1954 October Council ProceedingsRegular Session, October 4th, 1954 547
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(IiY COUNCIL
OFFICIAL
Regular Session, October 4th,
1954.
Council met at 7:30 P.M.
Present-Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu. Citq Manager Schiltz.
Mayor Schueller stated that this
is the regular monthly meeting of
the City Council for the purpose'bf
acting upon such business as may
properly come before the meeting,
Proofs of publication, certified
to by the publishers, of notice of
levy of special assessment and in-
tention of the City Council to is-
sue bonds to pay for the cost of
the construction of an eight inch
sanitary sewer in the alley first
west of Queen Street running from
Clinton Street to 27th Street, pre-
sented and read. No written objec-
tions filed and no objectors pres-
ent in the Council Chamber at the
time set for said public hearing.
Councilman Kolb moved that the
proofs of publication be received
and filed. Secronded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Schueller, Council•
men Austin, Kintzinger, Kalb,
Welu.
Nays-None.
CITY OF DUBUQUE, IOWA
Schedule of Assessments
RESOLUTION NO.311.54
Resolved by the City Council of
the City of Dubuque, Iowa: That to
pay for the construction of an
eight (8) inch sanitary sewer in al-
ley first west of Queen Street run-
ning from Clinton Street to 27th
Street, by Saffron Construction
Company, contractor, in front of
and adjoining the same, a special
tax be and is hereby levied on the
several lots, and parts of lots, and
parcels of real estate all as named,
situated and owned, and far the
several amounts set opposite each
lot or parcel of real estate, as set
forth in the schedule.
Hazel Kellard Etal, Lot 15,
Mettel's Sub ................... 166.50
3oseph J. Peryon etal., Lot
14, Mettel's Sub ............. 166.50
3oseph J, Peryon etal., Lot
13, Mettel's Sub ............. 166.50
Joseph J. Peryon etal., Lot
12, Mettel's Sub ............. 188.50
Chas. K. & Grace Sitterly,
Lot 18, Mettel's Sub..... 574.43
Veronica & Alfred Schiltz,
Lot 80, West View Sub. 687.11
1,907.54
334 Lineal Ft. 8" Vitrified
Tile Sewer Pipe @ 3.10
per lin. ft .........................1,035.40
5 No. of 8"x6" "Y"
Branches @ 10.00 Each 50.00
1 No, of Concrete Manhole
under 10' Deep @
200.00 each .................... 200.00
1 No. of Convert Existing
H.H. to a Drop Manhole
@ 50.00 each .................. 50.00
31 Cu. Yds. Rack Excava
tion @ 12.00 cu, yd..... 372.00
1,707.40
11% Extra Expense ......,... 187.81
5% Interest for 52 days .... 12.33
1,907.54
All of which is assessed in pro-
portion to the special benefits con-
ferred.
Passed, adopted and approved
this 4th day of October, 1954.
LEO N. SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V, AUSTIN
CHARLES A. nuvl~ulGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Proofs of publication, certified
to by the publishers, of notice of
the intention of the City Council
to issue sewer bonds in the amount
of $1,907.54 to provide for pay-
ment of the assessed cost of the
construction of an eight inch sani-
tary sewer in alley first west of
Queen Street running from Clinton
Street to 27th Street, presented
and read. No written objections
filed and no objectors present in
the Council Chamber at the time
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548 Regular Session, October 4th, 1954 Regulaz Session, October 4th, 1954 549
set far said public hearing. Coun•
oilman Kolb moved that the proofs
of publication be received and
filed, Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu,
Nays-None.
RESOLUTION N0.312.54
Resolution providing for the is-
suance of Sewer Bonds for the pur-
pose of providing for the payment
of the assessed cost of Sani'iaty
Sewer in Alley 1st west of Queen
Street from Clinton to 27th Street.
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the sanitary sew-
er 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 $1,907.54 Dollars of the cost
thereof 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 providing
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
Dubuque:
1. That to provide for the pay-
ment of the assessed cost of the
construction of an eight (8) inch
sanitary sewer in Alley 1st west of
Queen Street running from Clinton
Street to 27th Street there shall be
issued sewer bonds in the amount
of $1,907.54 Dollars in anticipation
of the deferred payment of assess-
ments levied for such improve-
ment.
2. Such bonds shall be called
Sewer bonds; and shall bear the
date of November 3, 1954; and
shall be numbered consecutively;
and they shall be numbered, divid-
ed into series, and be in such de-
nominations and for such maturity
dates as are shown in the following
table:
1-7319, $100.00, April 1, 1955
2 7320, $100.00, April 1, 1956,
3-7321 and 7322, $100.00 each,
April 1, 1957.
4-7323 and 7324, $100,00 each,
April 1, 1958.
5-7325 and 7326, $100,00 each,
April 1. 1959:
6-7327 and 7328, $100.00 each,
April 1. 1960.
7-7329 and 7330, $100,00 each,
April 1, 1961.
8-7331 and 7332, $100.00 each,
April 1, 1962.
9-7333 and 7334, $100.00 each,
April 1, 1963.
10-7335 and 7336, $100.00 each,
April 1, 1964.
10-7337, $107.54, April 1, 1964.
3. Said bonds shall bear in•
terest at the rate of 5 per cent per
annum, payable semi-annually in
accordance with coupons thereto
attached;
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 form:
No . ..................................................
Series No .........................................
CITY OF DUBUQUE
Sewer Bond
The City of Dubuque in the State
of Iowa promises to pay as here-
inafter mentioned to the bearer
hereof, on the first day of ...............
or at any time before that date, at
the option of the City of Dubuque,
the sum of One 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 princi-
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 Chapter 396 of
the 1950 Code of Iowa, as amend-
ed, and the Resolution of said Citp
duly passed on the 4th day of Oc-
tober, 1954, being Resolution No.
312.54.
This Bond is one of a series of
19 bonds, 18 for $100.00 numbered
from 7319 to 7336 inclusive, and
one for $107.54 numbered 7337,
all of like tenor and date, and is-
sued far the purpose of construct-
ing an eight (8) inch sanitary sew-
er in Alley 1st west of Queen
Street running from Clinton Street
to 27th Street as described in said
Resolution, in said City, which cost
is payable by the abutting and ad-
jacent property along said im-
provements and is made by law a
lien on all of said property. It is
payable only out of the Special
Assessment Fund No. 1154 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, hap-
pened, and performed, in regular
and due form, as required by law
and said Resolution, and for the
assessment, collection and pay-
ment hereon of said special tax,
the full faith and diligence of said
City of Dubuque are hereby irreva
cably pledged.
In Testimony Whereof the City
of Dubuque by its Council has
caused this bond to be signed by
its Mayor and countersigned by its
City Clerk and the Seal of said
City to be thereto affixed, this 3rd
day of November, 1954.
(SEAL)
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.
7. That the City Treasurer is
hereby instructed to 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. 1154 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 May-
or and countersigned with the fac-
simile signature of the City Clerk.
9. That as fast as funds allow,
beginning with the second year
after the payment of interest due,
these bonds shall be called and re-
tired in the same order as num-
bered.
Adopted this 4th day of October,
1954,
LEO N, SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution, Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Schueller, Council•
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Statement of Conrad C. Birkness,
subscribed and sworn to, stating
that he posted copies of notice of
levy of special assessment and in•
tendon of the City Council to is-
sue bonds along the line of the im•
provement for the construction df
an eight inch sanitary sewer in al•
ley first west of Queen Street run-
ning from Clinton Street to 27th
Street; presented and read. Coun-
cilman Kolb moved that the state-
ment be received and filed. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
,a
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Mayor
City Clerk
(Form of Coupon)
On the ....,....... day of ...................
the City of Dubuque, Iowa, prom-
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 its ........................
Bond No ............. dated .,,........,.,,......
Mayor
City Clerk
S50 Regular Session, Octc~er 4th, 1954
Yeas-)Ylayor Schueller, Council-
men Austin, Kintzinger, Kofb,
Weiu.
Nays--None.
Proof of publication, certified to
by the publishers, of notice of pub-
lic hearing on Ordinance No. 35-54.
An Ordinance vacating the easterly
110,25 feet of the alley lying be•
tween Putnam Street and West
2$th itreet in the City of Dubuque
and authorizing the conveyance of
said vacated portions of said alley
to the abutting property owners,
presented and read, Councilman
Kolb moved that the proof of pub-
lueatian be received and filed. Sec•
onded by Councilman Welu. Car-
ried by the following vote:
Yeas -Mayor Scbueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Weiu,
Nays-None.
ORDINANCE N0. 55•i4
An Ordinance vacating the east-
erly 11025 feet of the alley lying
between Putnam Street and West
28th Street in the City of Dubuque
and conveying said vacated portion
to the abutting property owners,
said ordinance having been passed
upon first reading on September
7th, 1954 and ordered placed on
file for public inspection pending
public hearing to be held on Octo-
ber 4th, 1954, presented for final
adoption.
ORDINANCE N0. 55-54
Whereas the owners of all the
abutting property abutting the al•
ley lying between Putnam Street
and West 28th Street in the City
of Dubuque have petitioned the
City Council to vacate the same
and convey it to the abutting prop
erty owners in consideration of
their conveyance to the City of Du-
buque of the west 16 feet of Lot
26 in (south Park Hfii Addition to
the City of Dubuque; and
Whereas the Dubuque Planning
and Zoning Commission has rernm-
mended the approval of said peti-
tion; and
Whereas it appears to the City
Council that ft 4a in the best in-
terest of the City of 'Dubuque that
the easterly 11025 feet of said al•
ley be vacated and conveyed to
the abutting property owners in
exchange for the conveyance by
said abutting property owners to
the City of Dubuque of the wester-
ly 18 feet of Lot 26 in South Park
Hill Addition, the effect of which
will be to extend the alley lying
between Muscatine Street end
Broadway thorugh from Putnam
Street to West 28th Street; and
Whereas said property owners
have tendered to the City Council
their Warranty Deed conveying the
West 16 feet of Lot 26 in South
Park Hill Addition in the City of
Dubuque; and
Whereas the City Engineer has
prepared and submitted to the City
Council a plat of said proposed
vacation assigning lot numbers to
fire parcels to be conveyed;
Naw Therefore, Be it Ordained
By the City Council of the City
of Dubuque:
Section 1. That the plat henta
fore submitted by the City En-
gineer be and the same is hereby
approved and the Mayor and Clerk
are authorized and directed to en-
dorse the approval of the City of
Dubugae thereon;
6ection 2, That the easterly
i11J.25 feet of the alley lying be-
tween Putnam Street and West
28th Street in the City of Dubuque
be and the same is hereby vacated
and conveyed to the abutting prop-
erty owners, as follows:
Lot 28A, as shown on the fore-
going plat is hereby Conveyed to:
Verlyn G. & Ruth Miller.
Lot 26A, as shown on the fore-
going plat is hereby conveyed to:
Verlyn G. & Ruth Miller.
Lot 29A, as shown on the fore-
going plat is hereby conveyed to:
Russel J. & Eleanor J. Rafath.
Lot 27A, as shown on the fore-
going plat is hereby conveyed to:
Verlyn G. do Ruth Miller.
Section 3. That the Mayor and
Clerk are hereby authorized and
directed to execute and deliver
Quit Claim Deeds conveying the
above described property to the
abutting property owners as set out
in Section 2 hereof;
Section 4. That the conveyance to
the City of Dubuque of the west-
erly 16 feet of Lot 26 in South
Park Hill Adidtion be and the
same is hereby accepted by the
City of Dubuque for alley purposes
and the alley lying between Musca-
tine Street and Broadway is here-
r
Regular Session, t~ctober 4th, 1954 SS1
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by extended from its present term-
inus at the south line of Lot 26 of
South Park Hill Addition northerly
to West 28th Street, 16 feet in
width.
Passed, adopted and approved
this 4th day of October, A.D. 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 8th
day of October, 1954.
J. J, SIiEA,
City Clerk
Councilman Kolb moved the
adoption of the ordinance. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Weiu.
Nays-None.
,Proof of publication, certified to
by the publishers, of notice of pub-
lic hearing on Resolution No. 291•
54. A resolution to relinquish the
easement for storm sewer over and
across Lot 29 Grandview Avenue
Addition and authorizing the Ma-
yor and City Ckrk to execute and
deliver a quit claim deed to David
L, and Aanabella G. McMahon .all
of the interest of the City of Du-
buque in said Lot 29 including the
rights over said lot granted by said
Grant of Easement, presented and
read. Councilman Kolb moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Wehi. Carried by the
following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Weiu.
Nays-None.
RESOLU7lON N0. 291,54
Whereas, on May 24, 1929 the
City Council accepted a grant of
easement for storm sewer across
Lots 29 and 30 in Grandview Ave-
nue Addition in the City of Du-
buque which easement was re-
corded in kook 1'011 TL 167 on
Jane 27, 1929; and,
Whereas, David L. McMahon and
Annabelle G. McMahon as owners
of said lots have petitioned the
city eoancil for the release of said
easements; and,
Whereas, the City Manager has
certified that need no longer exists
for such easement across said Lot
29 but that it .should be retained
as to said Lot 30;
Now Therefore Be It Resolved
b9 the City Council of the City of
Dubuque, iowa:
Section 1. That the easement for
storm sewer across Lot 29 of
Grandview Avenue Addition be
and the same is hereby relin-
quished and the Mayor and City
Clerk are hereby authorized to exe-
cute and deliver a quit claim deed
c~veying to David L. McMahon
and Annabelle G, McMahon all
of the interest of the City of Du-
buque in said Lot 29 including the
rights over said lot granted by
said grant of easement, np~ the
payment by the said grantees of
the costs of this resointfon.
Section 2. That Ilse City Clerk is
hereby auth...;..:.d and directed to
record a copy of this resolution in
the office of the county recorder
of Dubuque County, Iowa.
Passed, adopted .and approved
this 4th day of October, 1954.
LEO N. at;nJELLER
Mayer
CLARENCE P. WELD
RAY F, KOLB
RUBEN V. AUSTIN
CHARLES A. KIIv 1 a11QGER
Councilmen
Attest:
J, J. SHEA,
City Clerk
Councilman Kolb moved ~
adoption of the resolution. Second-
ed b'9 Councilman Rintzinger. Car-
ried by the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Weiu,
Nays-None,
Notice of Claim of Frank J. Bla-
ser, Sr., Alois J. Blaser and Mrs.
