1948 October Council ProceedingsRegular Session, October 4th, 1948 4a1
City Council
(Official)
Regular Session, October 4th,
1948.
Council met at 7:30 P. M.
Present-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton, City Manager
Rhomberg,
Mayor Van Duelman stated that
this is the regular monthly meet-
ing of the City Council for the
purpose of acting upon such busi-
ness as may properly come before
the meeting.
State of Iowa 1 SS.
County of Dubuque J
I, R. J. Gallagher, do hereby
certify that on September 16th,
1948, I posted copies of the at-
tached Notice of Levy of Special
Assessment and Intention of the
City Council to Issue Bonds along
the line of improvement for the con-
struction of an eight (8) i n c h
vitrified file sanitary sewer for
Vernon and Edina Streets beginn•
ing at the existing manhole located
in mineral ]ot No. 176 and running
southerly across mineral lot No.
176 and lot No. 72 of Voelker High•
lands to the center of Edina Street,
(M. H. No. 1), thence southerly
across lots 1 and 2 of lot 73 of
Voelker Highlands and lot 1 of
Mount Pleasant addition to the
center of Vernon Street, thence
north easterly along the centerline
of Vernon Street to a point 225
feet west of the west property line
of Alta Vista Street; also from
manhole No. 1 northeasterly along
the centerline of Edina Street to
a point 225 feet west of the west
property line of Alta Vista Street.
Signed; R. J. Gallagher.
Subscribed and sworn to before
me, Geraldine L. Jenni, a Notary
Public this 16th day of September,
1948.
GERALDINE L, JENN]
Notary Public is
and for Dubuque County, Iowa.
Councilman Murphy moved tha
the statement of R. J. Gallagher
be received and made a matter o
record. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Proof of publication, certified to
by the publishers, of Notice of Levy
of Special Assessment and Inten•
tion of the City Council to Issue
Bonds far the construction of an
eight (8) inch vitrified file sani•
tart' sewer for Vernon and Edina
Streets beginning at the existing
manhole located in mineral lot No.
176 and running southerly across
mineral lot No. 176 and lot No. 72
of Voelker Highlands to the center
of Edina Street, (M. H. No. i),
thence southerly across lots 1 and
2 of ]ot 73 of Voelker Highlands
and lot 1 of Mount Pleasant ad•
dition to the center of Vernon
Street, thence north easterly along
the centerline of Vernon Street to
a point 225 feet west of the west
property line of Alta Vista Street;
also from manhole No. 1 north-
easterly along the centerline of
Edina Street to a point 225 feet
vest of the west property line of
Alta Vista Street.
Amount of assessment $6,769.86.
Thos. Flynn Coal Company, con-
tractor, presented and read. Coun•
Gilman Moffatt moved that t h e
proof of publication be received
and filed. Seconded by Councilman
Thompson. Carried by the follow
ing vote:
Peas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Communication of Mrs. Rosa
Jungwirth making formal applica•
tion for a reduction in the proposed
assessment to be levied against
Sub. Lot 1 of Lot 9 and Sub. Lot 1
of 16 Mt. Pleasant addition for the
construction of an eight inch file
sanitary sewer in Vernon and
Edina Streets, presented and read.
Councilman Thompson moved that
the communication be referred to
the City Solicitor for investigation
422 Regular Session, October 4th, 1948
and report. Seconded by Council-
man Murphy. Carried by the Yollow•
ing vote:
Yeas -Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
CITY OF DUBUQUE, IOWA
SCHEDULE OF ASSESSMENTS
RESOLUTION N0, - 221 • 48.
Resolved by the City Council of
the City of Dubuque, Iowa, that to
pay for the construction of an eight
(8) inch vitrified file sanitary
sewer for Vernon and Edina Streets
beginning at the existing manhole
located in mineral lot No. 176 and
running southerly across mineral
lot Nc. 176 and lot No. 72 o Y
Voelker Highlands to the center
oY Edina Street, (M. H. No. 1),
thence southerly across Iota 1 and
2 of lot 73 of Voelker Highlands
and lot 1 of Mount Pleasant ad-
dition to the center of Vernon
Street, thence north easterly along
the centerline of Vernon Street to
a point 225 feet west of the west
property line of Alta Vista Street;
also from manhole No. 1 north-
easterly along the centerline of
Edina Street to a point 225 Yeet
west of the west property line oY
Alta Vista Street, by Thos. Flynn
Coal 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 hereinafter
named, situated and owned, and
for the severs] amounts set oppo-
site each lot or parcel oY r e a 1
estate, ax follows;
Rosa Jungwirth, Lot 1, Mt.
