Insurance Building Dubuque, Iowa Dear Mr, Reynolds: Upon returning from my vaca• tion, I found your letter of June 30, 1954 concerning the selection of equipment for a community television system. I regret that the management of the University has asked us to enforce 'a long established policy of avoiding situations wherein the Special Session, August 5th, 1954 SO1 University, through its faculty, can be construed to be acting as an adviser in the choice of commer- vial goods. I can say this much however, that we have had experience with both narrow and wide band sys- tems and that many advantages can ~be cited for both arrangements as well as disadvantages. The faults of the two .methods are gen- erally different and in my opinion of the overall situation, neither system stands out above the other. Very truly yours, Denver Research Institute Richard C. Webb Senior Research Engineer SYSTEM GUARANTEE Spencer-Kennedy Laboratories, Inc. of Cambridge, Massachusetts, hereinafter called SKL, in consid- eration of the purchase by Du- buque Community Television Cable Corporation, hereinafter called Du- buque Community, of SKL com- munity television equipment, here- by tenders to Dwbuque Communi- ty the following absolute and un- qualified System Guarantee. SKL guarantees that the complete community television distribution, system, the installation, operation and maintenance of which will be directly supervised ~by SKL, wIIl provide, 'in the City of Dwbuque, ~` Iowa, picture signals at each out- let essentially the same as the pic• °+: lure signals at the antenna ter urinals, both as seen an a good tel- evision receiver of modern design Inasmuch as comparison of picture quality is almost entirely a subjec• five matter, and because the quali- ty of the picture as received by the antenna may vary from time to time, it is specified that any de- termination of picture quality, if desired under the above guarantee, shall be the majority decision of at least five impartial observers-two appointed by Dubuque Community, two appointed by SKL, and one chosen by the two pairs of ap- pointees. Dated at Dwbuque, Iowa, this 3rd day of August, 1954. Spencer-Kennedy Laboratories, Inc. By Fitzroy Kennedy President Councilman Welu moved that the rules 'be suspended for the purpose of allowing the represen- tatives of the DubuqueJerrold Tel- evision Cable Corporation and of the Dubuque Commnunity Televi- sion Cable Corporation to address the Council. Seconded by Council- man Austin. Carried Eby the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Korb, Welu. Nays-None, Attorney Hal Reynolds, Attorney for Dubuque Community Televi- sion Cable Corporation, and At- torney M. M. Cooney, Attorney for Dubuque-Jerrold Television Cable Corporation, addressed the Coun- cil stating the status of their Arti- cles of Inwrporation. Councilman Austin moved that a period of ten years be inserted in the proposed C~..,...unity Televi- sion Franchise Ordinance as the number of years that said Ordi• nonce shall be in force and effect with the usual features for peti- tioning for a renewal of Franchise Ordinance. Seconded by Council- man Kobb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Rolb, Welu. Nays-Nave. Councilman Austin moved that the amount of Bond provided for in Section 19 of the proposed Com- munity Television Franchise Ordi- nance be placed at $5D,000.00. Sea onded by Councilman Kintzinger. Carried 'by the following vote: Yeas -Mayor Schueller, Cown- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, Councilman Welu moved that Section 20 of the proposed Com- munity Television Franchise Ordi- nance shall read as 'follows: The Company or its affiliates shall not engage in the sale or servicing of television sets or parts thereof within the City during the term of this franchise, nor shall it discrim- inate between persons engaged in such sales or servicing or their customers, in the exercise of the powers granted under this fran- SO2 Special Session, August 5th, 1954 chlse. Seconded by Councilman Kolb, Carried by the following VOte: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Kintzinger moved that both franchises be certified hl the electors of the City of Du• bogus for their decision at the polls. Seconded Eby Councilman Austin. Motion lost by t}ie foll~w- ing vote: Yeas - Councilman Austin and Kintzinger. Nays--Mayor Schuellt>t', Councit- rnen Kolb and Welu. Councilman Welu moved that the Community Television Fran- chise be granted to the Dubuque Community Television Cable Cor• poration, Seconded by Councilman Kolb. Carried by the following YOtC; Yeas - Mayor Schueller, Coun- cilmen Austin, Kalb, Wetu. Nays-Councilman Kin'tzinger. ORQINANCB N0. S3.54 Community Television Franchise, An Ordinance granting to Du- ~buque Community Television Ca- 'ble Corporation, An Iowa cor- poration, its successors and as- signs, the right to erect, maintain a'nd operate transmission and dis- tribution facilities and additions thereto, in, under, aver, along, across and upon the streets, lanes, avenues, sidewalks, alleys, abridges, highways, and other public places in the City of Dubuque, and subse- quent additions thereto, for the purpose of transmission by cable and distribution of television im- palses and television energy for sale to the inhabitants of said City, and otlter purposes, fora period of 10 years, and regulatiltg the same; 'providing for the swbmission of said Ordinance to vote off the legal voters of said City for approval, and providing terms and condi- tions of said Franchise, presented and read. Councilman Kolb moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Councilman Welu. Carried by the following kOte: Yeas-Mayor Sehueller, Council- men Austin, Kolb, Welu. Nays--Councilman Ifintzinger. Q. ~ ~„ rm•~z,~,~aer~~~~~v~~~ ~,.- Councilman Kolb'moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Welu. Carried by the fal- lowing vote: Yeas-~M~ayor Schueller, 'Council- men Austin, Kolb, Welu. Nays-Councilman Kintzinger. ORDINANCE N0. 58.54 COMMUNITY TELEVISION FRANCHISE An Ordinance granting to Dubuque Community Taleviaion Cable Corpora- tion, an Iowa corporation, its suc• Censors and assigns, the right to erect, maintain and operate transmission and distribution tacilitles and addi- tions thereto, In, under, over, along, across and upon the atreeta, lanes, avenues, sidewalks, alleys, bridges, highways, and other public places in the City of Dubuque, and subsequent additions thereto, for the purpose of transmission by cable and distribu- tion of television Iropulaes and tele- vision energy for sale to the inhabi- tants of sold City, and other purposes, for a period of 10 years, and regulat- ing the same; providing for the sub- misaton of said Ordinance to vote of the legal voters of said Cite for ap- proval, and providing terms and con• silicon of said Franchise. Be It Ordained By The City Coun- cil Ot The Cityy Ot Dubuque, Iowa; Section 1. In consideration of the faithful performance and observance of the conditions and reservations hereinafter specified, the right fa ~~y le,rvwon caure uorporarton a corporation organized under the laws of the State of Iowa, its successors and assigns, hereinafter referred to ae the 'Company" the right to erect, maintain, and operate televtalon trans- mission and distribution facilities and additions thereto irt, under, over, along, across and npan the atreeta, lanes, avenues, sidewalks, alleys, bridges, and other pubnc places ml the City o[ Dubuque and subsequent additions thereto, for the purpose of transrofssion and distribution oP tele- vlaion Impulses and telavlslon energy to accordance with the Lews and regu- :ationa of the United States Cf Ameri- ca and the State of Iowa, and the Ordinances and regulations of the City of Dubugue, for s period of 10 years, following the fulfilment of Section 2E hereof; Section 8. Wherever used in this Ordinance the word "television" shall mean a system for simultaneous tranamisalan pf audio signals and transient visual Images by means of electrical impulses; Section 3. Tke pales used for the company's distributon system shall be tltaae erected and maintained by the Northwestern Bell Telephone Company, or the fiterstate Power Company, when and where practic• able„ providing mutually satisfactory rental agreements can be entered Into with said Company. Sectlon 4. The Company's trans- mission and diatribntibn system, poles, ~wlras and appurtenances, shall be ilocated, erected and maintained so as, not to endanger or Interfere with the lives of persona, or to interfere wikh any impravemente the City may deem ~, to make, of to annecesearily ~iiniier or obstruct the free use of the atreeta alleys, bridges or other public property, The City Council, under reasonable regulaUona reserves the right to ve- gqnire the ~ompany to place its con- d11Ct01't uadenrround and to deslenate I Special Session, August 5th, 1954 ~ 503 t1f~ distrlete in wh7Cri suen wbrx snap be performed, and also 60 order the removal or relocation of poles, wires and other appurtenances erected by the Company whenever, in the ludg- meat o[ the Clty Council, such action ib necessary in the public fntereat, and the Company shall forthwith comply wnh any and all instructions and dlrectlves In such matters at its own expense, Construction and malntenance of the transmission distribution system, including house connectioha shall be !n accordance with the provisions of the National ElectMcal Safety Code, ' prepared Ay the National Bureau of Standards, the National Electrical Code of. the National Board of Fire Undeewrlterb, and suck applicable ordinances and regulations of the City of bubugae attesting electrical ih- stallatlona which map be presently, 1n affect ar map be enacted 6y the City Council of the City of Dubuque. Installation and house drop riaCd- wart shall be unilorm throughout the Clty except that the Company shall be tree to Change Ira hahdware and Installation procedure ae the art yrogresaes, provided such changes have been approved by the City Elec- trical Inspector. $eCUon 5, In rho maintenance and. 6 eratlon of Its television transmia-'' slog and distribution system In the streets, alleys and other public places, and in the course of any new con• atructloh 6r addition to its facilities,' the Company shall proceed so as to cause the least possible inconvenience to the general public; any opening or obatruCtlon In the streets or other public planes, made by the Companyi n the course of lta operations, shall ' be guarded and protected