Mary Luther, By Alois J. Blaser
in the amount of $250.OD for dam-
ages to their property known as
Lot 66 in Finley Addition caused
by the City grading and filling
Avoca Street between Hazel Street
and i9ngs Street which diverted
the flow of water from its natural
552 Regular Session, October 4th, 1954 Regular Session, October 4th, 1954 553
course onto and across their prop-
erty and asking that they be reim-
bursed by the City of Dubuque in
said amount, presented and read,
Councilman Kintzinger moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Austin. Carried by the fol-
lowing vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Communication of Harry Farber
stating that Daylight Saving Time
was very beneficial for both him-
self and family, presented and
read. Councilman Kolb moved that
the communication be received and
filed. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Communication of A. A. Schmit-
ty stating his opposition to Day-
light Saving Time and further stat-
ing that any change back to Day-
light Saving Time should not take
place wtihout the consent of the
people, presented and read. Coun-
cilman Kintzinger moved that the
communication be received and
filed. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu,
Nays-None.
Communication of Dubuque
Trades and Labor Congress thank-
ing Council for the splendid co- '~
operation given in both "Union
Label Week" and the "Labor Day
Parade, presented and read. Coun-
cilman Kolb moved that the com-
munication be received and filed.
Seconded by Councilman Austin.
Carried by the following vote:
Yeas -Mayor Schueller, Coun- ~
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Communication of The United
States Conference of Mayors sub-
mitting information as to the use
of Broadcast Facilities by Candi-
dates for Public Office, presented
'~
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,., ,,.._.t.n,: +~r~*. ....,. .,.,r~.~ ~s~ .,
and read. Councilman Kolb moved
that the communication 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.
Communication of P. J. Houser,
Director Division of Public Health
Engineering, State Department of
Health, Des Moines, Iowa, advis-
ing that the plans and specifica•
tions for the proposed municipal
swimming pool for the City of
Dubuque, Iowa, have been ap-
proved, presented and read. Coun-
cilman Kolb moved that the com-
munication be received and filed.
Seconded by Councilman Kintzing-
er. Carried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
September 23, 1954
City Clerk
Dubuque, Iowa
Dear Sir:
The undersigned has appointed
Harold F. Reynolds as his duly
authorized attorney in fact to cor-
rect atypographical error appear-
ing in the legal description in the
bid made by him for the property
which was auctioned by the City
of Dubuque on September 14, 1954,
in the council chambers at ap-
proximately 7:30 P.M.
This is notice to you that Harold
F. Reynolds is duly empowered to
correct said error for me and in
my name and stead and that I
ratify and confirm his acts in doing
so.
Yours very truly,
William S, Sheppley
Councilman Kolb moved that the
communication be received and
filed. Seconded by Councilman
Welu, Carried by the following
vote:
Yeas - Mayor Schueller, Coun•
cilmen Kintzinger, Kolb, Welu.
Nays-None.
September 23, 1954
Know all men by these presents
that William S. Sheppley, the un-
dersigned, hereby authorizes and
d
ai
his duly constituted attorney in
fact, for and in his name, with
same rights and powers as he
would have himself, to correct a
typographical error appearing on
a bid made by him for certain real
estate auctioned by the City of
Dubuque, Iowa, on September 14,
1954, where the legal description
in the bid recited "Lot 1 and Lot
2 etc." instead of Lot 1 of Lot 2,
and any other corrections in said
legal description which may be
hereafter disclosed.
The undersigned hereby ratifies
and confirms any acts taken by
his attorney pursuant hereto. In
witness whereof I have hereunto
set my hand and seal this 23rd day
of September, 1954.
William S. Sheppley
Councilman Kolb moved that the
Power of Attorney be received and
made a matter of record, Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Hon. Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
On September 14, 1954, upon
the occasion of the public sale of
the Laurel Street property of this
city, known as Lot 1 of Lot 2 of
Mineral Lot 38, the sealed bid of
William S. Sheppley for said prop-
erty was submitted to you.
This bid was one of two sealed
bids submitted upon that occasion
and after such sealed bids were
opened it was announced that the
property in question would be sold
to one or the other of the two bid-
ders submitting sealed bids.
In the bid of Mr. Sheppley as
submitted there is a typographical
error. In that portion of the bid
setting out the legal description
o>; the property being bid upon, the
word "and" was inadvertently used
by the typist in place of the word
"of", so that the description is Lot
1 and Lot 2 of Mineral Lot 38 in-
stead of Lot 1 of Lot 2 of Mineral
Lot 38.
The Laurel Street property was
the only property being sold. Mr.
Sheppley's bid was clearly intend-
ed to apply to that property, and
was recognized by all present as a
bid for such property.
In order to make the matter
even more clear, Mr. Sheppley has
authorized me to correct the afore-
said typographical error in the
legal description of the Laurel
Street property he bid upon. His
Power of Attorney to me in this
matter is attached hereto.
In accordance with such power
of attorney, I hereby correct the
legal description in the bid of
William S. Sheppley so as to read
Lot 1 of Lot 2 of Mineral Lot 38
instead of Lot 1 and Lot 2 of Min-
eral Lot 38.
Harold F. Reynolds
Councilman Kolb moved that the
communication be received and
made a matter of record. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
September 22, 1954
Hon. Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
You have referred to this office
the bid of William S. Sheppley,
presented to the City Council Sep-
tember 14, 1954, for my opinion
on the legality of the bid.
The property offered for sale as
described in the notice to bidders,
is Lot 1 of Lot 2 of Mineral Lot
38, subject to certain easements.
The bid is for Lot 1 and Lot 2 of
Mineral Lot 38, subject to certain
easements,
The description contained in the
bid contains an area far larger
than that described in the notice
and includes property not owned
by the City.
It is therefore my opinion that
the bid is not responsive to the call
and not a valid bid.
Respectfully submitted,
T. H. NELSON
Councilman Kintzinger moved
that the opinion of City Solicitor
Nelson be received and filed. Sec•
owded by Councilman Kolb. Car-
ried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
554 Regular Session, October 4th, 1954
October 4, 1959
Hon. Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen,
On September 22nd l submitted
i my opinion regarding the bid of
William L. Sheppley, in which I
pointed out that the bid was im-
proper since it described prop-
] erty other than that offered for
i sale.
Subsequently Mr. Sheppley has
filed an attempted correction of
his bid alleging that themisde-
scriptlon was a clerical error and
stating that his bid was intended
to apply to the property offered.
The general rule is that a bid
may not be changed in substance
after it has been presented but
that mere irregularities in form
may be corrected.
In my opinion the attempted
changes goes to the substance of
the bid and not to correcting a
mere irregularity in form. How•
ever, even though the proposed
change were permitted the bid
as amended would, in my opinion,
still be in violation of the spirit
and intent of sealed bidding.
It is therefore still my opinion
that the bid of Mr. Sheppley
should be rejected.
Slncerelq,
T. H. NELSON
Councilman Kintzinger moved
that the opinion of City Solicitor
Nelson be received and filed. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Rolb,
Welu.
Nays--None.
Councilman Kintzinger 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 on
the matter of the sale of Lot 1 of
Lot 2 of Mineral Lat 38, Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Attorney E. Marshall Thomas,
representing Mr. William 5. Shep-
' ~:.
pley, addressed the Council on the
matter of submitting open bids at
this time for the purchase of Lot
1 of Lot 2 of Mineral Lot 38 and
requesting that the record show
at this time that his client Mr. Wil-
liam 5. Sheppley now offers a bid
in the amount of $14,00(k00 for
the purchase of Lot 1 of Lot 2 of
Mineral Lot 38. Councilman Kint-
zinger moved that the matter of
the sale of Lot 1 of Lot 2 of Min-
eral Lot 38 be concluded and that
said property be sold to W. R.
Gruwell, as the time for said sale
was over. Seconded' by Council-
man Welu. Councilman Austin
stated that before a vote is taken
that he would like to have an in-
terpretation as to the statement
made that no record has been
,made that the sale of Lot 1 of
Lot 2 of Mineral Lot 38 has been
closed. City Solicitor Nelson stated
that in conformity with the pub-
lished notice for the sale of Lot 1
of Lot 2 of Mineral Lot 38 that
the sale was over. Motion carried
by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
RESOLUTION N0.298.54
Whereas, pursuant to Resolution
and Notice the City Council of the
City of Dubuque met on the 14th
day of September, 1954, at 7:30
o'clock 1',M., in the City Council
Chambers in the City HaII to con-
sider the proposal to dispose of
the hereinafter described real es-
tate, at which hearing all interest-
ed parties were afforded an oppor-
tunity to be heard for or against
such proposal; and
Whereas, pursuant to published
notice, oral bids for said property
were taken and the highest oral
bid was determined to be that of
William S. Sheppley in the amount
of $9,300,00, and after taking oral
bids the sealed bids were then
opened and the highest sealed bid
was determined to be that of W. R.
Gruwell in the amount of
$13,510.00, and it was thereupon
determined that the bid of W. R.
Gruwell in the amount of
$13,510.00 was the successful bid;
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Regular Session, October 4th, 1954 335
Now Therefore, Be R Resolved
by the City Council of the City of
Dubuque:
Suction t. That the bid of W. R.
Gruwell in the amount of
$13,510.00 for the purchase of:
Lot 1 of Lot 2 of Mineral Lot
38 In the GSty of Dubuque, Iowa,
according to the respective plats
of the Subdivisions of said prop-
erty, together with the rigfit in
common with the owners of Lot 1
of Lot 1 of Mineral Lot 50A to
use a roadway 30 feet in width
along tfie west part of the south
line of Mineral Lot 50A substan-
tially as indicated by the dotted
line on the plat of the Subdivision
of Mineral Lot 38 marked "center
of proposed 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
933, in the records of Dubuque
County, Iowa; and further subject
to an easement hereby reserved to
the City of Dubuque over the west-
erly 30 feet of Lot 1 of Lot 2 of
Mineral Lot 38 for the purpose of
installing and maintaining sewer
and water mains and laterals, is
hereby accepted and the Mayor
and City Clerk are hereby author-
ized and empowered to execute
the 4uit claim deed of the City of
Dubuque releasing and conveying
to W. R. Gruwell all of its rights,
title and interest in and to the
above described real estate and to
deliver the same to the said W. R.
Gruwell upon the receipt of
$13,510A0 in cash;
Section 2. That this resolution
skull be in full force and effect
from and after its final passage,
adoption and publication as pro-
vided by law.
Section 3. That the proceeds of
said sale, less the cost thereof, be
placed in the Recreation Fund,
and set aside to be used for the
sole purpose of acquiring Iand for
park purposes as the Clty Council
and tke Park Board may select.
Section 4. That the City Clerk
is hereby authorized and directed
to file a copy of this Resolution
in the office of the County Re-
wrder of Dubuque County, Iowa.
Adopted this 4th day of October,
1954.
LEO N.SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J. d. SHEA,
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Kolb. Carried by
the following note:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Navy Mother's Aub
No, 44 requesting permission to
hold Navy Tag Day on October 23,
1954, presented and read. Council-
man Kolb moved that the request
be granted providing there are no
confticting dates. Seconded by
Councilman Kint~inger. Carried by
the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Donald M. Beehen
and others, property owners in
the 600 block on West Seventeer~Zh
and Angella Streets, requesting
eosnpletfon of the alley bet~ueen
West Seventeentl- and Angella
Streets from Catherine Street west,
presented and read. Councilman
Welu moved that the petition be
referred to the City Manager for
investigation and report. Seconded
by Councilman Kolb. Carried by
the #ollowing vote:
Yeas-Mayor Schueller, Council-
men Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Schueller ~ Co, re•
questing a 45 day extension of
time for completion of their curb
and gutter project, presented and
read. Councilman Welu nwved
that the request be granted pro-
viding the consent of the Bondir~
Company is secured. Seconded by
1
556 Regular Session, October 4th, 1954 Regular Session, October 4th, 1954 557
Councilman Kolb. Carried by the
following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays--None.
Petition of Ray G. Batteram re•
questing a refund in the amount
of $75.00 on the unexpired portion
of his Cigarette Permit No, 288, as
he has discontinued business on
September 30, 1954, presented and
read.. Councilman Kolb moved
that the request be granted and
the City Auditor instructed to
draw a warrant in the amount of
$75.00 in favor of Ray G. Batteram
to cover the amount of refund
granted on the unexpired portion
of his Cigarette Permit No. 288.
Seconded by Mayor Schueller. Car•
ried by the following vote:
Yeas -Mayor Schueller, Coun•
Gilman Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of George T. Nacos re-
questing arefund in the amount
of $75.00 on the unexpired portion
of his Cigarette Permit No. 174, as
he has discontinued business on
September 30, 1954, presented and
read. Councilman Kolb moved that
the request be granted and the
City Auditor instructed to draw
a warrant in the amount of $75.00
in favor of George T. Nacos to
cover the amount of refund grant-
ed on the unexpired portion of
his Cigarette Permit No, 174, Sec-
onded by Mayor Schueller, Carried
by the following vote:
Yeas -Mayor Schueller, Coun•
Gilman Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of E. J. Hafeman re•
questing a refund in the amount
of $75.00 on the unexpired portion
of his Cigarette Permit No, 233,
as he has discontinued business on
September 30, 1954, present
read, Councllman Kalb move
the request be granted al
City Auditor instructed to 1
warrant in the amount of
in favor of E. J. Hafeman tc
the amount of refund gran
the unexpired portion of h
arette Permit No. 233. Sel
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of A. J. Ender request-
ing arefund in the amount of
$75.00 on the unexpired portion of
his Cigarette Permit No. 173, as he
has discontinued business on Sep-
tember 30, 1954, presented and
read, Councilman Kolb moved that
the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $75.00 in
favor of A. J, Ender to cover the
amount of refund granted on the
unexpired portion of his Cigarette
Permit No. 173. Seconded by Coun•
Gilman Welu. Carried by the fol-
lowing vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Elmer Jochum re-
questing arefund in the amount
of $75.00 on the unexpired portion
of his Cigarette Permit No. 290,
as he has discontinued business on
September 30, 1954, presented and
read. Councilman Kolb moved
that the request be granted and
the City Auditor instructed to
draw a warrant in the amount of
$75.00 in favor of Elmer Jochum to
cover the amount of refund grant-
ed on the unexpired portion of his
Cigarette Permit No. 290. Second•
ed by Councilman Kintzinger. Car•
ried by the following vote:
Yeas - Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Dubuque Baseball,
Inc., requesting a refund in the
amount of $100.00 on the unex-
pired portion of their Class "B"
Beer Permit No, 21, as they have
diernntinncA 4hu e~lo n4 600,. ,...
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f
,;
~s
.t
Permit No. 21, Seconded by Coun-
Gilman Kintzinger. Carried by the
following vote:
Yeas - Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Vincent Teeling re•
questing a refund in the amount
of $75.00 an the unexpired por•
lion of his Cigarette Permit No.