Pleasant Add. Sub. 1 of
9 .......................................... $462.56
Peter Hamsmith, Lot 2, Mt.
Pleasant Add. Sub, Lot
9, ...... .................................... 339.41
Dubuque County, Lot i, Mt.
Pleasant Add. Sub. oY S.
80' of Lat 8 & Lat 3-1-9,.. 384.66
Thomas Walsh, Lot 2, Mt.
Pleasant Add ............... 375.61
Warren M. Potts, Lot 31,
Levin's Add ..................... 226.28
Warren M. Potts, Lot 32,
Levin's Add ..................... 226.27
Herbert H. Holland, Lot 33,
Levin's Add ..................... 226.28
Jos. & Katie Mcrae, Lot 2,
Levin's Add. Sub. Lot
34 . ...................................... 223.92
Feter Hamsmith, Lot 1,
Levin's Add. S u b. Lot
35 . ........................................ 135,76
Harold W. & Eleanor Pape,
Lot 36, Levin's Add......... 129.79
Harold W. & Eleanor Pape,
Lot 37, Levin's Add, ........ 226.28
Harold W. & Eleanor Pape,
Lot 38, Levin's Add......... 226.28
M. J. & Romonda Esser,
Lot 39, Levin's Add......... 226.27
Alex & Caroline Bodish,
Lot 40, Levin's Add......... 226.28
Philomena Schuster, Lot
47, Levin's Add ............... 226.27
Philomena Schuster, Lot
48, Levin's Add ............... 226.28
Monica Vorwald, Lot 49,
Levin's Add ..................... 226.27
Harold & Alice Esser, Lot
50, Levin's Add ............... 226.28
Harold & Alice Esser, Lot
51, Levin's Add . ............. 185.54
Ethel Meany, Lot 1, Voel•
kers Highlands, Sub. Lot
73 . ...................................... 497.80
Dubuque County, Lot 72,
Vaelkers Highlands, ........ 440.33
Alex & Caroline Bodish,
Lot 6, Jones Sub......:. .. 226.27
Robert W. & Marian R.
Gehrig, Lot 7, J o n e s
Sub . .................................. 226.27
Catherine Gleason, Lot 8,
Jones Sub ........................... 226.26
Catherine Gleason, Lot 1,
.Jones Sub. Sub. Lot 9, .... 58.81
Donald L. & Viola Botsford,
Lot 2, Jones Sub. ,Sub,
Lot 9 . .................................... 167.42
Donald L. & Viola Botsford,
Lot 10, Janes Sub........... 210.42
$6,769.86
871 Lin. Ft. 8" V.T. pipe
at $6.00 - ...................... $5,226.00
19 Each 8" a 6" "Y" Branches
at $4.00 - .................... 76.00
1 Each 8" Elbows at $4.00...,,... 4.00
1 Each S" Tee at $4.00 ......... 4.00
3 Each Brick Manholes at
$250.00 - ..............................750.00
0.60 Each Brick Drop Man-
holes at $500.00 - .............. 300.00
165.17 Sq. Yda. Macadam
Replaced at $1.00 - ..........165.17
Regular Session, October 4th, 1948 423
2.42 Each Trees to be Re-
moved at $10.00 - .............. 24.20
Total .................. $6,549.37
Extra Expense at
2.5 Percent - .................... 163.73
Interest at 6 per-
cent for 52 Days -.......• 56.76
Total .................. $6,769.86
All of which is assessed in pro-
portion to the special benefits con-
ferred.
Passed, adopted and approved
this 4th day of October, 1948.
City Clerk.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON.
GEO. R. MURPHY
ALBERT WHARTON
W, W. MOFFATT
Councilmen.
Attest: J. J. SHEA.