at all times by the placement of adequate bar- riers ,fences, or boardinga, the bounds of which during periods of dusk end darkness shall be Clearly dealgnated by red warning lights. Whenever the Company shall take up oh disturb any pavement, sidewalk, ,tl or other Improvement of an street, avenue, alley of other public picas, the same anal] be replaced and the r~` surface restored in as good condltibn as before entry within forty-eight (98) hours after completion of the Com- pany's work. Upon the failure bf the Company to make each testoratIon within anch time, or to begin such restoration within ouch time, if the restoration cannot be made within such time, or upon the Company's delay of more than twenty-four (24). hour9 Iri the continuation of a res- toration begun, the City may serve upon the Company notice of the City's intent to cause the restoration to be made and, unless the Company within twentytbur (29) hours after receipt or such notice begins or resumes the restoration, the City may cause the proper restoration to De made, inblud• ing the removal of excea9 dirt, and the expense of same snail be paid by the Company upon demand by the City. The Company shall at ali times comply with any and all rules and regulations which the City has made, 1 ?. or may make applying to the publlcl generally with reference to the re- mbtal Or replacement of pavements and to ezoavatldne in atroets and other public places, not Inconsigtent l with their uee for the purposes con- templated In this Ordinance, Section 6, Tho Company shall Maintain its attachments on pores that the City now uses, or had been authorized by other franchises now 1n farce or hereafter enacted to use, in soon manner that it will not inter~ fare with the use oY such poles by 'tile CItY. oeenon ~t. rn cuna:aeracton or cna ,rights granted In $action 1 hereof, tfle Company agrees and D1nda itself to extend Ito lines and to ebrvb any And al] applicants for television service whose dwellings or places of buelaeae are :nested in the City of Dubuque and w•ho in good faith have entered Into ar signified their wlllingnealr to enter into a contract for such tele- vision service, except that the Coro• pan}' shall not be required to eatsgqd Its line in order to serve any appli- cant If it requiree the lnatallation of additional poles in or Ar to do eo, Sectlon 8. The ~ompany ahgll have the right to prescribe reasonable aerVice ruleb and tt''egnlatldna [br the concoct of tb Dusinesa ndt igCdri In- tent With t~e provlbiona of this ~t- dinance and a Cbppy of buck betWide rules and regulatlonb shall be kept on file at all Umeb witri fhb Clly clerk. Section 9. All rateb, and Oriargee exacted by the Com any ariall bed fair, reasonable and ~ust: Section 10, Trie Companyy 6ha11 prb• vide a minumum of rive (5) channels available to Its cuetomeCb at any One' time, provided batlbtactory teCepplion of a minumum bt five bhannelb is available 1n the area. Section il, The Company shall main- tain Its service in abeordanoe with • sucri reasonable standards -sgarding uniformity of transmission, input, rme, noise levelb, and bhannel s1y'Yhal ;voltages as the City Council bhall, from time to time eatablleh, Fot the purpose of implementing th6 terms oY this 9ecUon tae Company 6ha11 provide, without charge, adequate teat equipment to perform periodic testa to determine whether boob standards are being complied with and shall cooperate with the City, or its official representatives In oon• ducting each testa. Tha company further agrees to Day such reasonable tees for such testa and and for in•~ stallation inspections ab fhb Clty Council may atom time to titAt es• foolish. Section 12. The Company's disttl•', buUon system shall cdntorm to trio requirements of the Federal Cbmmu• lcatlona Commleatoh, particularly with respect to freedom from tpu$CUa 'radiation. Section 19. The antenna and ft• receiving equipment eriall be instalhd and maintained eo as to give a rea- Isonably noise flea picture 6n tech chSaection 19, The tnatallatlon Andy malntenance of equipment eriall be such that n6 obfedti noble inter. modulation dlatortlon will tlCCUt, ' Section 15. Installation and ma~n- Itenance elf aqulpmbrit shall bt su¢~I that standard NTSC color alg'nsia shall be transmitted to any s~tb.' scriber receher without obieCtlonable picture degratatlon. Section 16. The dietrlbutbn syeterol of the Company to 6e hereafter m- etalled shall not be abandoned, eith- er in whale or in Part, witnout the consent of the City Counclh to the event of the failure of the Company to render community televlalon serv- ice to the City of Dubuque and the Inhabitants therof, ae contemplated and provided for by this Ordinance, ,and particularly Section 1 hereof, 'within a period of one year from the effective date of this Ordinance, the City Council shall bare the right, on reasonable notice to the Company, to scalars this Ordinance and the rlghtb and tranchiae granted thereunder tor• Iteited; provided, however, faliura to comply wlfh the terms of Section 1 Dereof Dy reason of causes beyond tDe fesaopable control of the aom• ~ illllll 504 Special Session, August 5th, 1954 "ii pony, whicfi could riot be adifclpated - at the time at the acceptance of Sts j terms by the Company, shall not be aufflcfent grounds to declare afor-~ feiture. Section 17. The Company shall in- demnify and hold the City harmless at all times during the term of this grant; from and against all claims for Injury or damages to persons or' property both real and personal caused by the construction, erection, operation or maintenance of any structure, equipment, appliance, or Iproducte authorized or used pursuant to authority of this Ordinance. i ' The Company shall carry msuran¢e' ' in such form and in sash companies 'am shall be approved by the City Manager of the City of Dubuque to protect the City and itself from and against any and al] claims for in- jury or damages to persona or' property, both real and personal, caused by the constructon, erec- lion, operation or maintenance of, j any structure, equipment, appliance I or products authorized or used Pur- i easel to authority of this Ordinance and the amount of such insurance } against liability due to damage to property shall be not less than One Hundred Thousand Dollars ($100,000), as to any one person, and Two Hun- ~ dred Thousand Dollars ($200,000), as r i to any one accident and against llabnlty due to injury or death of ~ ]ors ($1 0 OOO~uas r to anp cone per- t son and Three Hundred Thousand ~ ($900,000) as to any one accident. j The Company, upon receipt of due notice in writing from the City, shall defend at Its own expense, any ac- lion or proceedings against the City of Dubuque in which it is claimed that the injury arose from the Com- pony's activities In the operation of~ Ito televialon system. Section 18. The Company s h a ] l grant to the Clty, free of expense, joint use of any and all poles owned buy it for any proper municipal pur•' pose acceptable to the Company Insofar as may be done without in- terfering with the free use and en- joyment of the Company's own wires and liaturea, and the City shall hold the Company harmless from '.any and all actions, causes of action or damages caused by accruing di- redly or indirectly by or through the placing of the City's wires or ap- purtenances upon the poles of the Company. Proper regard shall be giv- en to all ealating safety rules gov- erning construction and maintenance in effect at the time of construction.' Section 19. Upon termination or forfeiture of this Franchise, in ac-'. cordance with any of Ira terms, the Company shall, within a reasonable time, remove its cables, wires and appllancea from the City streets,, lanes, avenues„ sidewalks, alleys, bridges, highways and other public places within the City and aubse-~ quent additions thereto. In the event of the failure of the Company to perform the obligation of the brat sentence of this Section, the City shall have the right to make a written demand on the Company Yor such performance and In the event f of the failure of the Company to proceed to carry out the removal of such equipment within thirty (30), days from the date of such demand to proceed with such. removal ez- pedit[ously, the .City shall have the right to remove the same and retain it as the City's property, without ac- counting therefor to the Company and the expense of such removal shall be charged to and paid by the Comnam, without credit for the, value, if any, of the eruipment re- moved by the Cil.y, At the time this Franchise becomes effective the Company shall furnish a bond to the City in the amount of $50,000.00, in such form and with such sure- ilea as shall be acceptable to the City, guaranteeing the payments o[ all sums which may, at any time, become due from the Company to the City under the terms of this Fran- chise (except such sums as are covered by the insurance provided Iin Section 17 hereof) and also the repayment to the customers of the Company of the unearned value of anS deposits or connection charges exacted by the Company. ~ Section 20. The Company or its affiliates shall not engage In the ea]el or servicing of televialon sets ar parts thereof within the Citc during the term of this franchise, uor aha]]~ it discriminate behveen persons en- gaged in aueh sales or servicing or their customers, in thb exercise of thei powers granted under this Franchise. Section 21. If the Company shall fail to comply with any of the pro. vis[one oP this Franchise, or default in any of its obligations, except for! nausea beyond the reasonable control of the Company, as provided in Sec- tion 16 hereof, and shall tail, with. 'in thirty (30) days after written no- tice from the City to correct such de- fault or non-compliance, the Clty, Council shall have the right to terminate this Franchise and all rights of the Company hereunder. Section 22. Should any S e e t l o n, .clause or provision of this Ordinance be declared invalid by a Court of rec- ord same shall not affect the validity ,of the Ordinance as a whole or any part thereof, other than the part so i,declared invalid. Section 23, This Ordinance s h a l l take effect and be in force from and after its passage by the City Coun- cil, Ito approval and i~titication by the legal voters of the City of Du- buque and the acceptance of its terms by the Company, or its assigns in writing and its publicwtion In the Telegraph-Herald, the official new~- paper of the City of Dubuque. Passed, adopted and approved thla~ 5th day of August, 1959. LEO N. SCHUELLER, Mayor CI,ARENCE P. WELII RAY F. KOLB RUBEN V. AUSTIN Counenmen. Attest: J. J, SHEA, City Clerk, Councilman Kolb moved the adoption of the ordinance. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kolb, Welu. Nays~Councilman Kintzinger. RESOLUTION N0. 273.54 Resolution Ordering Election on the Franchise of Dubuque Com~ munity Television Cable Corps ratl0n. Whereas the City Council of the City of Dubuque has this day granted a franchise to the Du• Ibuque Community Television Cable Corporation to erect, maintain and operate television transmission _~ i .~, ~i;r i `' I ~, :a ~; ' . 1 ', III ~~ ~1F. l 'ti ~'1 ~,: Special Session, August 5th, 1954 SOS end distribution facilities in the streets, avenues, and public places in the City of Dubuque, sltbject to the approval of the voters of the City of Dubuque at a special elec- tion called for that purpose; and Whereas it is deemed advisable and necessary that the ~prtrposition refereed to above be submitted to the qualified voters'af said City far their approval; Now Therefore, Be It Resolved By The City Council ()f The City (;"f Dubuque, Iowa, as follows: Section 1. That at a special elec- tion •to be held in and for the said City of Dubuque on the 13th dray of September, 1954, from 7 o'clock in the ...,,...illg until 8 o'clock in the evening, Central Standard Time, (8 o'clock in the morning anti! 9 o'clock in the evening, Day-light Saving Time) there shall be submitted to the qualified elec- tors of said City, to be by them voted upon, the proposition of granting to Dubuque Community Television Cable corporation the franchise adopted by Ordinance No. 53.54; Section 2. That said election on said proposition shall ibe held in the several voting precincts of said City as prescribed for regu- lar elections in said City and as delimited by Ordinance No. 7-52 of said City; Section 3. That voting machines shall be used for voting upon said proposition and that the City Clerk be and he is hereby authorized and instructed to cause ballots for voting an said proposition to be prepared in substantially the fal- lowing form and in such size as will permit the dame to be insert- ed in eadh voting machine: (Notice to voters: For an a~irm- ative vote on the question submit- ted, pull down the lever :above the word "Yes," For 'a negative vote, pull dawn the fever above the word "No.") Shall The Following Public Measure Be Adopted? Shall the following Franchise Ordinance No. 53.54, as enacted by the City Council of the City 1)f 'Dubuque on the 5th dray of Aug• ust, 1954, be adopted? YES NO Section 4. That the City C1erH shall have ballots for absent vot ors prepared to be used for voting on the aforesaid proposition on yellow colored paper in sub~al>• Bally the fdlowing form, with #le facsimile signature of the City Clerk an the back thereof: (Notice to Voters: For an affirm- ative vote on the fallowing prtrpo- sition make a cross (x) mark in the square after the ward "Yes" For a negative vote make a similar mark in the square following the word "No") Shall The Fallowing Puhlie Measure Be Adopted? SiI'all the following Franchise Ordinance No. 53-54, as enacted by the City Council of the City of Dubuque on the 5th day of Aug- ust, 1954, 'bC adtrpted? YES NO (Back Of Ballot) Official Balbt far Television Franchise Special Election, Du- buque, Iowa, ........................ Voting Precinct. September 13th, 1954. (Facsimile Signature) City Clerk Section 5. That the 'Mayor is hereby authorized, tmlpowered and instructed to issue ~a proclamation azid notice of the submission of said proposition at said special election and of the time and place thereof by publication once each week for four consecutive weeks in "The Telegraph Herald" a news, paper of general circulation print, ed and published in said City, the last of which publications shall be not less than five nor more than twenty days prior to said election. Section b. That for said election the Judges and. Clerks of election in the respective election precincts shall be as follows: First Election Precinct: Judges- Margaret Cannon, Bernice M.eCaul- ey, Harry Krakow. Clerks-Jose- phine 0*Brien, I,ilfian Jones. Second Election Precinct: Judges-~Mra. Earl Donegan, Tors Marie Fox, Aurelio F. Meyer. Clerks--Julia Houser, Dorothy Kitchen, Third Election Precilxrt: Judges -,Anna Kingsley, Mary McGuin- ness, Edna Wunderlich. Clerks- Vera McAllister, Eunice Killby. Fourth Election Precinct: Judges -Eleanor Freund, Enuna Osborn, Oatherine McEvoy, Clerks-~Geor- gjna Millius, Margaret Endsley, Fifth Election Pretonet: Judges 506 Special Session, August 5th, 1954 -Grace Wright, Evelyn Madden, Ruby Steuck. Clerks-Laura Hah- man, Sadie Trader. Sixth Election Precinct: Judges -Helen B. Schadle, Mildred Cords, Olive Satterlee. Clerks-Lillian Fleege, Louise Forward. Seventh Election Precinct; Judges-Hulbert Meissen, Emma Van Fleet, Mayme Fluhr. Clerks- Loretta Gaff, Alexia Hanley. Eight Election Precinct: Judges -Louis J. Lagen, Harriet E. Kolck, Fred J. Meyers. Clerks-Anna Wober, Jane Fuhrman, Ninth IIectian Precinct: Judges -~Mayme Cassu't, John Merkes, Mildred Koehler. Clerks-Florence Benzer, Edna Widdowson. Tenth IIection Precinct: Judges -Leona Beyer, Loretta Kammuel- ler, Anna Kunz, Clerks-Stella Ball, Hattie Donatsch. Eleventh Election -Precinct: Judges-Etta Schroeder, Lucy Jae- ger, Hilda Hoefflin. Clerks-Ida Murray, Hazel Kirkwood, Twelfth Election Precinct Judges-C. W. Nickles, Linda Gras- horn, Phil O'Dowd. Clerks-Min- nie Recker, Elsie Bottge. Thirteenth IIection Precinct: Judges-Rose Gulick, Ceara Fran- cois, Charles Haudenshield. Clerks -Freda Foell, Mabel Essman. Fourteenth Election Precinct: -Judges-Marjorie Bogus, Doro- thy Bauer, Amanda Miltius. Clerks -Veronica Agard, Gwendolyn Bohn. Fifteenth IIection Precinct; Judges-Frances Grippes, Lucile Gantert, Helen Pape. Clerks-~Min- nie Lucas, Helen Hohnecker. Sixteenth Election Precinct: Judges-Hazel Amats, Ethel Hos- tetter, Leo Siegert. Clerks-Lucina G. Connery, Ethel Asmussen. The foregoitlg are proper ,per- sons so to act yin accordance with Section 49.12, et seq. off Chapter 49 of the Code a'f Iowa. Upon the closing od the pollls for said elec- tion said Judges and Clerks shall file reporhs of Mlle results on said proposition with the City Clerk in order that such results may be ran• vassed and of"Picially declared by this Council; Section 7. That this Council meet on the next secular d"ay fal- lowing the day of said election at the Council Chamber in the City H'a11 within said CIity, at 7:80 o'clock P.M, to canvass the results of Said election: Section 8. That pursuant to the provisions of Section 386.7 'the Dubuque Community Television Cable Corporation shall pay all costs !and expenses incurred in the holding of said special election and the City Auditor is llereJby fYStructed to keep a strict a~- count of all such casts and ex• penses sand upon the completion of the canvassing the results of said election shall submit to said corporation a statement of such casts and expenses, including the compensation of the Judges anal Clerks, the use of voting machines, rends for polling places, publi- cation costs and any other costs incurred iby 'the City of Dubuque in connection with said special elec- tion. Passed, adopted and approved this 5th dray of August, 1954. LEO N. SC'HUELLIIt Mayor CLAiRDNCE P. WELU RAY F. KOLB RUBEN V. AUSTIN Councilmen Attest; J. J. SHEA, City Clerk Councilman Kalb moved the adoption of the resolwtion. 'Second• ed by Councilman Welu. Carried by 'the following vote: Yeas -Mayor SChueller, Coun- ci7~men Austin, Kollb, Welu. Nays-Counci4fnan Kintzilger. Therebeing no further business Councilman Austin moved to 'ad• journ. Seconded by Councilman Kolb, Oarried Eby the following vote: Yeas - Mayor Schueller, Coun- oilmen Austin, Kintzinger, Kolb, Welu. Nays-~Nane. J. J. 'SHEA, City Clerk APProved ................................1955. Adopted ..................................1955. Councilmen : .................................... Attest: ................................................. City Clerk Special Session, August 10th, 1954 507 CITY COUNCIL (OFFICIAL) Special Session, August 10th, 1954. Council met ~at 7:30 P.M. Present~Mayar Schueller, Caun- cilmen Austin, Kolb, We1u. City Manager S'ahiltz. Absent-Council- man Kintzinger. Meeting Called by order df Ma- yor SchuelleT. Mayor SChueller read the call and stated that service thereof had been duly made and that this meeting is called for ~tlte purpose of conducting a pwblic 'hearing on 1 a proposal to amend and change the Zoning Map and Zoning Ordi- nonce so as to Chazlge Lots 21 to 2? inclusive yin 'Reche's Subdivision from Single-Fam'illy District Classi- ficatian to 11wo-Family District Classvfiation, and acting an any other business as may properly come before a regular meeting of the 'City ~Couneil. proof off pwblication, certified to by the publishers, of notice of pub• tic hearing upon a proposal to amend and Change the Zorung Ma'P 'and Zoning Ordinance, so as to ~ change Lots 21 to 27 inclusive ,in Reche's 'Swbdivi~sion lying on ills north side ad Grace Street frown ~ Single-Family District Classifica- tion to 11waFamily District Clas- sification, presented sand read. No written objections 'filed and no ob- jeCtors present in 'the Council Chamber 'at the time set for said public hearing. Councilman Kolb moved 'that 'the proof of pwbtica- tion Abe received and filed. Second- ed iby Councilman Austin. Carried i' ~ 'by Che following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kolb, We1u. Nays-None. A'bsen't-Councilman Kintzinger. ORDINANCE N0. 49.54 l~ An Ordinance Amending and Changing the Zoning Map 'and Zoning Ordinance of the City of Dwbuque, Iowa, so as to change * 'the hereinafter descriibed property lying on the north side off Grace ';` Street from 'Single-Family District Classification to Two==Family Dis• trim Claassificatian, said ordinance having been paused upon first read- ~''a li ~ {&Pp1 ,, I - p i(' ing on July 20th, 1954, and ordered placed on file with 'the City Clerk for public inspection pending pub• lic hearing on August 10th, 1954, was presewted for final 'adoption. ORDINANCE NO. 49.54 An Ordinance Amending and Chang- ing the Zoning Map and Zoning Or- dinance of the City of Dubuque, Iowa, so as to Change the herein- after described property lying on the north side of Grace Street from Single Family Diatrict Classifica- tion to Two-Family Diatrict Classi- fication. f t Be It Ordained by the City Counen of the City of Dubuque, Iowa: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by changing Late 21 to E7, inclusive, in Reche's Subdivision !n the City of Dubuque, Including the subdivisions of said Lots, from Single- Family Diatrict Clasalflcation to Two- Family District Classification. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as by law provided. Introducod the 2Dth day of July, 1959. Rule requiring reading an three separate days suspended by unani- mous vote the 20th day of July, 1964. Passed, adopted and approved this 10th day of August, 1954. LEO N. SCHUELLER, Mayor CLARENCE P, wELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 16th day of August, 1964. J. J. SHEA, It 8-16 City Clerk Councilman Kolb moved the adoption of the ordinance. Second- ed Eby Councilman Welu. Carried Eby 'the following vote: Yeas -Mayor Sohueller, Coun- cilmen Austin, Kollb, Welu. Nays-None. Absent~Councilman Kintzinger. Proof of publication, certified to Eby the publishers, of notice to con- tractors, of the rece'ip't of propos- als for the construction of a cast iron water main ~in Alplfa Avenue Pram the south property line of Lenox Avenue to the north prop- erty line of Indiana Avenue, in Born Avenue from the south prap• erty line of Pennsylvania Avenue to the north property line of In- diana Avenue, Carlton Avenue from the west property line of Branvn Avenue 'Co the west end of Carl'tan Avenue, in 'Indi'ana Ave- nue from the east property tine of Born Avenue to the west property line ad Alpha Avenue, in Lenox Avenue from the west property line m Drexel Avenue to the east . 'a'~. 508 Special Session, August 10th, 1954 property line of Barn Avenue, in MoPoland Avenue from the south property line of Pennsylvania Ave- nue to the north property line of Lenox Avemre, in Nebraska Ave- nue from the north property line of Lenox Avenue to the east prop- erty 'line of McPoland Avenue, in Green Street from the west prop- erty litre of Lat 190 of Finley's Addition to the north property line of Pennsylvania Avenue, in Wood• -lawn Streeh from the north prop- erty line of Asbury Street to the south property line of Karen Street, presented and read. Coun- cilman Kalb moved 'that the proof of paablication •be received and filed. Seconded 'by Councilman Austin. Carried by the following vote: Yeas -Mayan Schueller, Coun- cilman Austin, Kolb, Welu, Nays-None. Absent-Counei~}man Kintzinger. • August 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. (Daylight Saving Time) August 10, 1954 far 'the construc- tion of the 1954 Water Main Proj- ect No. 1. Attachod is the taibula'tion of bids received, I recommend that the contract be awarded to Larson • Construc- tion Company, who submitted 'the 1awest'bid received which was ,5% under the Engineer's estimate, Respectfully submitted, L J. SCIiII.TZ CityManager Councilman Kolb moved that the recommendation of City Manager Schltz 'be approved. Seconded by Councilman Welu. Carried Eby the following vote: Yeas -Mayor Schueller, Coun• cilmen ~Ans~tin, Kalb, Welu. Nays-1Vone, ,4bsent=Councilman Kintzinger. (Awarding Contract) RESOLUTION N0. 274.54 Whereas, sealed ,,.~~~+,~sals have been submitted 'by contractors £or the construction of a cast iron wa- ter main in 'A'lpha Avenue from the south property line of Lenox Avenue to 'the north property line of Indiana Avenue, In Born Avenue Pram the south property 'line of Pennsylvania Avenue to the north property line of Indiana Ave- nue, in Carlton Avenue from the west property line of Brown Ave• sue to the west end of Carlton Avenue, in Indiana Avenue from the east property line of Born Ave- nue to the west property line of Alpha Avenue, in -Lenox Avenue from the west property line of Drexel Avenue to the east proper- ty -line of Born Avenue, in MaPo• land Avenue from 'the south prop- erty line of Pennsylvania Avenue to the north property line of Len• ax Avenue, in Nebraska Avenue fiam the north 'property line of 'Lenox Avenue to -the east property 'line of McPaland Avenue, in Green Street from the west pra~perty line of Lot 190 of Finley's Addition to the north property 'line of Pennsyl- vania Avenue, in Woadlawn Street from the north propertyline of As- bury Street to the south property line of Karen Street pursuant to Resolution No. 251.54 and notice to bidders published in a newspaper published in said CSty of July 23rd, 1954 and July 30th, 1954; and ~'r~t~AS, said sealed praposa'ls were opened and read an August 10, 1954 and it has been deter- mined that the bid of Larson ~Can• struction Company of Dubuque, Iowa in the amount of $41,742.52 was t'he lowest bid for the furnish- ing of all labor and materials and performing the work as provided far in the Mans 'and specifications nowtherefore, BE 1T RES'OZVED by the City. Council of the City of Dubuque that the contract for the above mentioned improvement 'be awarded 'to Larson Construction Company sand the Manager be and he is hereby directed to execute a contract an ibehalf of the City of Dubuque for the complete per- formance rof said work. Be It Further Resolved that upon the signing of said contract and the approval of the contrac- tors (band the City Treasurer is ~authorize~d to return the ~bi~d ~de- posits of the unsuccessful bidders. Special Session, August 10th, 1954 509 Passed and adopted this 10th day of August, 1954. • LEO N. SCIiUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councnum We'lu. Carried Eby the 'following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kolb, Welu. Nays=None, Absent-Councilman Kintzinger. Notice of Chaim off Obta F. Spec'br ~ ~berdhauser, Jr. in the amount of $11.73 or $12.14 for dama~g!es to his ear caused in striking a hale + in street ah approximately 845 Kaufman Avenue, presented and read. Councilman Austin moved that the Notice of Claim be re- fenred to the City Solicitor fareu+r vestigahion and reporn, Seconded 'by Councilman Kolb. Caa~ied by ~ the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kolb, We1u. Nays-None. Albert-''Councilman Kiuntzinger. Notice rof Claim of Henry Haas in ,the -amount of $27.69 for damag- es caused Eby a brakes water main when Levi Street was being grad- ed, presented and read. Council- man Austin moved that the Notice of Claim be referred to the City Solicitor for investigation and re- part. ~Secanded !by Councilman ~J, Kalb. Carried by the f•allrowing m, Valte: Yeas-Mayor Schueller, Council- men Austin, Kolb, Welu. ~ Nays~None. Absenh-aCouneilman Kintzinger. Communication of County Audi- tor Melay submitting for Council approval the ~petihion cf Elmer Bcesen, requesting suspension of + • the 1953 ;taxes on ~tihe South 16 feet of City ~Lat 327, presented end Tend. Councilman Austin moved xhat the petition be referred ,~ the ~ City Solicitor fior investigation and : ' report. Seconded by Councilman Kalib. Carried by Councilman Kolb. ~~. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- + cilmen Austin, Kolb, Welu. Nays-~Nrone, tLbsent~ouncilman Kintziacger. August 2, 1954 Cihy Engineer's Office, Dubuque, Iowa Dear 'Mr. Cullen: We are 'enclosing statement cov- ering cast of aonstruction of soul- Mary sewer in Keaktnk 'Street. We are submitting tkxse figures fa yawn approval and acceptance. Yours very tnzly, Ethelda Norbeng Sassenrath Maa'lin Sassenra~th By Mrs. Julia- Hewer, Agent with Pier of Att~._~.y James Waul Subscribed and sworn Ito before me phis 2nd day Hof August, 1964. Geraldine I.. Jenni Notary Pulblic in and for Dubuque Cotnuty, )Eovaa Dubuque, Iasra 5/24/54 Mgrs. Ed Heusi & James Waul Dubuque, Iowa We h~.~wr~h submit our r•~~r•s- al for the following propoeed work. We agree to fu7ntsh and in- stall, a,:~~r.:ing to the Caty •af Du- buque sevrer specificatoars: 419 feet of 8 inch vitrified clay sewer pipe far a halal of .............._ ............ $1234.00 Throe standard manholes foa~ a total of ..................... 525.E Eight to six y's for a ha tal of ................................ 49.50 We agree to pay city in. spectian fee for ............. 80.00 Total ~amauM ~of contract $1888.50 R::~Y~,,;Jully submit>bed, Lam C~bruotian Co. Bq Oliver Lamson We agree ~to accept the above ~praposal and Ito pay the sum of $1888.50 'to the Larson -Construc- tion Company upon acceptance of sewer iby'the Crty of Dubuque. •M~. Ed Heaser Mr. James Wau1 Payment receivedvn full on 8~J-54. Larson ~Const. Co. Olivor ~Larsan Councilman Kolb moved .that the communication and sta~~...~,.nt of cash ibe received and made a root tea of record, Seconded by Coun• ~~~~ 510 Special Session, August 10th, 1954 h Special Session, August 10th, 1954 511 oilman Austin. Carnved iby the fol- lowing vale: Yeas-Mayor iSdhueller, Council- men Austin, Kallb, Welu. Nays-Wane. Absent-+Qauncilman Kintzinger, Petition ~af Dubuque KiM1Vanis Club requesting 1,~....~ssion to mn- duct Dwbuque Kid's' Peanut Days an Fmiday, Oct. 1, all day Saturday, Oct. 2 and Monday evening Oat. 4, 1954, presented sand mead. Coun- cilman Kalb moved that the re- quest Abe granted providing there are no conflicting dates. 'Seconded by Councilman welu. Carried Iby the Bellowing vote: Yeas~&Iayar Schueller, Council- men Austin, Kolb, Welu. Nays-None. Absent-Councilman Kintzinger. Petition aB the D. A, V. Faghting Back Chapter No, 6 requesting pem- mission fm the holding of theim anual sale of far-get-me-rats an Friday and Saturday, 'Septemibem 10 and 11, 1954, presented and :read. Councilman Kalb moved that the request !be graruted providing there are no canfliating dates. Sec- onded iay Councilman Austin. Car- ried 'by the fallowing vale: Yeas -Mayer Sc4tue11er, Coun- cilmen Austin, Korb, Welu. Nays-~Nbne. Absent-Coum~ilman Kintzingor. P+etitian of Sam Caruso mequest- ing arefund in ,the amount of $100.00 on the unexpired portion of ibis Class "B" Beer Permit No, 133, as he has discarutinued busi- ness on July 1, 1954, :presented and read. Councilman Welu waved that the request begranted and the City Auditor insh~uoted ,~ draw a wa..,d,~ in the amo~mt of $100.00 in Ravrn of Sam Caruso to cover the amount aR refund granted on the unexpired pomtian oR hds Class "B" Beer Permit No. 133. Seconded iby Cawucilman Aus- tin. Carried by the fal'lawing vale: Yea's-Mayor Sehueller, Council- men Austin, Kolb, Welu. Nays-None. ~A'bsent-Lbumcilman Kintzinge~r. Petiti~an of O'Connor, Thomas, McB:a....-tt & Wright, By F, J. O'Ca~nt~om, stating ~bhat Klauer- Julien Hotel Company has refern~ed to ahem the matter of altemnate duck route an Second Street and asking the City Council to recon- sider their actdan in ar,..