107, as he has discontinued busi-
ness on September 25, 1954, pre•
rented and read, Councilman Kolb
moved that the request be granted
and the City Auditor instructed
to draw a warrant in the amount
of $75.00 in favor of Vincent Teel•
ing to cover the amount of refund
granted on the unexpired portion
of his Cigarette Permit No. 107.
Seconded by Councilman Kintzing•
er. Carried by the following vote:
Yeas - Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of Ray Batteram re•
questing a refund in the amount
of $100.00 on the unexpired por•
lion of his Class "B" Beer Permit
No. 11, as he has discontinued bus•
iness on September 30, 1954, pre•
rented and read. Councilman Kolb
moved that the request be granted
and the City Auditor instructed to
draw a warrant in the amount of
$100.00 in favor of Ray Batteram
to cover the amount of refund
granted on the unexpired portion
of his Class "B" Beer Permit No.
11. Seconded by Councilman Welu.
Carried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Petition of League of Women
Voters of Dubuque requesting that
the Mayor be authorized to pro•
claim October 18th, 1954 as "First
Voters Registration Day", present-
ed and read. Councilman Kolb
n,n,.o.] hh~t tha ramiact tle [rant-
Council Proceedings for the
months of November and Decem-
ber, 1953 presented for approval.
Councilman Austin moved that the
Council Proceedings for the
months of November and Decem•
ber, 1953 be approved as printed.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of a statement
of receipts and also a list of claims
for which warrants were drawn
during the month of August, 1954,
presented and read, Councilman
Kolb moved that the proof of pub•
lication be received and filed. Sec•
onded by Councilman Welu, Car-
ried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Dubuque, Iowa
October 4, 1954
To the Honorable Mayor and
Members of the City Council
City of Dubuque, Iowa
Gentlemen:
In accordance with the provi•
sions of the Code of Iowa 1954 Per-
manent Registration, I hereby rec-
ommend for your approval the ap•
pointment of the following persons
to serve as Clerks of Election for
each precinct, who shall have
charge of the election register for
the General Election to be held on
November 2nd, 1954.
First Precinct-Democratic, Mrs.
Thomas O'Brien, 850 South Grand•
view Avenue; Republican, Mrs. LiI-
lian Jones, 1745 Overview Court.
Second Precinct - Democrhtic,
Mrs. Dorothy Kirchen, 90 Nevada
Street; Republican, Mrs. Julia
Heuser, 1585 Douglas Street.
Third Precinct -Democratic,
Mrs. Vera McAllister, 821 Dodge
Street: Republican, Mrs. Eunice
reel.
mocratic,
X79 Bluff
Margaret
et.
atic, Mrs.
Nevada
s. Sadie
t.
558 Regular Session, October 4th, 1954
Sixth Precinct-Democratic, Mrs.
Lillian Fleege, 1825 St. Ambrose
Street; Republican, Mrs. Louise
Forward, 1530 North Algona
Street.
Seventh Precinct -Democratic,
Mrs. Loretta Goff, 1007 Central
Avenue; Republican, Mrs. Alexia
Hanley, 921 Central Avenue.
Eighth Precinct -Democratic,
Mrs. Anna Weber, 1027 Locust
Street; Republican, Mrs. Jane
Fuhrman, 530 Wilnur Street.
Ninth Precinct -Democratic,
Mrs. Belle Leidinger, 1503 Maple
Street; Republican, Mrs. Edna Wid-
dowson, 1710 Jackson Street.
Teeth Precinct -Democratic,
Mrs. Stella Ball, 540 West Locust
Street; Repablican, Mrs, Hattie
Donatsch, 826 Seminary Street.
Eleventh Precinct-Democratic,
Mrs. Ida Murray, 349 Kaufmann
Avenue; Republican, Mrs. Hazel
Kirkwood, 845 Kane Street. _
Twelfth Precinct -Democratic,
Mrs. Minnie Recker, 2210 Francis
Street; Republican, Mrs. Elsie
Bottge, 2421 Division Street.
Thirteenth Precinct - Democra-
tic, Mrs, Freda Foc11, 2915 Jackson
Street; Republican, Mrs. Mabel Ess•
man, 2930 Jackson Street.
Fourteenth Precinct - Democra-
ticMrs. Veronica Agard, 519 Rhom-
berg Avenue; Republican, Mrs.
Gwen $ohn, 2540 Windsor Avenue.
Fifteenth Precinct - Demcratic,
Mrs. Minnie Lucas, 1303 Rhomberg
Avenue; Republican, Mrs. Helen
Hohnecker, 1202 Lincoln Avenue.
Sixteenth Precinct - Democra-
tic, Mrs. Marietta Donegan, 2105
Ogilby Road; Republican, Mrs, Eth-
el Asmu~en, 3131 Asbury Street.
Respectfully submitted,
J, d. $HEA,
Commissioner of Registration
Councilman Welu moved that
the recommendation of Commis•
sinner of Registration Shea be ap•
proved. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
r
September 28, 1954
Hon. Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
The claim of Mrs. Ralph Rupp
for damages resulting from a sew-
er stoppage bas been referred to
this office. On investigation I find
nothing indicating that the claimed
stoppage aas the result of any
negligence of the City and there-
fore recommend that the claim be
denied.
Respectfully,
T. H. NELSON
Councilman Kolb moved that the
recommendation of City Solicitor
Nelson be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu,
Nays-Nave.
September 27, 1954
Hon. Mayor and Members
of the City Council
Gentlemen:
The application of Eimer Boesen
for suspension of property taxes
has been referred to this office. I
have investigated the application
and recommend that the same be
approved.
Sincerely,
T. H. NELSON
Councilman Kintzinger moved
that the recommendation of City
Solicitor Nelson be aY~,~~~ed and
that the Board of Supervisors be
notified of the action of the City
Council. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
October 4, 1954
Hon. Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
I herewith hand you a letter re•
ceived frc
Western I
I submit r
Chicago Gt
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i
ICI)
i
a
Regular Session, October 4th, 1954 559
September 27, 1954
Mr. T. H. Nelson, City Attorney
City of Dubuque
Dubuque, Iowa
Dear Mr. Nelson:
With reference to our meeting
at Dubuque, Iowa, September 23,
1954, and previous correspondence,
relative to crossing protection at
26, 27 and 28th Streets, in the City
of Dubuque:
We have made a thorough ex-
amination and study of the above-
mentionde street crossings, and in
view of the small amount of vehic-
ular traffic on these streets, we do
not feel that the railway company
should assume the exorbitant ex-
pense that would be required to
install automatic flasher light pro-
tection at these crossings.
As you know, 27th and 28th
Streets are presently protected by
automatic bells. We have recently
cleaned up around all three cross-
ings to improve the view of ap-
proaching trains as much as pos-
sible. Also, all train movements
over these crossings are at a very
slow rate of speed.
The railway company is agree-
able to installing new reflectorized
crossing warning signs at 26th,
27th and 28th Streets at its ex-
pense at locations designated by a
representative of the City. If the
City is agreeable to this proposal,
will you please advise and we will
promptly install the reflectorized
crossing warning signs. If the City
accepts this proposal, it is assumed
that you will rescind the ordinance
providing for automatic protection
at these locations.
Yours very truly,
E. T. REIDY
Councilman Austin moved that
the communication be referred to
the City Council and City Solicitor
for study as to the acceptance of
the offer submitted. Seconded by
•r.,...... Cn6nnllnr Carried hV the
September 28, 1954
Hon. Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
The petition of the Dubuque
American Legion Building Corpo-
ration for permission to install an
oil tank in the street adjacent to
their building has been referred to
this office to prepare proper pro
ceedings.
I am advised that an excavation
permit has been issued and that
the location of the tank does not
interfere with the easement for
street purposes. This being the
case, no further proceedings are
required.
Sincerely,
T. H. NELSON
Councilman Kolb moved that the
communication be received and
filed. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas -Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
September 21, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gent'emen:
I herewith submit reports of the
City Auditor, City Treasurer, City
Health Department and City Water
Works for the month of August,
as well as list of claims and list
of payrolls for which warrants
were issued for the months of Aug-
ust, 1954.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kolb moved that the
reports,be received and placed on
file. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
October 2, 1954
lom-
the
re•
560 Regular Session, October 4th, 1954
garding reconsideration of the
council action designating 2nd
Street as an alternate truck route
was referred to the City Manager
for further study.
On August 23rd, a truck traffic
study was made over a 12 hour pe•
riod from 8 P.M. August 23rd to 8
A.M, August 24th at the 2nd and
Main Street intersection. Again on
September 2nd, September 21st
and September 30th, a similar 12
hour count was made.
The truck traffic on the above
periods are as follows:
August 23 ........................ 93 Trucks
September 2 ..................156 Trucks
September 21 .................. 21 Trucks
September 30 .................. 16 Trucks
In view of the great reduction
of truck traffic during the night
hours when it would interfere
with hotel guests and the coopera-
tion shown by the various truck-
ing companies to use other routes
during the hours 9 P.M. to 7 A.M.,
I recommend that no change be
made in ordinance 38.54 designat-
ing alternate truck routes.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Welu, Carried by the
following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
September 28, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of Miss Florence
Lorenzen requesting that a street
light be placed in the middle of
the hill on the steps on South Hill
Street between Dodge and Curtis
Sts., was referred to the City Man-
ager for recommendation and re-
port.
On investigation, it was found
that the steps on this street .are
very poorly illuminated and that
there are a consic
of people using thi
I recommend tha
be placed on the si
alley between Dodge and Curtis
Streets which location would be
at the top of the steps.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Austin 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.
September 28, 1954
To the Honorable Mayor,
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of John and Monica
Willy asking the City Council to
accept the sum of $200.00 in full
for the assessment levied against
Lot 38 of Burton's Addition for the
construction of a sanitary sewer,
was referred to the City Manager
and City Solicitor for report.
I have conferred with the City
Solicitor and there is no way that
the City can assume any portion
of this special assessment.
This sewer was constructed in
1952 and the assessments have
been certified to the County Audi•
tor.
Respectfully submitted,
L. J. SCHII.TZ,
Clty Manager
Councilman Kolb moved that
the communication of City Manag-
er Schiltz be received and made a
matter of record. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
September 28, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The verbal request of the City
Council to investigate the installa-
tion of a street light on the west
,...a s c:.,,..,,.,., e~..,,,.~ ....,,. _..
Regular Session, October 4th, 1954 561
930B which is the last power pole
on the north side of Simpson
Street.
Respectfully submitted,
L. J. SCHII,TZ,
City Manager
Councilman Welu moved that
the recommendation of City Man•
ager Schiltz be approved. Seconded
by Councilman Kintzinger. Car-
ride by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays--None.
September 28, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of Paul B, Skelley
requesting that the street light at
` 560 Sunset Ridge be put into op-
eration was referred to the City
Manager for recommendation and
report.
In view of the fact that resi-
dences have been constructed on
Sunset Ridge and there is a con-
siderable amount of traffic on this
i street, I recommend that all the
remaining boulevard lights on this
~~ street be placed in operation.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Austin moved that
the recommendation of City Man-
ager Schiltz be approved. Seconded
l by Councilman Kalb. Carried by
the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
September 28, 1954
install traffic lights at these inter-
sections.
The Police Traffic Department
has revaluated this situation and
have submitted the attached re-
port,
After studying this and previous
reports, I recommend that no
change be made in existing con-
trols on Main and Locust Streets.
Respectfully submitted,
L. J. SCHII.TZ,
City Manager
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays--None.
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of the Retail Mer-
chants Board requesting the erec-
tion of stoplights at the corners of
Seventh Street and Ninth Street
on Main and Locust Streets, was
referred to the City Manager and
September 28, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of Mrs. V. C. Moes
and others requesting that a two
hour parking limit be established
on the block on University be-
tween Nevada Street and Booth
Street was referred to the City
Manager and Traffic Department
for recommendation and report,
This area is a fairly busy shop-
ping district and it is noticed that
the demand for parking space is
fairly continuous. However, this
demand does not exist in this
block alone. The areas immediate-
ly east and west of the block pe-
titioned for also presents the same
problem, the need for parking
turn-over.
Merchants in this area have also
been contacted and feel this limit
should be extended to their area.
It is recommended that Schedule
N of Ordinance 33.49 be amended
by adding to Section 2 thereof, the
following:
aa: "The south side of Universi-
ty from Alpine Street to Nevada
Street, and both sides of Universi•
562 Regular Session, October 4th, 1954
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be adopted and proper pro-
ceedings prepared. Seconded by
Councilman Kintzinger. Carried by
the following vote:
Yeas -Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
September 28, 1954
To the Honorable Mayor,
and City Council,
Dubuque, Iowa
Gentlemen:
A study has been made of the
traffic conditions in the area be•
tween 14th and 17th Streets from
Pine Street easterly.
This study was made in coopera•
lion with the industries in this
area to see what could be done to
relieve a traffic congestion in the
street.
Traffic counts show that four
thousand vehicles use East 16th
Street in a day, Vehicles are dou-
ble parking and parking on streets
that are too narrow to accommo-
date two•way traffic with vehicles
parked on each side.
The following recommendations
are made for your consideration,
which we think will greatly reduce
the traffic congestion in the above
area.
1. That E. 16th Street be de-
clared a thraagh Street, and that
Schedule H of Ordinance 33-49 be
amended by adding thereto the
following:
X. East 16th Street from Elm
Street to the Easterly terminus
thereof.
2. That Schedule VI of Ordi-
nance 33.49 be amended by adding
thereto the following:
58. On the both sides of Syca•
more Street from East 16th
Street to East 19th Street.
3. That Section 11,8 of Ordinance
33.49 be amended by striking the
period at the end of the 2nd para-
graph and inserting a colon in lieu
thereof so that the section would
conclude as follows:
"; and at 18th & Sycamore
streets.
Respectfully submitted,
L. J. SCHH.TZ,
City Manager
Councilman Kintzinger mooed
that the recommendations of City
Manager Schiltz be approved and
proper proceedings grepared. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays--None.
September 28, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Ordinance No. 10.53 is an ordi-
nance regulating the keeping of
dogs in the city and provides that
all licensed dogs found at large
during the period, April 1, to Octo•
bar 30, and any unlicensed dogs
wilt be subject to seizure and im-
poundment by the City,
During this past year concentrat-
ed effort has been made to enforce
this ordinance. It is my belief that
if dogs are allowed to run at large
as provided in the ordinance after
October 30th, we will be faced
with a problem of controlling dogs
during the months to April 1st,
and then it will be necessary to
start strict enforcement again.