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Wharton. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays -None.
(Resolution Providing for the
Issuance of Public Improvement
Bonds)
CITY O1•' DUBUQUE, IOWA
RESOLUTION N0. 222.118
WHEREAS, the contract hereto-
fore entered into by the City of
Dubuque for the Vernon & Edina
Streets Sewer hereinafter descrili•
ed, has been completed and said
improvement has been accepted by
the City Council of said City and
the City Engineer has computed
the cost and expense thereof to
be $6,769.86.
AND WHEREAS, public notice
as provided by law, has bee n
published by the City Clerk stating
the intention of the City Council
to issue bonds to pay the cost of
said improvement and a p u b l i c
hearing has been held pursuant
thereto, and all objections filed
thereto have been considered and
determined:
NOW, THEREFORE, BE IT RE
SOLVED by the City Council 01
the City of Dubuque that to provide
for the cost of the construction of
an eight (8) inch vitrified file
sanitary sewer for Vernon a n d
Edina Streets beginning at the ex-
isting manhole located in mineral
lot No. 176 and running southerly
across mineral lot No. 176 and lot
No. 72 of Voelker Highlands to
the center oY Edina Street, (M. H,
No. 1), thence southerly across lots
1 and 2 of lot 73 of Voelker High-
lands and lot 1 of Mount Pleasant
addition to the center of Vernou
Street, thence north easterly along
the centerline of Vernon Street to
a paint 225 feet west of the west
property line of Alta Vista Street;
also from manhole No. 1 no-rtheasb
erly along the centerline of Edina
Street to a point 225 feet west
of the west property line of Alta
Vista Street, there be issued im-
provement bonds to the amount of
$6,769.86. Said bonds shall be issued
under provisions of Chapter, 396 of
the Code of Iowa, 1946; shall bear
the date of the 3rd day of Novem-
ber, 1948, shall be in denominations
of X500.00, except that there shall
be one bond to the amount of
$269.86. They shall be numbered
from 3940 to 3953 inclusive and
shall be divided into ten series,
of which the bond numbered 3940
shall constitute the first series and
shall be payable the first day of
April, A. D. 1949, the bond number-
ed 3941 shall constitute the second
series and shall be payable the
first day of April, A. D. 1950, the
bond numbered 3942 shall consti•
tote the third series and shall be
payable the first day of April, A. D.
1951, the bond numbered 3943 shall
constitute the fourth series and
shall be payable the first day of
April, A. D. 1952, the bond num-
bered 3944 shall constitute the fifth
series and shall be payable the
first day of April, A. D. 1953, the
bond numbered 3945 shall consti•
tote the sixth series and shall be
payable the first day oY April, A,
D. 1954, the bonds numbered 3946
and 3947 shall constitute the
seventh series and shall be pay
able the first day of April, A, D.
1955, the bonds numbered 3948 and
3949 shall constitute the eighth
series and shall be payable the
first clay of April, A. D. 1956, the
424 Regular Session, October 4th, 1948
bond numbered 3950 shall consti•
lute the ninth series and shall be
payable the Yirst day of April A.
D, 1957, the bonds numbered 3951,
3952 and 3953 shall constitute the
tenth series and shall be payable
the first day of April, A. D. 1958.
Said bonds shall bear interest at
the rate of five per cent per
annum which interest shall be pay-
able semi-annually, in accordance
with the terms of the coupons
thereto attached; and said bonds
shall be payable out of the pro-
seeds of the special assessment
levied for said improvement.
Both principal and interest
shall be payable at the office of the
City Treasurer in the City of
Dubuque. Said bonds shall be sub•
stantially in the following form:
Series No ................................
CITY OF DUBUQUE
Improvement Band
The City of Dubuque in the State
of Iowa promises to pay as herein-
after mentioned to the bearer here-
of, on the first day of April, A. D.