~ring th!e necommendatan of the Chief of Policethat no ch~ge bemade in the alternate struck moots, :pmesen~ ed and mead. Councilman Welu moved that the ,petition Abe re- ferred Ito the City Manager Rar Rur- ~ther study. 'Seconded by Council- man Austin. Carcried by the Rallaw- ing vote: Yeas -Mayor Sdhuellem, Coun- clmen Austin, Kalb, Welu. Nays-None. A~bsemt-~Councilma~n Kintzin~ger, I?eta~tio~n of Independent School Dista'ict ,oR Dwbuque, Iowa, me- questing that ,the street which is adjacent to the west side of the Jackson Elementary School Irlay ground Abe vaoated'as fellows; That the easterly 30 feet of sand street and runnirug north oR the prapemty line of adjacent to West Locust Street ,}o a point approximately 175 feet~be vacated, presented and read. CouncIlman Welu moved that the petitian Abe refe~ed to the Planning and Zoning Commission fcm their recommendation and re- port. Seconded Eby Caumeilnuan Kolb. Carried by ~e fol'lawing vote: Yeas -Mayor Schueller, Conm• oilmen Austin, Kolb, Welu. Nays-None. Absent--Councilman Kintzinger. August 5, 1954 Hon. Mayor and Membems of .the City Council, Dud~uque, Iowa Gentlemen: I have investigated the claim of Mrs. Ray Johnson for damages resulting Pram a Hall on the ice an January 13, 1954. ~I find that Mrs. Jahmsan sus- tained a compound fracture of the lefit ankle, disabling 'her far a period of over two months. Hem medical and hospital expense ama•unts ito $431.00. I have discussed this matter with Mms. Johnson's attorney and s{he has offered to accept $350 in Bull settlement. I mecammend that this settlement 'be ~apgroved sand that ~bhe Cvty Auditor Abe instructed to issue a warrant in the amourut oB $350.00 payable to Mms. ~I3ertha Johnson and F. 'H. Becker, 'her at- ~tarney, and deliver the same upon receipt of a properly executed re- lease. 1~ Councilman Kolb movedthat ~t'he recommendation of City Solicwtar Nelson Abe approved and the City Auditor instructed to dmaw a war- rant in the amount of $350.00 iui favor oR Mrs. Bemtha Johnson and F. H. Becker, her attorney, as set- tlement in full of the claim, and that said w.amrant Ibe delivered wp- on receipt Iby the City of Dwbuque of a properly executed release, Seconded, Eby Councilman Austin. Carried by hhe fallowing vote: Yeas-Mayor Schueller, Council men Ausbuu,Kolb, Welu. Nays-Nana. Absent--Councilman Kintzingem. August 7, 1954 To the Han~arable Mayor and City Council Dtfbuque, Iowa Gentlemen: I 'herewith swbmit the fallowing Grants and Easements far your ap• praval covering the right-oB-ways far the storm sewer to 'be eom- strueted ~th:rough Private pmopenty between Sunnyview Drive and Seminary Street: Lat 94, Finley Addmtian, Llama C. Paisley. Let 95, Finley Additian, Joe & Alma Peter. ~Iat 96, Finley Addition, Jae & Alma Peter. Lat 97, Finley Additian, Archie & Verna Schrieber. Lot 105, Finley Addition, Gar- land & Betty Findley and Alfred & Dontrhea Henschel. Lot 106, Finley Additaan, Mr. & Mrs. Leroy E. Klosbermann. ' Respectfully submitted, L. J. Schi1tz, City Manager Councilman Welu moved tk~at the Grants sand 'Easements Abe ap- proved and placed an Rile and me- carded with ~bhe County Recoa~dem. Seconded iby Councilman Kolb. Carried iby .the 'following vote: YeasJMayor ~Schueller, Council- man Austin, Kalb, Welu. Nays-Nana. A~bsemt~Councilma~n Ki~ntziruger. August 7, 1954 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I ~herewitih submit the Fallow- ing Crrants & Easements for your approval covering the right-af- ways far ;the Sanitary Sewer to be constructed in English Lane sand through pmiv~ate property be- ~tween Levi Street and English Lane: Lat 1, Brackman's Sub., Mr. & Mrs. Joseph F. Wendel. Lot 2, Brookman's Swb., Kenneth J. & June 'Palm. Lot 3, Brockman'~s Swb., Greg W. & Marie I. Jwnk. Lot 4, Brackman's Sub,, James & Lillian Otto. Lot 5, Brockman's Su!b., Tam Grace Jr. Lot 6, Brockman's Sub., iNcho- las J. & Grace Ervalino, Lat 7, Brockman's Sub., David C. & Ilorathy Kupfero~chmidt. Lot 8, Brockman's Sub., David C. & Dorothy Kupfer'schmidt, Lat 12, 'Brock~man's Sub., Mr. & Mrs. Joseph F. Wenzel. Respectfully submubted, L. J. SCHILTZ, City Manager Councilman Welu moved that the Grants and Easements Abe ap- pr~ved and placed an file and mecarded with the County Re~ord~ er, Seconded by Councilman Kalb. Carried 'by the following vote: Yeas-~Mayar ~SChueller, ~Cowncil- men Austin, Kalb, We1u, Nays-None. Absent--Councilman Kintzinger August 7, 1954 To the Honorable Mayar and City Council, Dubuque, Iowa Gentlemen: I herewith submit the fallowing Grants and Easements for your approval covering the might~af- ways for the Sanitary 'Sewer to ~be constructed in Kane Street and in private property ~betnveen Kafue Street and Kaufmann Avenue: Lat i-1-2 M.L. 344, Lawrence & Mary J. Fitzgerald. Lat 2.1-2 M..L 343, Ray & Violet McDonnell. S 392.8' Lot 2 of Olds Place, Ray & Violet McDonnell. Lot 1-1-1 Olds P'lac,e Rwpemt S. & Mary H. Morey. N 100' of 'Lot 2 ~of Olds Place, Wayne R. & 'Patricia L, McDon- nell. Let 1-2-2-1.1.1.2.1 M.L. 343, Wal- liam Olds. Respectfully, T. H. Nelson ~, 1 512 Special Session, August 10th, 1954 Lat 2-2.2.1-1-1.2-1 M.1,. 343, Wil- liam Olds & Glenn & Martha Mc- Namer. Lob 1.2-1.1-1-2-1 M.L. 343, Glean & Martha McNamer. 'Respecbfully submitted, L. J. ~SCTHLTZ, City Manager Cawneilman Welu .moved that the Grants and Easements be ap- proved and placed on file and re- carded with the ~Cownty Recorder. Seconded by d}ouneilman Kalb. Carried Eby bhe following vote: Yeas-Mayor Schueller, Cowncil- men Austin, KaPb, Welu. Nays-None. Absent-Councilman Kintzinger. August 10, 1954 To .the Honorable Mayor and City Council, Dwbuque, Iowa Gentlemen: This is ~to advise thab I have ap• proved the following policy and bonds and desire bo have your ap- proval an same for filing, subject to the approval of the City Solici- tor: EXCAVATION Ridhard Feyen (Feyen Plumbing & Heating), General Casualty Co. of Amaes'ica, 100 West 4th Street. HEATING Jimmie W. Lundon, Standard Accident Ins. Co. Giese Sheet Metal Company, The Ohdo Casualty Ins. Co. McOarten Plumbing & Heating, Indemnity Ins. 'Co, of North Amer• ica SW)EWALK L. D, Potter, Western Surety Company. Philip Henkels, Western Surety Company. Respectfully submitted, L. J. 'SCHII,TZ, City Manager Councilman Kolb mowed that the Poky and Bonds ibe placed on file subject to the eppraval of the City Solici-tor. Seconded Eby Councilman Welu. Carried by the fallowing vote: YeasJM~ayor Schueller, Catmci4- men Austin, Kolb, Welu. Nays-None. Absent-Councilman ~Kin+tzinge~r. August 30, 1954 To the Honorable Mayor and City Council, Dulbuque, Iowa Gentlemen: At a regular meoting of the Playgmwnd and Recreation Com- mission on Friday, August 6, 1954, revised plans for the proposed swimming pool ~to Abe located in Flora Park wore reviewed and approved and are hereby stabmit• ~ted Ito your Honorable Body for your considerati"on and ae~r. ~ ral. Respectfully submitted on behalf of The Playground and Recreation Commis- sion, Nicholas J. Swoon Director of Recreation Councilman Welu moved that the communication of .the Play- graun~ and Recreation Gormnis- svon Ire received and made a mat- ber of a~eoard. Seconded Eby Councll- man Kolb. Carried iby bhe following vote: . Yeas;Mayor Schueller, Council- men Austin, Kolb, Welu. Nays-None. Absent-Councilman ~Kint~auger. RESOLUTION N0. 27S•54 Preliminary approval ofpro- posed revised plans, specifications, form of contract .and all abher dac• uments for the cansbruction of a Swimming pool to Abe lorabed in Flora Park, estimated coat $185,- 000,00, presented and read. Coven- cilman Welu moved the adoption of •the resolution. Seconded by Councilman Kalb, Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kolb, Welu. Nays-None. ;4bsen~G--("councilman Ki~inger. (Necessity for Improvement) RESOLUTION N0. 276.54 Whereas, proposed revised plans, specificati~ans, form Hof con- tract'have~been duly prepared and approved Eby the City Council of the City of Dwbuque and are raw on file in bhe office of the City C1enk showing among other •things an estimate of cast for comsbruc- tian of a swimming pool bo be located in Flora Park. Be It Resolved that bhe City Cawncil wpon petition of property Special Session, August 10th, 1954 513 owners, deems it advisable and necessary for bhe puiblic welfare to make the herein mentioned im- provement and unless property owners'at the time of the final can• siderabian of this proposed resolu- tion have an file with the City Clerk objections to the amount of +the ~propased cost of improve- ments, obey shall be deemed to have waived all objections thereto. Saixl i"mprovement shall ibe can- °structed and done in accardan~ce with bhe revised plans and specifi- cations which havebeen ~pregared therefore !by Pawl Rassuter, Arehi- teat, which have ~beer~ approved Eby bhe City 'Council 'and are now an file wibh the City Clerk. That tihe cost and expense of making said improvement will be paid from the Srs+imming 'Pool Bond Issue Fund and in an amount not to exceed the amount provided iby law. The above resolution was intro- `' ~ duced, approved and ordered' placed an file wroth the City Clerk ,this 10ffi day of August, 1954. Approved and ,placed an file for final action. Approved: ~~,` LEO N. 5CHUDLI~ER i ' Mayor GLARENCE P. WELU ~` RAY F. KOLB RUSEN V. AUSTIN `~V Councilmen Attest: J. J. SHEA, City Clerk Councilman Kalb moved that the resolution be approved and placed ~ on fIle with the City Clerk for putr lic 2nspection for at least one week before final adoption. Seconded by Councilman Welu. Carried 'by the following vote: Yeas~Mayor Schueller, Council- men Austin, Kolb, We1u. Nays-None, A~bsent/Councilman Kintzinger. ~ ? ~ (Fixing date of hearing) RESOLUTION N0. 