It is my recommendation that
the period which licensed dogs
may run at large be eliminated.
A revision has been prepared
for this section of Ordinance 10.53.
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Welu moved that
the recommendation of City Man-
ager Schiltz be approved. Seconded
by Councilman Kintzinger. Carried
by the following vote:
YEas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
ORDINANCE N0. 5654
An Ordinance Amendutg Ordi•
Hance No. 10.53 by repealing Sec_
lion 4(a) thereof and enacting a
substitute therefor, presented and
read. Councilman Welu moved that
the reading just had be considered
the first reading of the ordinance.
Seconded by Councilman Kolb.
Carried by the following vote:
Yeas -Mayor Schueller, Coun-
Regular Session, October 4th, 1954 Sb3
' cllman Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Councilman Welu moved that
the rules be suspended requiring
an ordinance to be read on three
separate days. Seconded by Coun-
oilman Kolb. Carried by the fol•
~ ~ lowing vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
ORDINANCE N0.56--54
An Ordinance amending Ordin-
ance No. 1053 by repealing Sec-
tion 4 (a) thereof and enacting a
substitute therefor,
Be It Ordained by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That Section 4 (a) of
+Ordinance No. 10,53 be and .the
game is hereby repealed and the
following enacted in lieu thereof:
"Section !{a}-Any unlicensed
dog, except kennel dogs, and any
licensed dog found at large, as
previously defined, shall be sub-
ject to seizure and impoundment
in a place provided bq the City."
Passed, adopted and ar,,.,,~ed
this 4th day of October, A.D., 1954.
LEO N. SCHUELLER,
Mayor
CLARENCE P. WELU>
RAY F. KOLB,
RUBEN V. AUSTIN,
CHARLES A. KINTZINGER,
Councilmen
Attest: J. J. SHEA,
a Citq Clerk
Published officially in The Tele-
graph•Herald newspaper this 11th
day of October, 1954.
k~
. ,..- w.. naaw~r.r w..x,~aYr ~.. t.ey ..pr~a4 -~,s6^-'~'YfVt:~'3hdlr~kYICe6`dka~9tlFMH ~. il..!~..
J. J. SHEA,
City Clerk
Councilman Welu moved the
adoption of the ordinance. Second-
ed by Councilman Kolb. Carried by
the following vote:
Yeas -Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
ORDINANCE N0. 57.54
An Ordinance Amending Ordi•
Hance No. 33.49, known as the Traf-
fic Code, by repealing Schedule
VIII thereof, and enacting a sub-
stitute therefor, presented and
read. Councilman Welu moved
that the reading just had be con-
sidered the first reading of the
ordinance. Seconded by Mayor
Schueller. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
Councilman Welu moved that
the rules be suspended requiring
an ordinance to be read an three
separate days. Seconded by Mayor
Schueller. Carried by the following
vote:
Yeas -Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
ORDINANCE N0. 57.54
An Ordinance Amending Ordi-
nance No: 33.49, known as The
Traffic Code, by repealing Sched-
ule VIII thereof, and enacting a
substitute therefor.
Be It Ordained by the City Coan-
cil of the City of Dubuque, Iowa:
Section 1. That Schedule VIII of
Ordinance No. 3319 known as the
Traffic Code be and the same is
hereby repealed and the following
enacted in lieu thereof:
In accordance with Section 16.31
and when signs are erected giving
nokice thereof, no person shall
park any vehides 4etween the
hours of 1 A.M. and 6 A.M, on the
days and portions of streets act
out in the following table:
A. On Tuesday, Thursday or Sat•
urday, on the east side of the fol•
lowing portions of the following
streets:
L Main Street from Dodge Street
to West 17th Street;
2. Locust Street from Dodge
Street to West 17th Street;
3. Central Avenue from East
Fourth Street to East 20th Street;
4. White Street from East Fifth
Street to East 20th Street;
5. Elm Street from East Eleventh
Street to East 20th Street;
8. Bluff Street from Dodge
Street to West 16th Street;
7. Iowa Street from West Fourth
Street to West 17th Street;
8. Jackson Street from East
Sixth Street to East 20th Street;
9. Washington Street from East
Ninth Street to East 20th Street.
10. Elm Street from East Elev
enth Street to East 20th Street;
i
564 Regular Session, October 4th, 1954 Regular Session, October 4th, 1954 565
B. On Monday, Wednesday or
Friday on the west side of the fol-
lowing portions of the following
streets:
1. Main Street from Dodge Street
to West 17th Street;
2. Locust Street from Dodge
Street to West 17th Street;
3. Central Avenue from East
Fourth Street to East 20th Street;
4. White Street from East Fifth
Street to East 20th Street;
5. Elm Street from East Eleventh
Street to East 20th Street;
6. Bluff Street from Dodge
Street to West 16th Street;
7. Iowa Street from West Fourth
Street to West 17th Street;
8. Jackson Street from East
Sixth Street tb East 20th Street;
9. Washington Street from East
Ninth Street to East 20th Street;
10. Elm Street from East Elev-
enth Street to East 20th Street.
C. On Tuesday or Thursday on
the north side of the following
portions of the following streets:
1. West First Street from Bluff
Street to Iowa Street;
2. West Second Street from Bluff
Street to Locust Street;
3. West Third Street from Bluff
Street to Main Street;
4. Fourth Street from Bluff
Street to Iowa Street;
5. Fifth Street from Bluff Street
to White Street;
6. Sixth Street from Bluff Street
to Jackson Street;
7, Seventh Street from Bluff
Street to Washington Street;
8. Eighth Avenue from Bluff
Street to Pine Street;
9. Ninth Street from Bluff Street
to Pine Street;
10. Tenth Street from Bluff
Street to Washington Street;
11. Eleventh Street from Bluff
Street to Pine Street;
12. Twelfth Street from Bluff
Street to Pine Street;
13. 13th Street from Bluff Street
to Washington Street;
14. Loras Boulevard from Bluff
Street to Central Avenue;
15. East 14th Street from Cen-
tral Avenue to Pine Street;
16. Fifteenth Street from Bluff
Street to Pine Street;
... ~,...y,e. ~... ,,,...~,.,. •...;., .,., ..a <a Wri•.r r~ry~. rr~y..,aa~.KA~M Y-d,~yr'.~f'k'r4~,.1~,.
17. Sixteenth Street from Iowa
to Pine Street;
18. Sixteenth Street from West
Locust Street to Main Street;
19, Seventeenth Street from West
Locust Street to Pine Street;
20. Eighteenth Street from Cen-
tral Avenue to Pine Street;
21. Nineteenth Street from Cen-
tral Avenue to Pine Street;
22. Twentieth Street from Cen•
tral Avenue to Elm Street;
D, On Monday or Friday on the
south side of the following por-
tions of the following streets:
1. West First Street from Bluff
Street to Iowa Street;
2, West Second Street from Bluff
Street to Locust Street;
3. West Third Street from
Bluff Street to Main Street;
4. Fourth Street from Bluff
Street to Iowa Street;
5. Fifth Street from Bluff Street
to White Street;
6. Sixth Street from Bluff Street
to Jackson Street;
7. Seventh Street from Bluff
Street to Washington Street;
8. Eighth Avenue from Bluff
Street to Pine Street;
9, Ninth Street from Bluff Street
to Pine Street;
10. Tenth Street from Bluff
Street to Washington Street;
11. Eleventh Street from Bluff
Street to Pine Street;
12, Twelfth Street from Bluff
Street to Pine Street;
13. Thirteenth Street from Bluff
Street to Washington Street;
14, Loras Boulevard from Bluff
Street to Central Avenue;
15, East Fourteenth Street from
Central Avenue to Pine Street;
16. Fifteenth Street from Bluff
Street to Pine Street;
17. Sixteenth Street from Iowa
Street to Pine Street;
18. Sixteenth Street from West
Locust Street to Main Street;
19. Se„orteo„rh a+.oot f,~,.r, wort
Locust I
20. Ei
tral Avi
21. N
tral Avi
22. T
tral AvE
,,
i '.
y
I~
E. On Mondays on the west side
of the following portions of the
following streets:
1. White Street from Fourth
Street to Fifth Street;
2. Central Avenue from Third
Street to Fourth Street;
3. Iowa Street from First Street
to Fourth Street;
F. On Saturdays on the east side
of the following portions of the
following streets:
1. Central Avenue from Third
Street to Fourth Street;
2. Iowa Street from First Street
to Fourth Street;
3. White Street from Fourth
Street to Fifth Street.
G. On Mondays on the north side
of the following portions of the
following streets;
1. Second Street from Iowa
Street to Locust Street;
2. Third Street from Central
Avenue to Main Street;
3. Fourth Street from White
Street to Iowa Street;
H. On Saturdays on the south
side of the following portions of
the following streets:
1. Second Street from Iowa
Street to Locust Street;
2. Third Street from Central
Avenue to Main Street;
3. Fourth Street from White
Street to Iowa Street,
Passed, adopted and approved
this 4th day of October, A.D. 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 11th
day of October, 1954.
lt. 10.11
J. J. SHEA,
City Clerk
Councilman Welu moved the
October 4, 1954
To the Honorable Mayor
and City Council,
Dubuque, .Iowa
Gentlemen:
This is to advise that I have ap•
proved the following bonds and
policy and desire to have your ap•
proval on same for filing, subject
to the approval of the City Soliei-
tar:
SIDEWALK
E. K. Staheli, Hawkeye-Security
Ins. Co.
Edwin J, Kcerperick, Bond No.
617139-54, Western Surety Co.
HEATING
Paul Gerischer (Gerischer Furnace
& Sheet Metal Wks.), United
Fire & Casualty Co.
Joe J. Reuter (Joe Reuter Sheet
Metal Works), Western Surety
Co.
Richard J. Burke, American Bond-
ing Co.
Montgomery Ward & Co., Inc., In-
demnity Ins. Co. of North Amer-
ica
George F. Pinski, United States Fi-
delity & Guaranty Co.
EXCAVATION
H. M. Steger and F. T. Steger, Ste-
ger Construction Co., 2745 Dodge
Street, Policy No. XP 134157,
The Fidelity and Casualty Co. of
N.Y.
Respectfully submitted,
L, J. SCHILTZ,
City Manager
Councilman Kolb moved that the
Bonds and Policy be placed on file
subject to the approval of the City
Solicitor. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas - Mayoo Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
October 1, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
ty of Du-
Concrete
has been
with the
1954 Bi-
566 Regulat Session, October 4th, 1954
taminous Concrete Surfacing Proj-
ect Na. 1" consisted of the follow-
ing streets:
Carter Road
Dock Street ,
Dunning Street
East 27th Street
East 28th Street
Edina Street
Emmett Street
Fengler Street
Gay Street
Hedley Court
High Bluff Street
Humboldt Street
Indian Ridge
Nevada Street
Park Street
Plum Street
Putman Street
Schiller Street
Sheridan Street
Shiras Avenue
Vernon Street
West Street
Whittier Street
I hereby recommend that the
improvement be accepted by the
City Council.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kolb moved that
the recommendation of City Man-
ager Schiltz be approved. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0.299.54
Whereas, the contract for the
City of Dubuque, 1954 Bituminous
Concrete Surfacing Project No. 1.
Carter Road from the North
Property Line of Asbury Road to
the South Property Line of Kauf-
mann Avenue.
Dock Street from the East Prop-
erty Line of Lincoln Avenue to the
West Property Line of Garfield
Avenue.
Donning Street from the East
Property Line of Bradley Street to
the West Property Line of Grand-
view Avenue.
East Twenty-Seventh Street from
the East Property Line of Jackson
Street to the West Property Line
of Pinard Street.
East Twenty-Eighth Street from
the East Property Line of Wash-
ington Street to the West Side of
the Chicago Great Western Rail•
road Company Tracks.
Edina Street from the East Prop•
erty Line of Glen Oak Street to
the West Property Line of Alta
Vista Street.
Emmett Street from the East
Property Line of St. Mary's Street
to the West Property Line of Bluff
Street,
Fengler Street from the West
Property Line of Garfield Avenue
to the East Property Line of Lin-
coln Avenue.
Gap Street from the West Prop-
erty Line of Broadway Street to
the West Property Lino of Musca-
tine Street.
Hedley Court from the South
Property Line of Lowther Street
to the Weat Property Line of
Strauss Street.
High Bluff Street from the
North Property Line of Stafford
Street to the South Property Line
of Farley Street.
Humboldt Street from the East
Property Line of High Bluff Street
to the West Property Line of Gar-
field Avenue.
Indian Ridge from the South
Property Line of Grandview Ave•
nue to the end of Indian Ridge.
Nevada Street from the North
Property Line of Dodge Street to
the South Property Line of West
Third Street.
Park Street from the West Prop-
erty Line of Glen Qak Street to
the Present Curb Wost of Glen
Oak Street.
Plum Street from the South
Property Line of Cleveland Ave-
nue to the North Property Line of
Rush Street
Putnam Street from the East
Property Line of Muscatine Street
to the Weat Property Line of
Broadway Sheet.
Schiller Streot from the East
Property Line of High Bluff Street
to the West Property Line o! Gar-
field Avenue.
Sheridan Street from the North
Property Line of Lowther Street
to the South Property Line of
Goethe Street.
E
Regular Session, October 4th; 1954 567
5hiras Avenue from the South
Property Line of Lot 2.222 of Juli-
en Addition to the North Property
Line of Lot 1.3 North ~h of Min-
eral Lot 309A.
Vernon Street from the West
Property Line of Alta Vista Street
to the East Property Line of Glen
Oak Street.
West Street from the West Prop-
erty Line of Finley Street to the
West Property Line of Gilliam
Street.
Whittier Street from the West
Property Line of Rhomberg Ave•
nue to the East Property Line of
Lincoln Avenue.
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates,
notices, inspection, and preparing
the assessment and plat, now there-
fore,
Be It Resolved, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$99,857.27.
That $79,725.45 of the cost there-
of shall be assessable upon private
property and $20,131.82 shall be
paid from the Street Construction
Fund of the City of Dubuque. ,
Passed, adopted and approved
this 4th day of October, 1954.
LEO N. SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the fallowing vote:
Yeas -Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
(A Resolution Accepting Improve-
ment end Directing the Clerk to
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION N0.300.54
Where, the contract for the im
provement of the following street,
by surfacing the same with Bitu-
minous Concrete Surfacings, to
wit:
1. Carter Road from the North
Property Line of Asbury Road to
the South Property Lino of Kauf-
mann Avenue.
2. Dock Street from the East
Property Line of Lincoln Avenue
to the West Property Line of Gar-
field Avenue.