19 ............. or any time before that
date at the option of the City, the
sum of
........................HUNDRED DOLLARS
with interest thereon at the rate of
five per cent per annum, payable
on the presentation and surrender
of the interest coupons hereto, at•
tached, both interest and principal
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 pursuant to and by virtue
of Chapter 396 of the Code of Iowa,
1946 and in accordance with a res•
olution of the City Council of said
City, duly passed on the 4th day of
October, 1948. This bond is one oY
a series of 14 bonds, 13 for $500.00
numbered from 3940 to 3952 in-
clusive, and one for $269.86 number-
ed 3953, all of like tenor and date,
and issued for the purpose of the
construction of an eight (8) inch
vitrified the sanitary sewer for
Vernon and Edina Streets begin-
ning at the existing manhole lo•
sated in Min. Lot No. 176 and run•
ning southerly across Min, Lot No.
176 and lot No. 72 of V o e l k e r
Highlands to the center of Edina
Street, (M.H. No. 1), thence south-
erly across lots 1 and 3 of lot 73
of Voelker Highlands sad lot 1 of
Moant Pleasant addition to the
center of Vernon Street, thence
north easterly along the centerline
of Vernon Street to a paint 225
feet west of the west property line
of Alta Vista Street; also from
manhole No. 1 northeasterly along
the centerline of Edina Street to a
point E25 feet west of the west
property line of Alta Vista Street.
and described in said resolution;
which cost is assessable to and
levied along said improvement, and
is made by law a lien on a 11
abutting or adjacent property, and
payable in ten annual installments,
with interest on all deferred pay
menu at the rate of five per cent
per annum, and this bond is pay
able only out of the money de•
rived from the collection of said
special tax, and said money can be
used for no other purpose. And
it is hereby certified and recited
that all the acts and conditions
and things required to be done
precedent to and in the issuing oY
this series of bands, have been
done, happened and performed in
regular and due form as required
by said law and resolution; and for
the assessments, collections and
payment hereon of said special
tax, the faith and diligence of
said City of Dubuque are hereby
irrevocably pledged.
In Witness Whereof, the City of
Dubuque by its City Council has
caused this bond to be signed by
its Mayor and countersigned by its
City Clerk, with the seal of said
City affixed this 3rd day November
1948, and has authorized the use
of their facsimile signature to the
interest coupons hereto attached.
Mayor.
................................................
City Clerk.
Countersigned (Seal)
(FORM OF COUPON)
On the .................. day of ..............
A. D. 194 ............. the City oY Du-
buque, Iowa, promises to pay to
the bearer, as provided in the bond,
the sum of ........................ Dollars, at
the office of the City Treasurer in
the City of Dubuque, being ........:.....
;i
Regular Session, October 4th, 1948 425
months interest due that day on
its ................................Bond Na...........
dated ................................... 194............
Mayor.
..................................
City Clerk.
Countersigned
BE IT FURTHER RESOLVED,
that the Mayor and City Clerk be
and they are hereby instructed 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 instructed to
register said bonds in a book to be
kept by him far that purpose, and
to then deliver them to the City
Treasurer who will also register
them in a book to be kept by
him for that purpose.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby instructed to sell said
bonds in the manner provided by
law, the proceeds of said sale to
be kept in a special fund to be
known as improvement Fund.
BE IT FURTHER RESOLVED,
that the interest coupons attached
to the bonds be signed with the
fac-simile signature of the Mayor
and countersigned with the fac-
simile signature of the City Clerk.
BE IT FURTHER RESOLVED,
that as fast as funds allow, begin-
ning with the second year after the
payment of interest due, these
bonds shall be called and retired
in the same order as numbered.
Adopted this 4th day of October,
1948.
Approved:
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second•
ed by Councilman Moffatt. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Notice of claim of Henry J.
Rieselman in an unstated amount
for injuries received in a fall
caused by walking into an open
air ventilator on the sidewalk at
the corner of 2nd and Main Streets,
presented and read. Councilman
Moffatt moved that the claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy
Thompson, Wharton.
Nays- None.
Communication of the Key City
Gas Company with reference to
the petitions objecting to the pro-
posed increase in gas rates where
fuel is used for home and water
heating and stating that any delay
in the granting of their petition
for a modest further increase in
rates by the City Council will sure-
ly result in undue hardship to The
Key City Gas Company and ask-
ing Council to take prompt action
on their petitiou for an increase in
gas rates, presented and read.