277.54 Whereas, bhe City Council of bhe City of Dwbuque, Iowa, has by Res- olution No. 27554 given ats pre- j ' lintinary -approval on the proposed revised plans, specifications and form of contract .and placed same an file in bhe office of the City Clerk for public inspection, for the Construction of a Swimming i Poal to 'be located in Flora Park. Now, Therefore, Be It Resolved that on the 7bh day of Sep+temher, 1954, a pwblic hearing will Abe held at 7:30 o'clock P.M. in the Council Chamber 'in ~Uhe City ~)i~all at which time and place all persosn in- forested may appear and make ab- jection to the proposed revised plans, specifications, oan+tract far or cost of ,the improvement. Be It Further Resolved that the City Clerk be and he is mereby di- rected Ito cause ~a notice of bhe time and place of such hearing ,to +be pwblished in the official newspaper at least ten days before said hear- ing at w'hioh hearing ~~bhe Council wlll hear any objections and any evidence for or against the same ~a~nd enter of record its decisions thereon. Passed, adopted 'and approved this 10th day of August 1954, LEO N. SCHtJELR Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN Councilmen A~btest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried iby bhe follawi~ng vale: Yeas-Mayor Schueller, Council- me~~n Austin, Kolb, Welu. Nays-None. Absent-JCounoilman Klntzinger. RESOLUTION NO. 278.54 Whereas, application far Beer Permit has 'been submitted bo this Gouncil for approval sand the same has been examined: Now, There- fore, Be It Resolved by bhe Council of the City of Dwbuque that the fol- lowing ~applicatian be gramited and bhe license is to .be issued upon the compliance wvth the terrns of the ardi~nances of ~bhis Cdty. CLASS "C" PERMIT Nick 'E. Tsacudalcis, 3166 Jackson Street Passed, adopted and approved this 10th day of August, 1954. LEO N, SCIIUEI.LEB Mayor n ~;~~.: ., ,. _ ,. ,~~.. ~...~~ ,. , 514 Special Session, August 10th, 1954 CLARENCE P. WDLU RAY F. KOLB R~UBEN V. AUS4'fN Councilmen Attest: J. J. SHEP., Cvty Clerk Councilman Welu moved the adoption of the resolution. Second- ed Eby Councilman Kalb. Carried by the follawuig vote: YeasJMayor ~Sohueller, Council- men Austin, Ka)!b, Welu. Nays-None. Abselrt-Councilman K~ultzinger. RESOLUTION N0, 279.54 Whereas, heretofore application for Beer Permit was filed by the within named applicanh and it has received the approval of this Coun- ci1; and Whereas, ~t}le premises to Abe oc- cupied by such applicant have been inspected and found to comply with the andlnanceS Of this City and 'he has filed a proper bond: Now, Therefore, Be It Resolved iby the Council of the Cvty of Dubuque ~th~at the Manager be and he is dl. w~:.d Ito issue ho the following named ap- pliant aBeer Permit. CLASS "C" PERMIT Nick E. lkacudakis, 31fifi Jackson 'Street Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, af~opted 'and approved this 10th dray of August, 1954. LEO N. SOHUDLLF~Ii Mayan OLAR~7NCE P, WELU BRAY F. KOLB RUBEN V. AUSTIN Councilmen Attest: J. J. SHEA, arty clerk Councilman Welu moved the adoption .of the resolution. Second- ed !by Councilman Kolb. Carmel by ,the following vote: Yeas - Mayor Sohueller, Ooun- cilmen Austin, Ko'ib, Welu. Nays-None. Absent-Councilman Kintzinger. Councilman Welu moved that the Council record show that the City of Dubuque did not pay any of the cost of the investigation and re- port submitted iby Town and Hughes, Engineers, the met of .the investigation 'and report being paid far ~one~half iby Dubuque Commu- Wily Television Cable !Corporation and one-half Eby Dubuque~Terrold Television Cable Corporation, nor will the city of Dubuque pay any P~'t of the cast of the eleahibn on .the pr„r~~:.d franohise far the Dubuque Community Television Ca~b1e Carparaltdan, and further that the Cvty Counoil was not !bound to accept said report evther in 'P~+t or in whole, and that the recommendations of Town and Hughes, Engineers, regarding ~bhe terms of a franchise to either Cbr- paration have been inserted in full in ~tihe Franchise Ordinance. Sec- onded byCouncilman Kolb. Car- aried by !the follownng vale: Yeas--'Mayor '~SohueAe~, Counr oilmen Austin, Kalb, Welu, Nays-None. Absent-Cauncillnan Kintzinger, Councilman Austin mfrved that the City S~alicitor ibe ilistruoted to report to.the City Council as to the method and means of bringing the Daylight Saving Time quedbian to .the attention of ~bhe people of the City of Dubuque as to whether or not :they wish to 'have Daylight Saving Time. Seconded by Council- man K~ollb. Carried Eby !the follo~w- ing vote: Yeas-'Mayor Scahueller, Cauneil- men Austul, Kolb, Welu. Nays-Nana. Absen•t--Councilman Kintzinger, There being no fur~bher llusiness Councilman Kolb moved to ad- journ. Seconded Eby Councilman Welu. Carried by :the fallowilug vale: Yeas-Mayor 6chuelles, Council- men Austin, Kolb, Welu. Nays-Nave. Albsent-Councilman Kintzinger. J. J. SHEA, City Olerk Approved ....................................1954. Adopted ......................................1954. Councilmen: ................................ Attest : ................................................ City Clerk < > , 4 a-.. , rrR ~ , ah~°~^~~*aPar&'4"~'r~Ylrot~~.a, . d Special Session, August 24th, 1954 515 CITY COUNCIL IOFFICIAL) Special Session, August 24th, 1954. Council met at 7:30 P.M, Present~Mayar Schueller, Coun- cilmen Kintzinger, Kolb, Welu. City Manager Schiltz. ~; Absent-Couneilmam Austin, Meeting called by fudel' of Ma- yor Sahueller. Mayor Schueller read the call and stated that service thereof had been duly made and that this ,~. ` meeting is called far the purpose ~, , of conducting apwblic hearing on b~, ~ Ordinance No. 52.54. An Ordinance _ ` vacating portions of West and Fin- ley Streets and awthorizing the conveyance ad said vacated por• ; lions and acting on any other Rlusi- { ,; ness as may properly come before ~~°~ ~ a regular meeting of the City ~ ` Council. Proof of publication, certified to by thepublishers, of notice 'of public hearing on Ordinance No. 52-54. An Ordinance vacating par- lions of West and Finley Streerts and authorizing the conveyance of said vacated portions, presented and read, No written objections filed azId no objectors present in the Council Chamber at the time set for said pwblic hearing. Caun- 7{~ oilman Kalb moved that the proof of publication be received and filed. Seconded ~6y Councilman ~~ Welu. Carried alby the fdlowulg ,,t vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. i s, Absent-Councilman Austin, ORDINANCE NO. 52.54 ;; An Ordinance Vaeatilug Portions ,,: of West and Finley 'Streets and authorizing the conveyance of said ~ ` ' vacated portions, said ordinance having been passed upon first reading on August 2nd, 1954 and I '., ordered placed on file with the a ~ City ~C1erk for pwblic inspection pending pwblic hearing, was pre- sented for final adoption, _.... _.. ORDIATANCE N0. 52-54 ........,... An Ordinance Vacating Portions of West and Finley Streets and au- thorizing the Conveyance of said vacated portions. Whereas Kathleen G. Mlhm, as owner of all abutting property has petitioned for the vacation of the herein after described portions of West and Finley Streets and has agreed to purchase the same from the City of Dubuque far the sum of $254.69 Plus the costs incident to the adoption of this Ordinance; and Whereas, petitioner has prepared and submitted a plat of said proposed vacation assigning lot numbers to the vacated area; and Whereas, the City Planning and Zoning Commission has approved said vacation; and Whereas, the City Council is of the opinion that acid property will not be required [or public purposes with- in the foraeeable future; Now Therefore, Ba It Ordained By The City Council Of The City Of Dubuque, Iowa: Section 1. That tha following des- cribed portions of West and Finley Streets in the City of Dubuqe, Du- buque County, Iowa, to-wit: Beginning at a point on the west property line of Finley Street 12 feet southeasterly from the northeast cor- er of Lot 1 of Lot 79 of Finley, Wa- south 32d degreesnl6 feediteaet along a line parallel to the east line of Fin- ley Street a distance of 73'; thence south 57 degrees 95 feet west along a line parallel to the south line of West Street a distance of 63'2"; thence north 16 degrees 57 feet east -t distance of 96'5" to the point of beginning, be and the same is hereby vacated and conveyed to Mattel Realty and Investment Co. for the agreed conalderatlon of {264.69 and the costs incident to the adoption of this Ordinance; Section 2. That the plat of said vacated area submitted by petttioner be and the same is hereby approved and the Mayor and City Clerk are hereby authorized to endorse the ap- proval o[ the City of Dubuque there- on; Section 3. That the Mayor and City Clerk are authorized to execute a Quit Claim Deed cbnveying said vacated area to Mattel Realty and Investmant Co. and to deliver the same upon receipt of the sum of $254.fi9 and the coats incident to the adoption of this Ordinance; Section 4. That the City Clerk be and he is hereby authorized and di- rected to file a certified copy of this Ordinance in the office of the County Recorder of Dubuque County, Iowa. Passed, adopT.ed and approved this 24th day of Auggust, 1964. LEO N. BCHUELLER, Mayor CLARF.NCE P, WELU RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA City Clerk Published officially In The Tele- graph-Herald newspaper this 27th day of August, 1954. J. J. SHEA, City Clerk lt. 8-27 Councilman Welu moved the adoption of the andinance. Secand- ed IbY Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Albsent~Caurlcllman Austin. I~~' S 16 Special Session, August 24th, 1954 Froaf of publication, certified to by the pwblishens, iof notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of oon- tract and cast of impa~vement for the improvement of Shields Street w11h concrete pavement Pram the north property .line of Dodge Street Ito the south property line of Janes Street, presented and read. Coancilman Kolb moved that the proof of puiblica~tian be re- ceived and filed, Seconded by Cau~ncilman Welu, Carried by the fallowing vote: Yeas-Mayor Schueller, Counr oilmen Kintzinger, Kalb, Welu. Nays~None. Absent~Councllman Austin. August 24, 1954 To ,the Hanara~ble Mayor and City Council, Dubuque, Iowa Gentlemen: Apublic hearing on the Resolu• lion of Necessity far the improve- ment of Shields Street from Dodge Street to Janes Street with con- crete pavement is scheduled far August 24th at 7:30 P,M, At hhe request of all ~bhe adjoin- ing property owners I met with them Ito discuss this project and it was requested that instead of con- crete the surface ~be asphalt with a stone !base. Duo to the limited traffic an this street and the varied benefits de~ rived by all Hof the adj~aining prop- enty, Irecommend that ~tfiis prajeat ~be deleted and a plat and schedule be prepared for an asphaltic con- crete surface on a rolled stone base for construction in 1955. Respectfully submitted, L. J. SGHII.TZ, City 'Manager Councilman Kallb moved that the recommendation of City Manager Schiltz be approved. Seconded ~by Gouncilman Kintzinger. Carried by -the fallowing vote: Yeas-Mayer Schueller, Council- man Kintzinger, Kolb, Welu. Nays-None. Absent-~Gatmcilman Austin. Notice of Claim of Francis G, O'Toole .in ;the amount of $248.01 for damages to his real estate and water pipes resulting from a cave in caused Eby improper alley re- pairs and improper filling of a - ~ .. ~~ ..