3. Dunning Street from the East
Property Line of Bradley Street to
the West Property Line of Grand-
view Avenue.
4. East Twonty-Seventh Street
from the East Property, Line of
Jackson Street to the West Proper-
ty Line of Pinard Street.
5. East TwentyEighth Street
from the East Property Line of
Washington Street to the West
Side of the Chicago Great Western
Railroad Company Tracks.
8. Edina Street from the East
Property Line of Glen Oak Street
to the West Property Line of Alta
Vista Street.
7. Emmett Street from the East
Property Line of St. Mary's Street
to the West Property Line of
Bluff Street.
8. Fengler Street from the West
Property Line of Garfield Avenue
to the East Property Line of Lin-
coln Avenue.
9. Gay Street from the West
Property Line of Broadway Street
to the West Property Line of Mus-
catine Street.
10. Hedley Court from the South
Property Line of Lowther Street
to the West Property Line of
Strauss Street.
11. High Bluff Street from the
North Property Line of Stafford
Street to the South Property Line
of Farley Street.
12, Nevada Street from the
North Property Line of Dodge
Street to the South Property Line
of West Third Street.
13. Park Street from the West
Property Line of Glen Oak Street
to the Present Curb West of Glen
Oak Street.
14. Plum Street from the South
Property Line of Cleveland Avenue
- to the North Property Line of Rush
Street.
568 Regular Session, October 4th, 1954
15. Putnam Street from the East
Property Line of Muscatine Street
to the West Property Line of
Broadway Street,
16. Schiller Street from the East
Property Line of High Bluff Street
to the West Property Line of Gar-
field Avenue.
17. Sheridan Street from the
North Property Line of Lowther
Street to the South Property Line
of Gcethe Street.
18, Shiras Avenue from the
South Property Line of Lot 2.222
of Julien Addition to the North
Property Line of Lot 1.2 North '~
of Mineral Lot 309A,
19. Vernon Street from the West
Property Line of Alta Vista Street
to the East Property Line of Glen
Oak Street.
20. West Street from the West
Property Line of Finley Street to
the West Property Line of Gilliam
Street.
21. Whittier Street from the
West Property Line of Rhomberg
Avenue to the East Property Line
of Lincoln Avenue.
22. Humboldt Street from the
East Property Line of High Bluff
Street to the West Property Line
of Garfield Avenue.
23. Indian Ridge from the South
Property Line of Grandview to the
end of Indian Ridge.
has been completed and the City
Manager has examined the work
and filed his certificate stating
that the same has been completed
according to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque, that the
recommendation of the City Man-
ager be approved and that said
improvement be and the same is
hereby accepted and the City En•
gineer be and he is hereby directed
to prepare a play 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 improvement bonds is-
sued upon the above described im-
provement in amount equal to the
amount of his contract, less any
retained percentage provided for
therein.
Passed, adopted and approved
this 4th day of October, 1954.
Approved:
LEO N. SCHUEi,T,FT;,
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Kolb. Carried
by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
August 27, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise you that the im-
provement of Kane Street from the
west property line of Primrose
Street to the west end of bane
Street with concrete curb and gut-
ter has been completed in accord•
once with the plans and specifi-
cations.
I therefore, recommend the ac•
ceptance of this improvement.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kolb moved that the
recommendation of (:itv Manaaar
Sch:
Cou
folk
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ciln
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Regular Session, October 4th, 1954 569
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0.361.54
Whereas, the contract for the
improvement of Kane Street from
the west property line of •Primrose
Street to the west end of Kane
Street, with Concrete Curb and
Gutter has been completed and
the City Engineer has submitted
his final estimate showing the cost
thereof including the cost of esti-
mates, notices, inspection, and pre-
paring the assessment and plat,
now therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$16,594.90.
That $12,741.23 of the cost
thereof shall be assessable upon
private property and $3,853.67
shall be paid from the Street Con-
struction Fund of the City of Du-
buque.
Passed, adopted and approved
this 4th day of October, 1954.
LEO N.SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KIlVTZIlVGER
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.
(A Resolution Accepting Improve•
ment and Directing the Clerk to
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION NO. 302.54
Whereas, the contract for the im-
provement of Kane Street with
f`nnrrata (:nrh and Gutter from
cations and recommends its ac-
ceptance, 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
Engineer be and he is hereby di•
reefed to prepare a plat and sched-
ule showing the lots or parcels of
real estate subject to assessment
for said improvement and file the
same in the office of the City Clerk
subject to public inspection and
said Clerk shall upon receipt of
such plat and schedule publish the
notice of the Council's intention
to levy special assessments there-
for, 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 improvement bonds is-
sued upon the above described im-
provement in amount equal to the
amount of his contract, less any
retained percentage provided for
therein,
Passed, adopted and approved
this 4th day of October, 1954.
Approved:
LEO N. SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB ,
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kintzinger moved
the adoption of the resolution. Sec-
onded by Councilman Kolb. Carried
by the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
October 1, 1954
To the Honorable Mayor
and City Council,
Thihnnue Tnwa
570 Regular Session, October 4th, 1954
division Na. 2; thence running
north 156 feet to a point 40 feet
south of the south edge of con-
crete pavement, thence running
west parallel to the edge of con-
crete pavement for a distance of
1030.32 feet to a point 10 feet west
of the East Property Line of Lot 3
of Burkart Subdivision-has been
completed in accordance with the
plans and specifications.
I hereby recommend the im-
provement be accepted by the City
Council.
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 vo{e:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0.303.54
Whereas, the contract for the
construction of an eight (8) inch
sanitary sewer in Dodge Street,
beginning at the existing manhole
112 feet west of the West Property
Line of Cherokee Drive and on the
North Property Line of Lot 2 of
Dubuque Homes Subdivision No. 2,
thence running north 156 feet to
a point 40 feet south of the south
edge of"concrete pavement, thence
running west Parallel to edge of
concrete pavement for a distance
of 1090.32 feet to a point 10 feet
west of the East Property Line of
Lot 3 of Burkart Subdivision has
been completed and the City En-
gineer has submitted his final es-
timate showing the cost thereof
including the cost of estimates, no-
tices, inspection, and preparing the
assessment and plat, now there-
fore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$6,064.32,
That $6,054.32 of the cost there-
of shall be assessable upon private
property.
' r
, ~ . a x a tr~~a M+,ar7.~..,,~~, .
Passed, adopted and approved
this 4th day of October, 1954.
LEO N. SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A, KINTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
(A Resolution Accepting Improve-
ment and Directing the Clerk to
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION N0.304.54
Whereas, the contract for the
construction of an eight (8) inch
sanitary sewer in Dodge St. begin-
ning at the existing manhole 112'
west of the West Property Line
of Cherokee Drive and on the
North Property Line of Lot 2 of
Dubuque Homes Subdivision No. 2,
thence running north 166 feet to
a point 40 feet south of the south
edge of concrete pavement, thence
running west parallel to edge of
concrete pavement for a distance
of 1030.32 feet to a paint 10 feet
west of the east property line of
Lot 3 of Burkart Subdivision has
been completed and the City Man-
ager has examined the work and
filed his certificate stating that
the same has been completed ac-
cording to the terms of the con•
tract, plans and specifications and
recommends its acceptance, now
therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque, that the
recommendation of the City Man-
Regular Session, October 4th, 1954 57'.
schedule publish the notice of the
Oounal's intention to levy special
assessments therefor, as required
by law.
Be it Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the funds td be realised from
the sale of sewer bonds issaed np-
on the above described improver
mart in amount equal to the
amount of his contract, less any
retained percentage provided for
therein,
j Passed, adopted and approved
this 4th day of October, 1954.
Approved:
LEO N. SCHTIELLER
Mayor
CLARENCE P. WELD
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KAVTZINGER
Councilmen
Attest: J. 3. SIiEA,
City Clerk
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Kolb. Car-
rigid by the following vote:
' Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Wtdu.
Nays-None.
f October 2, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
i ' This is to advise you that the im-
pravement of a 8" Sanitary Sewer
in Kane Street, under construction
by the Sat#ran Construction Com-
panyhas been completed in accord-
ance with the plans and specifica•
~' ~ bons.
~ ~~ I, t6,ere#ore, recommend the ac•
ceptance of this work.
Respectfully submitted,
L. J. SCIiiLTZ,
FINAL ESTIMAT@
CITY OF DUBUQUE, IOWA
RESOLUTION N0, 905.54
Whereas, the contract for the
construction of an eight inch sani-
tary sewer in Kane Street, con9•
marring at existing Kaufmann
Avenue Trunk Line Sewer at a
point approximately 1884 feet west
of the intersection of c~..~.. line
of Kane Street and Kaufmann Ave•
rue thence running north a dis-
tance of 217 feet, thence north
west a distance of 624 feet, thence
north a distance of 550 feet to a
po{nt on center line of Kane Street.
This line will run through ease~
moms on the following property:
Lot 2 of 1 of 51 Burtons Addition,
Lot 1 of l of 2 of mineral Lot 3l4,
Lots 1 of 2 of 1 of 1 of 1 of 2 of 1,
2of2~of2of1oflofloftofl,
lof2of2oflofloflof2of
1, and 2 of i of 2 0# 1 aIl in Mineral
Lot 343, Lots 2, sad 1 of 1 of 1, all
in Olds Place, thence from point
on center line of Kane Street, cast
a distance of Z30 feet, to a point
15 feet east of the west property
lino of Lot 1 of 1 of 2 cf Mineral
Lot 844, and west a distance of
1280 feet to the end of Kane Street
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
inching the cost of estimates, no-
tires, inspection, and preparing
the assessment and plat, now there-
fore,
Be It Resolved, by the City Coun•
cil of the City of Dubuque,
That the cost of said improve-
~nt is herby determined to be
$13,829.66.
'that $10,61991 of the cost there-
of shall be assessable upon private
property, $230.00 paid bq City of
Dabaque Water Dept. and X3,019.75
shall be paid from the 2799.75 i$2-
J-1-A Fund of the City of Dabugae.
Passed, adopted and approved
... ... n___ _c n..a..7..... tOrvt
572 Regular Session, October 4th, 1954
Councilman Kolb moved the
adoption of the resolution. Second•
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
(A Resolution Accepting Improve-
- ment and Directing the Clerk to
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION .NO.30b54
Whereas, the contract for the
eight (8) inch sanitary sewer in
Kane Street, commencing at exist-
ing Kaufman Avenue Trunk Line
Sewer at a point approximately
1884 feet west of the intersection
of Kane Street and Kaufmann Ave-
nue thence running north a dis-
tance 217 feet, thence north west
_ a distance of 624 feet, thence run-
Wing north a distance of 550 feet
i == to a point on center line of Kane
Street, This line will run through
easements on the following prop-
erty: Lot 2 of 1 of 51 of Burtons
Addition, Lot 1 of 1 of 2 of Mineral
E Lot 344, Lots 1 of 2 of 1 of 1 of 1
= of2of1,2of2of2ofloflofl
of2ofl,lof2of2ofloflofl
of2ofl,and2oflof2oflall
in Mineral Lot 343, Lots 2, and 1
E .- of 1 of 1, all in Olds Place. Thence
~ ~ from point on center line of Kane
Street, east a distance of 230 feet,
to a point 15 feet east of the West
= Property Line of Lot 1 of 1 of 2
of Mineral Lot 344, and west a dis-
tance of 1260 feet to the end of
= Kane Street has been completed
s and the City Manager has exam-
= fined the work and filed his certifi-
Cate stating that the same has been
- completed according to the terms
'~ of the contract, plans and specifi-
am cations and recommends its accept-
°~ ante, now therefore,
Be It Resolved, by the City Caun-
cil of the City of Dubuque, that
the recommendation of the City
f °_ Manager be approved and that said
~- improvement be and the same is
°=
~ hereby accepted and the City En-
'
a' gineer be and he is hereby directed
to prepare a plat and schedule
showing the
estate subj
'~ said impre
~Q same in the
subject to public inspection and
said Clerk shall upon receipt of
such plat and schedule publish the
notice of the Council's intention to
levy special assessments therefor,
as required by law, "
Be It Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the funds to be realized from
the sale of 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 4th day of October, 1954.
Approved:
LEO N. SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Welu moved the
adoption of the resolution, Second-
ed by Mayor Schueller. Carried by
the following vote;
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None..
RESOLUTION N0.307.54
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with
the provisions of law relating to
the sale of cigarettes within the
City of Dubuque, be granted a per-
mit to sell cigarettes and cigarette
papers within said City and the
Manager is drected to issue such
permit on behalf of said City.
Mrs. Mildred Garner, 553 Eighth
Avenue
Maurice H. Mellon, 115 East 22nd
Street
Wartburg Seminary Snack Bar, 333
Wartburg Place
Clarence Ney, 1703 Maple Street
Mrs. Rosella Childers, 1602 Cen-
tral Avenue
Regular Session, October 4th, 1954 573
Passed, adopted and approved
this 4th day of October, 1954.
LEO N.SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V, AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J, J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second•
~ ed by Councilman Welu. Carried
by the following vote:
Yeas - Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
RESOLUTION N0.308.54
Whereas, applications for Beer
~' ? Permits have been submitted to
i this Council for approval and the
same have been examined: Now,
Therefore,
i~ 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, Rosella Childers, 1602 Central
~I Avenue
Thomas E. Nacos, 720 Iowa Street
John J. Hickey, 55 Locust Street
Mrs. Julia V. Libansky, 1563 Cen-
tral Avenue
~ 1 : ~ Mrs. Mildred Garner, 553 Eighth
Avenue
Fred Frary, 2220 University Ave-
- nue
John E. Noel and June Noel, 2400
Central Avenue
Joseph A. Kramer and Louis P.
'~ O'Connor, 55 East 7th Street
s Maurice H. Mellon, 115 East 22nd
Street
Harold J. Love, 802 Iowa Street
CLASS "B" PERMIT FOR
PRIVATE CLUB
I~ Disabled American Veterans Club,
Inc., 951' Main Street
,~' :. ~ CLASS "C" PERMIT
I ._.L.._ rr u:.,s.....« min nt,..•.,
Passed, adopted and approved
this 4th day of October, 1954.
LEO N. SCHUELLER
Mayor
CLARENCE P. WELU
RAY F, KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilmen
Attest: J. J, SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Councilman Welu, Carried
by the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
RESOLUTION N0.309.54
Whereas, heretofore applications
for Beer Pernuts were filed by the
within named applicants and they
have received the approval of this
Council; and
Whereas, the premises to be oc-
cupied by such applicants have
been inspected and found to com-
ply with the ordinances of this
City and they have filed proper
bonds: Now, Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
Manager be and he is directed to
issue to the following named ap-
plicants aBeer Permit.
CLASS "B" PERMIT
Mrs. Rosella Childers, 1602 Central
Avenue
Thomas E. Nacos, 720 Iowa Street
John J. Hickey, 55 Locust Street
Mrs. Julia V. Libansky, 1563
Central Avenue
Mrs. Mildred Garner, 553 Eighth
Avenue
Fred Frary, 2220 University Ave-
nue
John E, Ncel and June Nael, 2400
Central Avenue
Joseph A. Kramer and Louis P.
O'Connor, 55 East 7th Street
Maurice H. Mellon, 115 East 22nd
Street
Harold J. Love, 802 Iowa Street
8'14 lttgular Session, October 4th, 1954
CLA51i "C" PERMIT
Arthur Ii. Eichman, 2119 Ithom-
berg Avenue
Merlin Apel, 1195 Dodge Street
W. C. Cl;than, Cor. Dodge & Bluff
Streets
Be It Farther Resolved That the
bonds filed by such applicants be
and the eatne are hereby approved.
Passed, adopted and approved
this 4th day of October, 1954.
LEO N. SCHUELLER
Mayor
CLARTtNCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KIIZTZINGER
Councilmen
Attest: J. J, SHEA,
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Kolb. Carried by
the following vote;
Yeas -Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None,
RESOLUTION Nb. 31454
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
as follows:
Section 1, That in accordance
with the provisions of Section
97B.46 of the 1954 Code of Iowa, J.
J. Shea is hereby authorized and
requested to continue in his duties
as City Clerk until January 4, 1955.
SeNien 1. That the City Clerk be
and he is hereby authorized and
duetted to file a copy of this Reso-
lution with the Iowa Employment
Security Commission.
Passed, adopted and approved
this 4th day of October, A.D.. 1954.
LEO N. SCHUELLEfi
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
CHARLES A. KINTZINGER
Councilren
Attest; J. d. SHEA,
City CIerk
Councilman We1a moved the
adoption of the resolution, Second•
ed bq Councilman Kolb, Carded by
the following vote:
Yeas ~ Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
m A .. . , .. , .. ., , ~., .: , ,~-,iu~s*+x+n~anrkk~ + : ~
Councilman Khttzinger moved
that Miss Shirley Cochran be ap-
pointed as a merabet o~ Play-
ground and Recreation Commis-
sion for the term expirhtg July 5th,
1955. Seconded by Councilman
Kolb. Carded by the following
vote:
Yeat -- Mayor Schueller, Coun•
cilmen Austin, Kintzinger, Kolb,
Welu.
Naya~-None.
There being no further business
Countilnum Kolb moved to ad•
journ. Seconded by Councilman
Wefu. Carried by the following
vote:
Yeas - Mayor Schueller, Coun-
cilmen Austin, Kintzinger, Kolb,
Welu.
Nays-None.
J. J. sHEA,
City Clerk
Approved ................................1955.
Adopted ..................................1955.
Councilmen : ....................................
Attest : .................................................
City Clerk
t`
t
4.
;,'o-,.
~.
Special Session, October 12th, 1954 575
CftY COUNCIL
(OFFICIAL)
Special Session, October 12th,
1954.
Council met at 7:30 P.M.
Present Mayor Schueller, Coun•
cilmen Kintzinger, Kalb, Welu.
City Manager Schiltz,
Absent-Councilman Austin.
Meeting called by order of May-
or Schueller. Mayor Schueller read
the call and stated that service
thereof had been duly made and
that this meeting is called for the
purpose of canvassing the vote cast
at the Television Franchise Special
Election held on Octab~r 11th,
1954 and acting on any othet busi-
ness as may properly come before
a regular meeting of the City Coun-
cil.
1805 Audobon Street
Dubuque, Iowa
October 12, 1954
Mayor Leo N. Schueller
Dubuque, Iowa
Dear Mayor Schueller:
A prior engagement made be-
fore the date for this meeting was
set prevents me from being pres-
ent tonight. I know all members of
the Council join mein reaffirming
to the citizens of Dubuque our con-
tinuing faith in the democratic
process which permits the citizens
of our community to arrive at their
own conclusions in matters affect-
ing the city. Their expressions in
the franchise votes are a clear in-
dication of their preference which,
unfortunatelq, we were not able to
ascertain with accuracy before our
once with our best judgment, rnn-
science, and our oath of office.
Very truly yours,
Ruben V. Austin
City Councilman
Councilman Welu moved that
the communication of City Coun-
cilman Austin be received and
made a matter of record. Second-
ed by Councilman Kintzinger. Car•
ried by the following vote:
yeas - Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None,
Absent-Councilman Austin.
The votes cast at the Special
Election held October 11th, 1954
were canvassed and showed the
following result:
Television Franchise Election
October 11th, 1954
Special Election
Precinct Yes No Rej. Tot.
First 376 60 5 441
Second 352 81 4 437
Third 284 55 1 340
Fourth 182 28 11 221
Fifth 342 72 414
Sixth 414 84 20 518
Seventh 190 34 6 230
Eighth 234 37 271
Ninth 216 49 3 268
Tenth 350 75 21 446
Eleventh 290 56 9 355
Twelfth 289 77 3 389
Thirteenth 298 91 8 397
Fourteenth 284 130 20 434
Fifteenth 296 79 375
Sixteenth 157 49 2 208
TOTAL 4554 1057 113 5724
RESOLUTION N0.313.54
Whereas a special municipal
election was held on October 11,
1954, in the City of Dubuque pur-
576 Special Session, October 12th, 1954
places of the City of Dubuque in
accordance with the terms of a
proposed ordinance. And, Where-
as, the votes cast at such election
were canvassed by the City Coun-
cil of October 12th, 1954 at a spe-
cial meeting of said City Council
called into session for said purpose
and the result found to be as fol-
IOWS:
Yes 4554. No 1057, Rejected 113.
Total 5724.
And, Whereas, it appears from
such canvass that a majority of all
of the electors, voting at said spe-
cial election voted in favor of the
above proposition,
Now, Therefore, Be It Resolved
by the City Council of the City of
Dubuque:
That in compliance with the
wishes of the people expressed at
the special election held on Oc-
tober 11th, 1954, the above public
measure has been approved and
the same is hereby declared to be
passed.
Passed, adopted and approved
this 12th day of October, 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, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin,
ORDINANCE NO. 56.54
Community Television Franchise
An Ordinance granting to Du•
buque,Terrold Television Cable
Corporation, an Iowa Corporation,
its successors and assi>;ns, the right
bution of television impulses and
television energy for sale to the
inhabitants of said City, and other
purposes, for a period of ten years,
and regulating the same; and pro-
viding terms and conditions of said
Franchise, presented and read.
Mayor Schueller moved that the
reading just had be considered the
first reading of the ordinance. Sec•
coded by Councilman Kintzinger.
Carried by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu,
Nays-None,
Absent-Councilman Austin.
Mayor Schueller moved that the
rules be suspended requiring an
ordinance to be read on three sepa-
rate days. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas -Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
ORDINANCE No. 58.54
CUmMUN1TY TELEVISION
FRANCHISE
An Ordinance granting to Dubuque•
Jerrold Television Cable Corpora-
tion, an Iowa corporation, its euc•
cessora and assigns, the right to erect,
maintain and operate tranerolaslon
and distribution [acinties and addl-
tlons thereto, ln, under, over, along,
across and upon the streets, lanes,
avenues, eldewalka, ~ll~ys, brldgea,
highways, and other public pplaces In
the Clty of Dubuque, and aubeequent
additions thereto, for the putrgpooee of
tranamisaion by cable and dietAbu-
tion of televlelon impulses aad tele-
vleion energy for sale to the lnhabl
tents of aald Clty, and other purposes,
for a period of 10 years, and regukit-
ing the sarAe; and providing (erms
and conditions of said Franchise.
Be It Ordained By The City Coun-
cil Ot The Clty Of Dubuque, Iowa:
3ectlon 1. [n consideration of the
taithtul performance and observance
o! the conditions and reservations
hereinafter specltied, the right !e
hereby granted to Dubuque- errold
Television Cablx Corporation, a oor-
poratlon organfaed under the laws
of the State of Iowa, its euoceeeore
and asaigna, hereinafter referred to as
the "Company" the rbtht to erect,
malntaln, and operate television trene-
misaion and distribution facintlee and
addltlona thereto In, under, over,
along. across and upon the streets,
lanes. avenues. aidawre.lka. alleve.
~;
~ ~•`
~.
Special Session, October 12th, 1954 577
transmission of audio elgnala and
transient visual Images by means of
electrlca] lmpulsea.
8eotlon E The poles used [or the
company's dletr[bution system -shall
be those erected and malntalned by
the Northwestern Bell Telephone
Company, or the [nteratate Power
Company, when and where practle-
able, provlding mutually satisfactory
rental agreements can be entered Into
With Bald Company.
Section 4. The ComDany'e trsne-
miesion and dietrlbutlon system, poles,
wlree and appurtenances, shall be
located, erected and rosintained so ae
oat to endanger or interfere with the
lives of persona, or to Interfere with
any improvements the City may deem
proper to make, or to unnecessarily
hinder or obstruct the free use of
the streets, alleys, bridges or other
public property.
The Clty Council, under reasonable
regulattone, reserves the right. to re-
qulre the (,'ompany [o place lta con-
ductors underground and to designate
the dlatrlete in which such work shall
be performed, and also to order the
removal or relocation of Doles, wires
and other appurtenances erected by
the Company whenever, in the Judg-
ment of the City Council, auc6 action
le necessary m the public interest,
and the Company shall forthwith
comDiy with any and all Inatructiona
and directives m such matters at its
own expense.
-~' Conetructlon ono maintenance o[
the tranemlaslon dietrlbutlon system,
including house connections, shall be
in accordance with the provtelona o[
the National Electrical Safety Code,
prepared by the National Bureau of
Standards, the National Electrical
Code of the National Board of Fire
Underwrttera, and such apyHcable
ordinances and regulations o} the City
o} Dubuque affecting electrical !n-
atallatione which may be presently
In effect or may be enacted by the
City Connell o} the Clty of Dubuque.
Installation and house drop hard-
ware shall be uniform throughout
the City except that the Company
shall be tree to change its hardware
and installation procedure ea the art
yrogreeses, provided such changes
have been approved by the City Elec-
8ection 5. [n the maintenance and
operation of its televlaion tranamis-
alon and dlatMbutlon system in the
streets, alleys and other public places,
and In the course of any new con-
etructlon or addition [0 1ta facitltiea,
the Company shall yroceed so as to
cause the least possible inconvenience
to the general public; any opening or
obstruction In the streets or other
ubllc places, made by the Company
Pn the course of Ile operatlona, shall
be guarded and protected at all times
by the placement of adequate bar
riers, fences, or boardinge, the bounds
of which during periods of duck and
darkneea shall be clearly designated
by red warning lights.
Whenever the Company shall take
up or disturb any pavement, sidewalk,
or other Improvement of any street,
the Company within twenty-four (29)
hours after receipt of such notice be-
gins or resumes the restoration, the
City may cause the prcper restoration
to be made, including the removal of
excess dirt, and the expense of same
shall be paid by the Company upon
demand by the City.
The Com any shall at all times
comply with any and all rules and
regulations which the City has made
or may make applying to the public
generally with reference to the re-
moval or replacement of pavements
and to excavatlone In streets and
other public places, not inconeietent
with their use for the purpoaee con•
templated In this Ordinance.
Section 6. The Company shall
maintain its attachments oa poles
that the City now uses, or has been
authorized by other franchisee now
In force or hereafter enacted to use,
1n ouch manner that it wiil not inter-
fere with the use oP ouch poles by
the City
Section 7 In consideration ai the
rights granted In Section 1 hereof, the
tbmpanr agrees and binds lteeli to
extend its deco and to serve any and
all appllcationa for [eleviaion service
whose dweliings or ptacee of buaineas
are ~ncared In the City of Dubuque
and who in good fault have entered
Into nr signified their willingness to
enter into a contract for such tele-
vision aervlce, except that the Com-
pany shall not be required to extend
its line In order to serve any appli-
cant 11 it requires the Inatallatlon of
additional poles In order to do so.
Section 8 The Company shall
have the right to prescribe reasonable
service rules and regulations for the
conduct of its buslneea not Inconaie-
[ent with [he prnvislona of thle Or
dlnance and a copy oP such service
rules and regulations shall be kept
on Elie at all tlmea with the Clty
Clerk
Section 9 All rates, and charges
exacted by the Comppaany shall be
Pair, reasonable and Juet.
Section 10 The Company shall pro•
vide a minimum of five (5) channels
available to Its customers at any one
time, provided satisfactory reception
of a minimum of five channels fa
available in the area.
taneCita services ~nmaeenortiancemwith
such reasanahl~ atandarde regarding
uniformity of transmission, input-
rms, nuke levels,. and channel signal
voltages as the City Council shall,
from time to time eatabliah. For the
purpose oP implementing the terms
of this Section the Company shall
provide, without charge, adequate
teat equipment to aerform peModir
Beata to determine whether each
standards are being complied with
and shall cooperate with the Cfty,
or its ofPlc(al repreaentatlvea In con-
ducting ouch testa. The company
further agrees to pay such reasonable
fees for such testa and for In-
stallation Inspectlone as the Clty
Council may from time to time es-
tablish.
Sectlen lE. The Company a dlatri-
378 Special Session, October 12th, 1954
tennnee of equipment ehajJ be sash
that standard NT$C color signals
shop be tregamuted to any eub-
epriher receiver without objnetlnnahle
picture degradation.
8eetlon 16 The dletributiun system
of tAe Company to be hereafter In
stalled shall not be abandoned, eith-
er in whole ar In par[, without the
eoneent of the City Cauncn In the
event of the (allure of the CnmpanY
to render community televlelon serv-
ice to the City of Dubuque and the
inhabitanfe [hero(, as contemplated
and provided for by Chla Urdinance,
and 'particularly Section i hereof,
within a period of one year from the
effectlve date of this Ordlnauce, the
t'ity Cougcll ehaJl have the right, on
•rsasnpaq}e neNoe to the f`ompanY, to
dechrre this Ordinance and the rights
and franrhlae granttd thereunder f~r-
feiled, orovided. however, (allure to
comply w-th the terms of Sectlon 1
hereof by rndann of causes beyond
the reasonable control oP the emn•
pant. which coWd not be antlrlpated
nt the lima of the acceptance of Its
terms by the Company, shall not be
eufflrleni grounds to declare a for
failure.