~~~ W • , .~~~e~« . ditch in the rear of his premises apt 280 Main Street, presented amd read. Councilman Kintzinger moved that the Notice ad Claim be refe~rned Ito the Gity Solicitor for investigation and report. Seconded 'by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kallb, Welu. Nays-None. A~bsent~Cauncilman Austin. Notice of Claim wf Frisco Manu- facturing Co., Frisco City, Ala- ~bama, in ,the amount of $10.00 for wrecker service to remove their Van and Truck from a cave in !the alley at the rear of Herr• morn Furnitwre Co. laea~ted at 545 Main Street, presented and read. Councilman Kintzinger moved that the Notice of Claim be referred to the City 'Solicitor for investigation and report. Seconded 'by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Cour<cil- men Kintzinger, Kolb, We1u. Nays-Nana, Absent-Councilman Austin. Native of Claim of Louis E. Han- son in the amount of $18.95 for damages to his car caused in strik- ing ahigh protruding point of a driveway in alley east of Sacred Heart Church and Windsor Ave• rue, presented and read. Cauncll- man Kintzinger moved that the Notice of Claim 'be referred eta the City Solieltar for investigation and report. Seconded by Councilman Kalb. Carried by the fol1awing vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kalb, Welu. Nays-None. Absent-Councilman Austin. Cornmunica~tian of The Interna- tional City Managers' Association extending a cordial invitation eta the City of Dubuque ~to Abe repre- sented by the City Manager at the 40th Annual ,Conference of the International City Managers' Also- ciatian to be field at St. Paters- ~burg, Florida on December 5 to 8, 1954, presented and mead. Coun- cilman Welu movedthat Cvty Man- ager Schiltz Abe authorized to at- ~tend the conference. Seconded by Councilman Kintzinger, Carried by the fallowing vote: i ~;: ,' _~, ~' Special Session, August 24th, 1954 517 Yeas--Mayer Schueller, Cauneil- m~en Kirutzinger, Kalb, Welu, Nays-None. Absent~Councilman Austin. Communica~tian of H u ~b a r t Schouten, Mayor of Keokuk, Iowa, in regard Ito the departmental meetings of the League of Iowa Municipalities which will ibe held at fhe Font Des Moines Hotel, Des Moines, Iowa, on October 7, 1954, presented and read. Councilman Kolb moved that the oammunica- ~tion be referred to Mayor Schuel- ler. Seconded by Councilman Kint- zinger. Carried by the fallowing vote: Yeas-Mayor Schueller, Councll- men Kintzinger, Kalb, Welu. Nays-None. Absent-Councilman Austin, Petition ~of Peter L. Stonskas in regard to local or nei~ghborhoad electrical inte~erence problem to television sets now in operation and asking that the City Council .pass an ordinance that would pro- hibit electrical interference an all appliances, motors, etc., presented and read. Councilman Welu moved that the petition Abe referred to ~flhe City Manager, Seconded by Councilman Kintxinger. Carried by the following vote: Yeas-Mayer Schueller, Councll• men Kintzinger, Kolb, We1u, Nays None. Absent-Councilman Austin. Petition of Dubuque Trades and Labor Congress requesting that a proclamation be issued proclaim- ing "September 6 ~thru 12 gas Union Label Week", presented and read. Councilman Kintzinger moved that the request ibe granted and the Mayor authorized to issue a Proc- lamatian as requested. Seconded iby Councilman Welu. Garn^ied by the fallowing vote; Yeas-114ayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays--None. Absence-Councilman Austin. Petition Hof David L. and Anna- belle G. McMahon requesting that the City Attorney be authorized Ito prepare a release of the easement which was issued to ~flte City of Dubuque far ~permi~ssion ibo install and maintain a storm water sewer across Lets 29 -and 30 in Grand- view Avenue Addition in order to clear the title and to enable. ,them ao have it sfiown in the abstract that the City :has relinquished all rights involving said easement, presented and lead, Councilman Kintzinger moved that the petition ~be referred to the City 'Manager and City Engineer for investiga- tian and recommendation. Second- ed Eby Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council• men Kintziager, Kolb, Welu. Nays--~Nane. Absent=Councilman Austin. Petition of Larson Camstruction Company, !by Oliver Larson, re- questing ,permission to dynamite in conneetian with their Water Main work in Lennox Addition, presented and read. Cowncilman Kolb moved that the request be granted. Seconded iby Councilman Welu. Carried ~by ,the following vale: Yeas-Mayor Schueller, Council- men Kintainger, Kolb, Welu. Nays-None. Absent-~Councilman Austin. Petition of The Dubuque Junior Chamber of Commerce requesting that Council consider nanung a part of the area acquired from Wil- liam S. Moto in honor of his de- ceased father, Bart L. Molo, and stating that this would serve as a memento in recognition of the civic accompll~hmenits and civil zeal displayed by Mr. Molo throughout his life and further stating that this request in no way is intended to distract from the magnitude of the part the Wahl- ert Foundation played in acquir- ing this land for the city, present- ed and read. Councilman Welu moved that the petition be re- ferred to the Dubuque Park Board. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Austin. Petition of Mrs. Nutt and others, all property owners of real estate adjoining an alley that is platted and running northerly and south- erly direction and parallel to Riv- r 1 k 6 F, ". 518 Special Session, August 24th, 1954 erview Street and Althauser Street, and requesting the City to open said alley to Eagle Street as said alley now being only half way open for use, and also requesting that a light be installed in the alley, pre• sented and read. Councilman Welu moved that the petition be re- ferred to the City Council to view the grounds. Seconded by Council- man Kintzinger. Carried by the following vote. Yeas-Mayor Schueller, Council- men Kintiinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Petition of Stanley Home Prod• acts, Inc. advising that they con- template the erection of a 30,000 square foot building to be located at the corner of Liebe and Wash• ington Streets, and requesting that the City Engineer be authorized to establish grades for Liebe Street from Jackson Street to the Rail- road Right of Way and for Wash- ington Street from Liebe Street northward 150 feet, and also re- questing that these same areas be graded and a temporary surface applied, and also requesting per- mission to install a private sewer in Liebe Street from Jackson Street to the new building, pre- sented and read. Councilman Welu moved that the petition be re- ferred to the City Manager and City Engineer. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin, Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of July, 1954, presented and read. Council- man Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. August 19, 1954 City Council Dubuque, Iowa Gentlemen: Attached hereto find copies of Financial and Actuarial Analysis of the Police Retirement System and Fire Retirement System of Dubuque, as prepared by Haight, Davis and Haight, Consulting Ac- tuaries of Omaha, Nebraska, for the years ending December 31, 1949, December 31, 1951 and De• cember 31, 1953. Kindly file these reports in the Council records. Respectfully submitted, Edward M. Tschirgi Secretary, Police & Fire Pension ~ Retirement Board Councilman Kolb moved that the communication be received and made a matter of record and the reports placed on file. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. August 19, 1954 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa Gentlemen: With reference to attached peti- tion of Dubuque Board of Educa- tion requesting vacation of 30' al- ley immediately westerly from the westerly property line of Jackson Elementary School extending 175' northerly from West Locust St., the Dubuque Planning & Zoning Commission respectfully recom• mends to your Honorable Body ap- proval of the petition. Yours truly, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy. Councilman Kintzinger moved that the recommendation of the Planning and Zoning Commission be approved and proper proceed- ings prepared. Seconded by Coun- cilman Kalb. Carried by the fol- lowing vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Austin. _ ~ . ~ r . ,,•,x , , . ~ ~,~~^+ ,~N4r ~ ~ ~ ; Special Session, August 24th, 1954 519 "August 19, 1954 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa Gentlemen: The Dubuque Planning & Zoning Commission respectfully recom- mends to your Honorable Body ap• proval of the attached petition of R. L. Rafoth et. al, requesting va- cation of certain alley running westerly from Broadway St. a dis• tones of 111.5 ft. east of Muscatine Street between National and Gay Streets to abutting property own- ers, in exchange for which these parties agree to dedicate to the City for alley purposes the wester- . ly 16 feet of Lot 26 in Park Hill Add. Since this action will give a con- tinuous straight alley it should be a civic improvement. Yours truly, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy. 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 follow- ing vote: Yeas-Mayor Schueller, Council- . men Kintzinger, Kolb, Welu. Nays-None. Absent-councilman Austin. August 19, 1954 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa Gentlemen: The Dubuque Planning k Zoning Commission hereby advises your Honorable Body that at a meeting August 17, 1954 it approved The Dubuque Park Board's request to purchase the Alvin Nolte property adjoining Grandview Park to the northeasterly for the expansion of said Grandview Park facilities, as- suming the Park Board has the necessary funds. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy. Councilman Welu moved that the communication of the Planning and Zoning Commission be re• ceived and made a matter of rec- ord. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council• men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. August 23, 1954 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of Mrs, Louise Millius for damages sustained when she brake her arm falling on a de- fective sidewalk at 1900 Ann Street in the City of Dubuque July 6, 1954, was referred to this office for investigation and report. We have investigated the claim and find that the sidewalk was defective as reported and there does not appear to be any contribu- tory negligence, and that Mrs. Mil- lius has sustained substantial dam- ages. We have discussed the matter with Mrs. Millius and she has agreed to accept $350 in full set• tlement. It is our recommendation that this settlement be accepted and the Auditor instructed to is• sue a warrant in the amount of $350 payable to Louise Millius and deliver the same upon receipt of a properly executed release. Respectfully, T. H. Nelson Councilman Kintzinger moved that the recommendation of City Solicitor Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $350.OU payable to Louise Millius, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Du• buque of a properly executed re- lease, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. 520 Special Session, August 24th, 1954 August 16, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Attached hereto is a request of Police Judge Romolo N. Russo to attend a conference and school for Traffic Court Judges on October 11th through October 15th. This conference is conducted by the Traffic Institute of Northwestern University. I recommend that Judge Russo be authorized to attend this con- ference at City expense. 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, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. August 12, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of July, as well as list of claims and list of payrolls for which warrants were issued for the month of July 1954. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. August 24, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same for filing, subject to the approval of the City Solicitor: SIDEWALK Julius Abitz, Western Surety Company. BLASTING Oliver Larson (Larson Construc- tion Co.,) Hawkeye•Security Ins. Company. HEATING Albert N. Eisbach, Western Sure- ty Company Home Heating Company, West• ern Surety Company Joseph M, Powers, American Surety Company Thomas J, Mulgrew Company, American Surety Company William Ohnesorge, American Surety Company (American Heating and Sheet Metal Co.) Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Kolb moved that the bonds be placed on file subject to the approval of the City Solici- tor. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Austin. August 20, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen, Bids were received for the ap• proach fills in the 16th Street bridge across the Peosta channel. The lowest bidder was the Saf- faran Construction Company in the amount of $3,608.00 Dollars. I have approved the contract with the Saffaran Construction Company and recommend that this action be approved by your body and that the contract and bond be made a matter of record. 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, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. ^ i Special Session, August 24th, 1954 521 August 23, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advsie you that the Construction of a 8" Sanitary Sew• er in the Alley 1st West of Queen Street running from Clinton Street to 27th Street under construction by the Saffron Construction Com- ilr pang has been completed in ac- ' cordance with the plans and speci- ~ fications. .,~ I therefore, recommend the ac- ceptance of the work. 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 fallowing voter Yeas-Mayor Schueller, Council- , ~'; men Kintzinger, Kolb, Welu.. Nays-None. Absent-Councilman Austin. FINAL ESTIMATE City of Dubuque, Iowa RESOLUTION N0. 280.54 Whereas, the contract for the construction of an eight (8) inch sanitary Sewer in Alley 1st West of Queen Street running from Clin- ton Street to 27th Street has been completed and the City Engineer `~ has submitted his final estimate showing the cost thereof including the cost of estimates, notices, in• spection, and preparing the as- sessmenf and plat, now therefore, Be It Resolved, by the City Coun• cil of the City of Dubuque, That the cost of said improve- r ~ ment is hereby determined to be $1,907.54. That $1,907.54 of the cost there- of shall be assessable upon private property. Passed, adopted and approved ~ this 24th day of August 1954. LEO N,SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB ~ 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 Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice. City of Dubuque, lows RESOLUTION N0.261.54 Whereas, the contract for the Construction of an eight (8) inch sanitary sewer in Alley 1st west of Queen Street running from Clin- ton Street to 27th Street has beer; completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engi• near be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to' assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued up• on the above described improve- ment in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 24th day of August, 1954. Approved: LEO N,SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ._,,T.~_,~,.,..,..~.~,,.,.m,,.,..r w.~,...~~F~~'", ~ _._. ~, I I R AI~,~ ' III' °~I 522 Special Session, August 24th, 1954 ed by Mayor Schueller. Carried by the following vote: Yeas-Mayor Schueller, Council• men Kintzinger, Kolb, Welu. Nays-None. Absent-councilman Austin. August 24, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Letters regarding Ike c~ntinua- tion of Daylight Saving Time have been received from those groups the Mayor suggested contacting. I am attaching letters from the Board of Education of the Du- buque School District, Archdia cesan Superintendent of Schools, Radio Stations WDBQ and I{DTH, Retail Merchants Bureau, and the Chamber of Commerce. In addition to those letters, I have received three calls from individuals requesting the time change to be made after the Labor Day weekend. These calls were from mothers having children of school age. Respectfully submitted, L. J. SCHILTZ, City Manager Communication of Mrs. Charles Schrunk stating that she is not in favor of daylight saving time, pre• sented and read. Communication of Mrs. Howard Whelan subautting protest against daylight saving time, presented and read. Councilman Welu moved that Council confirm their previous de- cision on Daylight Saving Time as the best interests of the public will be served. Seconded by Coun- cilman Kintzinger, Carried by the following vote: Yeas-Mayor Schueller, Council• men Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin RESOLUTION N0. 484-,54 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Mrs. Viola Savory and John L. Savory, 827 Dodge Street Edward J. Tracy, 1598 Elm St. Thomas F. McDonough and Ruth McDonough, 1064 University Ave. Mrs. Florence M. Miller, 400 Central Avenue Passed, adopted and approved this 24th day of August, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB 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 Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. RESOLUTION N0. 469.54 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc• cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man• alter be and he is duected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Mrs. Viola Savory and John L, Savory, 927 Dodge Street Edward J. Tracy, 1598 Elm St. Thomas F, McDonough and Ruth McDonough, 1064 University Ave. Mrs. Florence M. Miller, 400 Central Ave. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby arr.~~ed. Passed, adapted and approved this 24th day of August, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F, KOLB CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA. s .~ ~ ~y.,,~~ar'Pn wr.eww-l ~^a"~'47+*Y~+~~[d"k+Y^t•lP"k ~i Special Session, August 24th, 1954 523 Councilman Kolb ,moved the ' adoption of the resolution. Second- . ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Austin. RESOLUTION N0. 48454 Whereas the Park Board has rec• ommended that the City dispose of the following described real es• tote, to-wit: Lot 1 of Lot 2 of Mineral Lot 38 in the City of Dubuque, Iowa, ac• cording to the respective plats of the Subdivisions of said property, together with the right in common with the owners of Lot 1 of Lot 1 of Mineral Lot 50A to use a road- way 30 feet in width along. the west part of the south line of Min- eral Lot 50A substantially as indi- cated by the dotted line on the plat of the subdivision of Mineral Lot 38 marked "center of pro• posed road" and subject to the right of easement in owners in part of Mineral Lot 37 and Mineral Lot 50A over the westerly 30 feet of Lot 1 of Lot 2 of Mineral Lot 38, as set out in a certain ease- ment agreement between the City of Dubuque and the owners of said lots, filed February 16, 1951 in Book 138 of Town Lots, page 535, in the records of Dubuque County, Iowa; and easements for public utilities; and, Whereas the City Council is of the opinion that said property should be disposed of at public sale; and Whereas before any city real estate is disposed of a public hear- ing shall be had thereon; Now Therefore, Be It Resolved By The City Council Of The City Of Dubuque: 1. That a public hearing be had on the proposal to dispose of the above described real property at 7:30 P.M., Daylight Saving Time, on the 14th day of September, 1954, at the City Council Chambers at the City Hall in the City of Dubuque, Iowa; 2. That the City Clerk be and he is hereby authorized and direct- ed to give notice of such hearing by publication in The Telegraph Herald once each week for two ,,,,,,~~.,,+;vo WPPka the last of s shall appear not less than 10 days prior to the date of said hearing and which notice shall include an invitation to bidders to purchase said prop- erty. Adopted this 24th day of August, 1954. LEO N.SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest: J. J. SIiEA, City Clerk Councilman Welu moved the adoption of the resolution. Second' ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- n-en Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Councilman Welu moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council, who wishes to do so, to address the Council. Sec• onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Mr. Emmett Burns, 817 Glen Oak St. addressed the Council stating that he was opposed to the con• tinuation of Daylight Saving Time. There being no further business. Councilman Welu moved to ad• journ. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. J. J. SHEA, City Clerk Approved ................................1955. Adopted ..................................1955. Councilmen, • .................................... Attest :.............................................. City Clerk