Rertinn li. The Company shall in-
demnify and hold the City harmless,
at ah chars during the term nt this
grant, from and against all claims for
mjw•y ur damages [o Persons ar
property both real and Dersuual
caused oy the construction, erection,
uperatlon nr maintenance nt any
structure, rympmeat, apPllance, or
products authorized or used pursuant
to authority of this Urdinance.
The 4'ontpany shall carry maurance
ni such form and n such cumuaniee
ss shall he approved by [he ('ItY
hianxger of the Clt~ of Uubuyue to
protect the City and itself (rum and
against any and all claims for in-
jury or damages to persons or
property, both real and personal.
roused by the oonatrurrlon, erec-
tion, operation or maintenance of
any structure, equipment, appnance
or prodm•te authorized or used Pur-
suant to authority of this Ordinance
and the amount of such insurance
against Itadility due to damage to
property shall be not loss than Une
Hundred thousand Dollars t$10u,D00).
as to any men porous and two Hun•
drerl Thousand Dollars Ii800AU0), as
to any one accident and against
(lability due to Injury or death oP
parsons One Hundred Thousand Uol
lava (~1DD.DDDI as to tiny one per-
son and Three Hundred thousand
133UU,0p0) as to any ono accident
The l'umpany, upon receipt of due
notice In welting fmm the City, shall
defend at its own expense any ac.
lion or pruceedinge against the City
of Dubuque in which It is claimed
that the injury arose Yroro the Cam-
pagY a artivltiea in the aurratLm of
tts television system.
Section 16 Tha Company w e l l
grant to the City, free from expense,
jorot use nl any and all poles owned
by It for any proper municipal cur
pose accepfahle to the Company
hrenfar as may be dune alihout in
fettering with the free use and en-
joyment of the Company's awn
wires and fixtures, and the t'Ity shall
hold the f umpany harmless from
any and all actions, causes nl aatinn
or damages caused hy, accruing di-
rectly or Indlroctly by, or through the
plarhig of the City's a•lree or ap-
tornpanvrRSPrajer regardpshall be ~ v~
eq to all existing safety rules gov
erning construction and maintenance
in affect at the tim• of construetlon. .
it
/,
r
Sectlon 19. Upon terminetlos M
forfeiture of this Franchise, b sa•
cordance with any of tte terms the
Company shall wtthln n reasonable
time, remove its cabfee wires sad
applfancee from the t91ty etrpete,
lanes, avenues, sidewalks, alleys,
bridges, highways aqd other public
places within the Clty and eubse.
quent additlona thereto.
In the event of the (snore o1 tAe
Company to perform the objigaylotl
of the [fret sentence of this Sectlon,
the Ctty shall have the right to make
a written demand on the Company
for such performance and in the event
of the (allure of the Company to
proceed to carry out the removal of
such equipment wtthln thirty t$0)
Aaya from the date of such demand
and to proceed with such removal ex-
peditiously, the Clty shall have the
right to remove the same and retain
Il as the City's property, without ac-
cuunting therefpr to the Company,
and the axpenae ui such removal
shall be charged to and paid by tho
Company, without credit for the
value, If any, of the equipment re.
moved by the Clty. At the time
this Franchise becornea effectlvo the
Company shall furnish a bond W
the City in the amount of fifty thous-
and dollars (E6D,000) in such form and
with such sureUea as shall be accept-
able to the City, goaranteaing the
payment of all sums which may, at
any time, become due from the Com-
l~any to the City under the terms of
[his Franchise (except such sums as
are covered by the insurance provided
in Sectlon t1 hereof) and also the
repaymegt to the customers of the
r'nunranY of the unearned value or
any deposits or connection nharges
e~arled by the .7mpany.
Sectlon 20, TAe Company, lte
e[ookholdnrs, officers or relative of
said ataakholdere and/or otflaera,
dealers, its afflliatee, or the Jerrold
9lectronlce Corporation of PAIIadeJ-
ph1a, Pennsylvania, its etockholaera,
of(lcere or relatives of said stock-
holders and/or officers, dealers, or
Its affiliates shall not engage In the
sale or eervicln of television seta or
parts thereat within the City during
the term of this Franehlee.
Section $1. if the Company shall
tail to comply with xn9 of the pro.
visions of this Franchise, ur default
In aRY of Its obligatlone, exr~ept fm
raasea beyond tba roaeoaable control
of the Company. ae provided in ldec-
tiun 16 hereof, and Shan 411, with.
In thirty 1301 days attar written no
lire from the City tq correct each de-
tault or noncompnance, the C I t )
Caunotl shall have the right r
terminate this FeancWee and a6
rights of the Company herounder.
Section $$. ShoWd soy d e c l i u n.
clause Or DraVlekiO of this Ordinance
be declared invalid oy a Court of rec-
ord same shall not affect the validity
of the Ordinance a• a whole ar any
part thereof, other than the Harr m
declared invalid.
Section 23. This Ordinance having
hewn approved by the voters pf the
~'ity of Dubuque at an elaation held
October 11th, 1964, shall kake effect
and be in force from and after its
~aasage by the Clty Council, the ac-
ceptance of its terms by the Company,
or its assigns, in writing, and 1te
publication in the Telegraph-Hera d
the official newspaper of the Clty of
Dubuque.
Passed, adopted and appproved this
12th day of October, A.I)., 1964,
LEO N. SCITUELLER, Mayor
CLARENCE P. WELD
FAY P. KOT.B
CHARLES A. KINTZINCER
Councilmen
1,
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,y
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Special Session, October 12th, 1954 579
Attest:
J. J. SHEA
City Clerk
Pubnshed officially in The Tele-
graph-Herald newspaper this 22nd
day of November, 1964.
J. J. SHEA
City Clerk
lt. 11-2E
Mayor Schueller moved the
adoption of the ordinance. Second-
ed by Councilman Kintzinger. Car-
ried by the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Wolu.
Nays--None,
Absent-Councilman Austin.
Councilman Welu moved that
the Judges and Clerks who served
at the Community Television Cable
Franchise Special Election held
October llth,'1954 be paid the
amount of $10.00 each for services
rendered as such Judges and
Clerks, Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas -Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None,
Absent-CouncIlman Austin.
Mayor Schueller speaking for
the Council extended the well
wishes of the Council to the Du-
buque-Jerrold Corporation for a
successful operation in the City of
Dubuque. Mr. William H. Miller,
Secretary-Treasurer of Dubuque-
Jerrold Corporation replied that
it had been a hard political fight
but that political aspects are be-
hind us now and they are in the
City of Dubuque to do business
and propose to construct the best
TV cable system in the country
and give Dubuque the best possible
service,
Notice of Claim of Jce Fortman
in an unstated amount for damages
to his car and personal injuries re-
ceived in striking a ditch in the
street at the intersection of Asbury
and Woodlawn Streets, presented
and read, Councilman Welu moved
that the Notice of Claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
Communication of M Sugar Bell
Television Inc. advising that if it
is the wish of the City of Dubuque
that they would submit a proposal
using either RCA or Blonder
Tongue Equipment for television
reception, presented and read.
Councilman Welu moved that
the communication be received
and filed, Seconded by Councilman
Kintzinger, Carried by the follow-
ing vote;
Yeas -Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
October 5, 1954
L, J, Schiltz, City Manager
City of Dubuque
City Hall
Dubuque, Iowa
Re: Schueller and Company, Du-
buque, Iowa, to City of Dubuque.
Bond No, 12-540-724, $10,895,15,
Pennsylvania Avenue
Bond No. 12.540.725, $83,289.28,
Various Streets
Bond No. 12-540.726, $15,525.09
Kane Street
American Surety Company of
New York.
Dear Sir:
Please be advised as authorized
licensed agent for the American
Surety Company we are happy to
comply with the request of our
Principal on the above captioned
bonds to extend relief of any of
the obligations of these bonds so
filed, for surety period of forty-
five days.
Yours very truly,
M. P. Hogan,
Councilman Kolb moved that the
communication be received and
filed. Seconded by Councilman
Welu, Carried by the following
Vote:
Yeas -Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None,
Absent-Councilman Austin,
October 6, 1954
Re: Certified Cost of Sanitary
Sewer in Shires Street~rdinance
No. 66.53.
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Pursuant to the provisions of
Ordinance No. 66.53 I hereby cer-
v n. , r F ~ r a „ q. a? f. ` r M^-: "',~'*'a S.4-~ A'rt"r~v'..,~.
580 Special Session, October 12th, 1954
tify that the cost of the 8" sanitary
sewer extension in Shiras Street
from the manhole at the entrance
to Eagle Point Park northerly is
as follows:
1700 feet pipe at a cost of
$5,748.48 or $3.381459 per foot.
Shiras Avenue property owners
share per foot 50% of $3,381459 or
$1.6907295.
Respectfully submitted,
Andrew Fondell
Subscribed and sworn to before
me this 6th day of October, 1954,
Geraldine L. Jenni,
Notary Public in and for
Dubuque County, Iowa
Councilman Kolb moved that the
communication be received and
made a matter of record, Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
RESOLUTION N0.31454
Resolution accepting Sanitary
Sewer constructed in Shiras Ave-
nue, Pursuant to Ordinance No,
66-53 by Andrew Fondell.
Whereas under the provisions of
Ordinance No, 66.53 Andrew Fon-
dell has constructed a sanitary
sewer in Shiras Avenue; and
Whereas the City Engineer has
inspected the sewer and the City
Manager has recommended its ac-
ceptance; and
Whereas the permittee under
said ordinance has filed with the
City Council a certified statement
showing that all amounts paid out
by it in connection with the con-
struction of said sewer, including
engineering fees, amount to
$5,748.48;
Now Therefore, Be It Resolved
By The City Council Of The City
Of Dubuque:
Section 1. That said sewer is
hereby accepted by the City of
Dubuque and that the same be
hereafter a public sewer under
the exclusive charge and control
of the City of Dubuque;
Section 2. That the acceptance of
said sewer by the City of Dubuque
and the establishment of the same
as a public sewer shall not be con-
strued to relieve Andrew Fondell
or its contractor, Andrew Fondell
and Sons, or its bondsmen from
their obligation, or the obligation
of any one of them, to keep said
sewer in good repair for a period
of not less than two (2) years from
the date of this resolution, as pro-
vided in Ordinance No. 66.53.
Section 3. That hereafter any
person or persons desiring to con-
nect with said sewer, excepting
Andrew Fondell, shall first apply
to the City Manager for permission
so to do and such permission shall
be granted upon condition that
the applicant shall pay to the City
Treasurer for the account of An-
drew Fondell, a connection charge
in the amount of $1.69 per front
foot of land to be served by said
connection. However, nothing in
this resolution shall be construed
to exact any charge far any exten-
sion of said sewer made by the
City of Dubuque, or its permittees.
Passed, adopted and approved
this 12th day of October, 1954.
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-
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
Petition of Fred Herber request-
ing that the parking restrictions
on the left side of Elm Street
north of Twentieth Street be lifted,
presented and read. Councilman
Welu moved that the petition be
referred to the City Manager and
Chief of Police for investigation
and report. Seconded by Council-
man Kolb. Carried by the follow-
ing vote:
Yeas - Mayor Schueller, Coun•
cilmen Kintzinger, Kolb, Welu,
Nays-None.
Absent-Councilman Austin.
Petition of Larson Construction
Company requesting aforty-five
day extension of time on his Lenox
Addition water main job, present-
'~+
~~
~~
Special Session, October 12th, 1954 581
ed and read. Councilman Welu
moved that the request be granted
providing the consent of the Bond-
ing Company is secured, Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None,
Absent-Councilman Austin,
Des Moines, Iowa
October 11, 1954
J. J. SHEA,
City Clerk
City Hall
Dubuque, Iowa
Extension authorized for Larson
Construction Company Contractor's
Improvement Bond dated August
12, 1954 for Water Mains City of
Dubuque,
G. T. Kerlin, Asst. Vice Pres.
Hawkeye•Security Ins. Co.
Councilman Welu moved that
the telegram be received and filed.
Seconded by Councilman Kolb.
Carried by the following vote:
Yeas - Mayor Schueller, Coun-
cilmen Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
Petition of Mr. and Mrs. William
Reisen, Jr. and others requesting
that a street light be placed within
the vicinity of Montcrest and Ab-
bott Streets, presented and read.
Councilman Welu moved that the
petition be referred to the City
Manager and Electrical Inspector
for investigation and report. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
Petition of Peter Stonskas and
others requesting the City Council
to take immediate action to elimi-
nate City and Neighborhood inter-
ference on radio and television,
presented and read, Councilman
Welu moved that the rules be sus-
pended for the purpose of allowing
any one present in the Council
Chamber, who wishes to do so, to
address the Council. Seconded by
Councilman Kintzinger. Carried by
the following vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin,
Mr. Peter Stonskas addressed the
Council stating that he thinks the
city should employ a man to find
out what appliances are causing
interference and require such ap•
pliances to be fixed up and ground-
ed. Councilman Welu moved that
the petition be referred to the City
Manager and City Solicitor to make
further study for effective control
of the interference as stated in the
petition.. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
Petition of A. J. Fisher request-
ing permission to excavate in the
streets in the City of Dubuque, pre-
sented and read. Councilman Welu
moved that the request be granted.
Seconded by Councilman Kolb.
Carried ~by the following vote:
Yeas--Mayor Schueller, Council•
men Kintzinger, Kolb, Welu.
Nays-None,
Absent~ouncilman Austin.
Petition of Mrs. Sol Tabak, Pres-
ident, Beth-Ei Sisterhood, request-
ing Council consideration for the
installation of a sheet light in
front of Temple•Beth El at 475
West Locust Street, presented and
read, Councilman Kolb moved that
the petition be referred to the City
Manager and Electrical Inspector
for examination and report. Sec-
onded by Councilman Welu. Car-
ried 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 the official
publication of notice of public
hearing on Resolution No. 298.54,
A resolution to dispose of Lot 1
of Lot 2 of Mineral Lot 38, pre-
sented and read. Councilman Kolb
moved that the proof of publica•
tion be received and filed. Second-
ed by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu,
Nays-None.
Absent-Councilman Austin,
• p p .~ .. ~ ~~ , ... ~. ~~~~~~ ~ :, ~-~~.~ . , .
562 Special Session, October 12th, 1954
October 5, 1954
To the Honorable Mayor
and Clty Council,
Dubuque, Iowa
Gentlemen:
The term of Robert Woodward
as a member of the Airport Com•
mission has expired effective Sep•
tember 14, 19(14.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kolb moved that
Mr. Robert Woodward be reap-
pointed as a member of the Air-
port Commission for a term of six
years, said term expiring Septem•
ber 14, 1960. Seconded by Council•
man Welu, Carried by the follow-
ing vote:
Yeas-Mayor Schueller, Council•
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
October 12, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise that I have ap•
proved the following bonds and
desire to have your approval on
same for filing:
HEATING
Carl Mettille (Mettille Roofing &
Sheet Metal Works), Hawkeye
Security Ins. Co. .
J. F. Stampfer Comgany, Fireman's
Fund Indemnity Co.
SIDEWALK
Francis E. Vosberg (F. E. Vosberg
Construction Co,), Western Sure-
ty Co.
EXCAVATION
A. J. Fischer, U.S. Fidelity & Guar•
only Co.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Welu moved that
the Bonds be placed on file subject
to the approval of the City Solici•
tor. Seconded by Councilman Kolb,
Carried by the following vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu,
Nays-None.
Absent-Councilman Austin.
October 12,1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
I am attaching herewith a Con•
tractor's Improvement Bond for
the construction of a storm sewer
in Flora Park.
This contract is with A. Fondell
& Sons and in connection with the
swimming pool construction,
Respectfully submitted,
L. J. Schiltz,
City Manager
Councilman Welu moved that
the communication of City Manag-
er Schiltz be received and made
a matter of record and that the
contract and bond be placed on
file. Seconded by Councilman Kolb.
Carried by the following vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin,
October 12, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise you that the
improvement of Brunswick Street
with asphaltic macadam surfacing
from the south property line of
O'Neill Street to the south prop-
erty line of Groveland Place, under
construction by the City Street De-
partment has been completed in
accordance with the plans.
I, therefore, recommend the ac•
ceptance of this 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
following vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0.315.54
Whereas, the contract for the im•
provement of Brunswick Street
from South Property Line of
O'Neill Street to South Property
Line of Groveland Place with as•
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ir,
F_
t
s~
1'
I
v
~.
Special Session, October 12th, 1954 583
phallic macadem surfacing has
been completed and the City En-
gineer has submitted his final es•
timate showing the cost thereof in-
cluding the cost of estimates, no-
tices, inspection, and preparing
the assessment and plat, now there-
fore,
Be It Resolved, by the City Coun•
cil of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$1,506.45.
That $1,506.45 of the cost there-
of shall be assessable upon private
property.
Passed, adopted and approved
this 12th day of October, 1954.
LEO N. SCHUELLER
Mayor
CLARENCE P. WELU
RAY F. KOLB
CHARLES A. KINTZINGER
Councilmen
Attest; J. J. SHEA,
City Clet'k
Councilman Kolb moved the
adoption of the resolution, Second-
ed by Councilman Welu. Carried
by the fallowing 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, IOWA
RESOLUTION N0. 311x54
Whereas, the contract for the
improvement of Brunswick Street
from South Property Line of
O'Neill Street to South Property
Line of Groveland Place with as•
phallic macadam surfacing has
been completed and the City Man
alter has examined the work an
filed his certificate stating that th
same has been completed accord
ing to the terms of the contract
plans and specifications and rec
ommends its acceptance, no
therefore,
Be It Resolved, by the City Cou
cil of the City of Dubuque, that th
recommendation of the City Ma
alter be approved and that said i
hereby acceptedaand the City El
gineer be and he is hereby direc
ed to prepare a plat and schedule
showing the lots or parcels of real
estate subject to assessment for
said improvement and file the
same in the office of the City Clerk
subject to'public inspection and
said Clerk shall upon receipt of
such plat and schedule publish the
notice of the Council's intention to
levy special assessments therefor,
as required by law.
Be It Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the funds to be realized from
the sale of improvement bonds is-
sued upon the above described im•
provement in amount equal to the
amount of his contract, less any
retained percentage provided for
therein.
Passed, adopted and approved
this 12th day of October, 1954.
Approved:
LEO N. SCHUELLER
Mayor
CLARENCE P. WELD
RAY F. KOLB
CHARLES A. KINTZINGER
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second•
ed by Mayor Schueller, Carried by
the following vote:
Yeas - Mayor Schueller, Coun•
cilmen Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
October 12, 1954
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise you that the im-
provement of Fairway Drive with
- asphaltic macadam surfacing from
d the west property line of St. Am-
e brass Street to the east property
• line of Bunker Hill Road, under
construction by the City Street de-
partment has been completed in
w accordance with the plans.
I, therefore, recommend the ac-
n. ceptance of this work.
e Respectfully submitted,
n• L. J. 5CHII,TZ,
m- City Manager
s Councilman Koib moved that the
n• recommendation of City Manager
t- Schiltz be approved. Seconded by
584 Special Session, October 12th, ,1954
Councilman Kintzinger. Carried by
the following vote:
Yeas-Mayor Schueller, Council•
men Kintzinger, Kolb, Welu,
Nays-None.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0.317.54
Whereas, the contract for the im-
provement of Fairway Drive with
asphaltic Macadam Surfacing from
the west property line of St. Am•
brow Street to the east property
line of Bunker Hill Road has been
completed and the City Engineer
has subntted his final estimate
showing the cost thereof including
the cost of estimates, notices, in-
spection, and preparing the assess-
ment and plat, now therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$2,226.17.
That $2,226.17 of the cost there-
of shall be assessable upon private
property.
Passed, adopted and approved
this 12th day of October, 1954,
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•
ed by Councilman Welu. 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 ro
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 318.54
Whereas, the contract for the im-
provement of Fairway Drive with
Asphaltic Macadam Surfacing from
the West Property Line of St. Am•
brow Street to the East Property
Line of Bunker Hill Road has been
completed and the City Manager
has examined the work and filed
his certificate stating that the same
has been completed according to
the terms of the contract, plans
and specifications and recommends
its aaeptance, now therefore,
Be It Resolved, by the City Coun•
cil of the City of Dubuque, that
the recommendation of the City
Manager be approved and that said
improvement be and the same is
hereby accepted and the City En-
gineer be and he is hereby directed
to perpare 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 sub-
ject to public inspection and said
Clerk shall upon receipt of such
plat and schedule publish the no-
tice of the Council's intention to
levy special assessments therefor,
as required by law.
Be It Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the funds to be realized from
the sale of improvement bonds is•
sued upon the above described un•
provement in amount equal to the
amount of his contract, less any
retained percentage provided for
herein.
Passed, adopted and approved
this 12th day of October, 1954.
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-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Schueller, Council•
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
October 12, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen: This is to advise you
that the improvement of Henry
Street with asphaltic macadam sur-
facing from the east property line
of Queen Street to the west prop-
erty line of Windsor Avenue, un•
der construction by the City Street
Department has been completed in
accordance with the plans.
';'
L
,~
~~
Special Session, October 12th, 1954 585
I, therefore, recommend the ac-
ceptance of this work.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kolb moved that the
recommendation of City Manager
5chiltz be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Schueller, Council•
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin,
Final Estimate
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 319-54
Whereas, the contract for the
improvement of Henry Street from
the East Property Line of Queen
Street to the West Property Line of
Windsor Avenue with asphaltic
macadam surfacing has been com•
pleted and the City Engineer has
submitted his final estimate show-
ing the cost thereof including the
cost of estimates, notices, inspec~
tion, and preparing the assessment
and plat, now therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$873.96.
That $873.96 of the cost thereof
shall be assessable upon private
property.
Passed, adapted and approved
this 12th day of October, 1954.
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-
ed by Councilman Welu. 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, IOWA
RESOLUTION N0. 320-54
Whereas, the contract for the
improvement of Henry Street from
East Property Line of Queen Street
tiff West Property Line of Windsor
Avenue with asphaltic macadam
surfacing has been completed and
the City Manager has examined the
work and filed his certificate stat•
ing that the same has been com•
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
Be It Resolved, by the City Coun•
cil of the City of Dubuque, that the
recommendation of the City llfan•
agar be approved and that said
improvement be and the same is
hereby accepted and the City En•
gineer be and he is hereby directed
to prepare a plat and schedule
showing the lots or parcels of real
estate subject to assessment for
said improvement and file the
same in the office of the City Clerk
subject to public inspection and
said Clerk shall upon receipt of
such plat and schedule publish the
notice of the Council's intention to
levy special assessments therefor,
as required by law. .
Be It Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the funds to be realized from
the sale of improvement bonds is-
sued upon the above described im-
provement in amount equal to the
amount of his contract, less any
retained percentage provided for
therein.
Passed, adopted and approved
this 12th day of October, 1954.
LEO N. SCHUELLER,
Mayor
CLARENCE P. WELU,
RAY F. KOLB,
CHARLES A. KIlVr~u1GER,
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, Council•
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
586 Special Session, October 12th, 1954
October 12. 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen: This is to advise you
that the improvement of Levi Street
with asphaltic macadam surfacing
from the east property line of Eng-
lish Lane to the west property
line of Lorimer Street under con-
struction by the City Street Depart-
ment has been completed in ac-
cordance with the plans.
I, therefore, recommend the ac•
ceptance of this 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
following vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu.
Nays--None.
Absent-Councilman Austin.
Final Estimate
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 321-54
Whereas, the contract for the im-
provement of Levi Street from the
east property line English Lane to
the west property line of Lorimore
Street with asphaltic macadam sur-
facing has been completed and the
City Engineer has submitted his
final estimate showing the mst
thereof including the cost of esti-
mates, notices, inspection, and pre-
paring the assessment and plat,
now therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque,
That the cost of said improve-
ment is hereby determned to be
$3,264.29,
That E3,264.29 of the cost there-
of shall be assessable upon pri-
vate property.
Passed, adopted and approved
this 12th day of October, 1954,
LEO N. SCIiUELLER,
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-
ed by Mayor Schueller. Carried by
the following vote:
Yeas-Mayor Schueller, Council•
men Kfntzinger, Kolb, Welu,
Nays-None.
Absent-Councilman Austin,
(A Resolution Accepting improve
ment and Directing the Clerk to
Publish Notla.)
RESOLUTION N0. 3224
Whereas, the contract for the
improvement of Levi St. from East
property line of English Lane to
West property line of Lorimer
Street with asphaltic macadam
surfacing has been completed and
the City Manager has examined
the work and filed his certificate
stating. that the same has been
completed according to the terms
of the contract, plans and specifi•
cations and recommends its ac-
ceptance, now therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque, that the
recommendation of the City Man-
ager be approved and that said
improvement be and the same is
hereby accepted and the City En-
gineer be and he is hereby directed
to prepare a plat and schedule
showing the lots or parcels of real
estate subject to assessment for
said improvement and file the same
in the office of the City Clerk sub-
ject to public inspection and said
Clerk shall upon receipt of such
plat and schedule publish the no-
tice of .the Council's intentions 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 improvement bonds is-
sued upon the above described im-
provement in amount equal to the
amount of his contract, less any
retained percentage provided for
therein,
Passed, adopted and approved
this 12th day of October, 1954.
LEO N. SCHUELLER,
Mayor
CLARENCE P, WELU,
RAY F. KOLB,
A DT li+Q A YTHTT7IN!! Ti R
Attest:
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i>
Special Session, October 12th, 1954 587
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.
October 12, 1954
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen: This is to advise you
that the improvement of 5t. Joseph
Street with asphaltic macadam sur-
facing from the east property line
of Algona Street to the west prop-
erty line of Gondolfo Street, under
construction by the City Street De-
partment has been completed in
accordance with the plans.
I, therefore, recommend 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
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin,
Final Estimate
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 324-54
Whereas, the contract far the
improvement of St. Joseph Street
from east property line of Algona
Street to west property line of
Gandolfo Street with asphaltic
macadam surfacing has been com•
pleted and the City Engineer has
submitted his final estimate show-
ing the cost thereof including the
cost of estimates, notices, inspec-
tion, and preparing the assessment
plat, now therefore,
Be It Resolved, by the City Coun•
cil of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$1,647,76,
That $938,86 of the cost thereof
Passed, adopted and approved
this 12th day of October, 1954.
LEO N. SCHUELLER,
Mayor
CLARENCE P. WELD,
RAY F. KOLB,
CHARLES A. KINTZINGER,
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Councihman Welu. 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, IOWA
RESOLUTION N0. 324-54
Whereas, the contract for the im•
provement of St. Joseph St. from
east property line of Algona Street
to west property line of Gandolfo
St. with asphaltic macadem surfac-
ing has been completed and the
City Manager has examined the
work and filed his certificate stat-
ing that the same has been com-
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque, that
the recommendation of the City
Manager be approved and that said
improvement be and the same is
hereby accepted and the City En-
gineer be and he is hereby direct-
ed 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 sub-
ject to public inspection and said
Clerk shall upon receipt of such
plat and schedule publish the no-
tice of the Council's intention to
levy special assessments therefor,
as required by law,
Be It Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the contractor
588 Special Session, October 12th, 1954
amount of his contract, less any
retained percentage provided for
therein,
Passed, adopted and approved
this 12th day of October, 1954.
LEO N. SCHUELLER,
CLARENCE P. WELU,
RAY F. KOLB,
CHARLES A. KIIVTZINGER,
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Schueller, Council•
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin.
RESOLUTION N0. 325-54
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with
the provisions of law relating to
the sale of cigarettes within the
City of Dubuque, be granted a
permit to sell cigarettes and cigar-
ette papers within said City and
the Manager is directed to issue
such permit on behalf of said City.
Name Address
Mrs, Margaret Kelly, i.3 Cen-
tral Avenue.
LeRoy Utzig, 802 Central Avenue.
Be It Further Resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 12th day of October, 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 Kalb. Carried by
the following vote;
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu.
Nays-None.
Absent-Councilman Austin,
Mrs. Joseph Jacobson, President
of the League of Women Voters,
addressed the Council offering to
conduct a sta -'
Council on th
saving time 1
u
.. _ .-~.~.,mT~„r...~,,.„-~~~~~~,~,...._~, ,.A~,.~~.~,.w
stated that a special ballot would
be offered the voters at the Novem-
ber election and advising Council
that County Auditor Meloy has ap-
proved the plan. Councilman Welu
moved that the City Council go on
record as favoring the referendum
as proposed and to be sponsored
by the League of Women Voters on
the question of Daylight Saving
Time and that a vote of thanks be
extended to the League of Women
Voters for their efforts and sug-
gestion and also that the voters
be requested to express their opin-
ion on this referendum at the var-
ious voting precincts on November
2nd, 1954. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Schueller, Council-
men Kintzinger, Kolb, Welu.
Nays-None,
Absent-Councilman Austin.
There being no further business
Councilman Kolb moved to ad-
journ. Seconded by Councilman
Welu. 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.
J ...................................
Councilmen : ....................................
Attest :..............................................
City Clerk