Councilman Thompson moved that
the communication be referred to
the City Council. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas - Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Councilman Wharton moved that
the rules be suspended for the
purpose of allowing any one pres-
ent in the Council Chamber, who
wishes to do so, to -address the
Council. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
C o u n c i l m a n Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of S. E. Gates et al
offering objection to the increase
in gas rates as the same applies
to Schedule No. 2 Serviee, that for
heating of homes and of water,
and asking that consideration be
given to a possible reduction in
the present rates for Schedule No.
2 Service, presented and read.
Councilman Murphy moved t h a t
the petition be referred to the
4a6 Regular Session, October 4th, 1948
City Council for consideration. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of Carl Schmidt, indi-
vidually, and Carl Schmidt as the
guardian of the estate of Rebecca
Schmidt, incompetent, by E. H.
Willging, their Attorney, request-
ing Council to take the necessary
steps Yor the termination of the
nuisance created by the blo w-
ing of sawdust and other particles
from the millwork operations of
the Carr, Adams & Collier Co. and
Farley & Loetscher Mfg. Co., pres-
ented and read. Counci 1 m a n
Murphy moved that the petition
be referred to the City Council,
City Manager and City Solicitor
to view the grounds. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of Arnold B. Osterhoff
requesting a refund in the amount
of $75.00 on the unexpired portion
of his Cigarette Permit No. 237,
as he has discontinued business on
September 9, 1948, presented and
read. Councilman Moffatt moved
that the request be granted and
the City Auditor instructed to draw
a warrant in the amount of $75.00
in favor of Arnold B. Osterhoff to
cover the amount of refund granted
cn the unexpired portion oY hie
Cigarette Permit No. 237. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Counci 1 m e n Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of the United Council
of Church Women protesting the
routing of the new highway past
the Prescott School, presented and
read. Councilman Murphy moved
that the petition be referred to the
City Council. Seconded by Council-
man Wharton. Carried by t h e
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of the Dubuque Council
of Churches protesting against
making Twelfth Street a through
street, presented and read, Council-
man Wharton moved that the pe-
tition be referred to the City Coun-
cil. Seconded by Councilman Motf•
att. Carried by the following vote:
Yeas -Mayor Van Duelman,
Counci 1 m e n Moffatt, Murphy,
Thompson, Wharton.
Naya -None.
Petition of G. C. Hyatt et al
advising Council that they are
vitally interested in and are for
the pending proposal to m a k e
Twelfth Street a boulevard be-
tween Elm and Main Streets and
also to install a Stop and Go light
at Twelfth Street and Central Ave.,
presented and read. Councilman
Wharton moved that the petition
be referred to the City Council.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Counci 1 m en Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
ORDINANCE N0. 18 • 48.
An Ordinance designating inter-
section at Avoca Street and Rose-
dale Ave., as a stop intersection,
providing for the erection of stop
signs and a penalty for the viola-
tion thereof, presented and read.
Councilman Thompson moved that
the reading just had be considered
the first reading of the ordinance.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Counci 1 m e n Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Councilman Thompson moved
that the rules be suspended re-
quiring an ordinance to be read
on three separate days. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Regular Session, October 4th, 1948 4z7
Councilman Thompson moved
that the ordinance be placed on
file with the City Clerk for public
inspection for at least one week
before its final adoption. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas -Mayor Van Duelman,
C o u n c i Imen Moffatt, Murphy,
Thompson, Wharton.
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, 1948,
presented and read. Councilman
Moffatt moved that the proof of
publication be received and filed.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
WAIVER AND RELEASE
OF DAMAGE
The undersigned, being the owu-
er of the following described real
estate, to-wit: Lot 549-A; Lot 1
of Lot 549; according to the United
States Commissioner's Map of the
Town now City of Dubuque, Iowa,
and Subdivisions thereoY, and Lot
1 of Lot 2 of Lot 3 in Block C,
Industrial Subdivision in the City
of Dubuque, Iowa; which abuts Sa-
lina Street, City of Dubuque, Iowa,
in which street the Illinois Central
Railroad Company proposes to con•
struct a spur track from a track
in said street into the premises
described as Lot 12 and the North
40 feet of Lot 11, all in Block 13,
in Dubuque Harbor Company's Ad-
dition in the City of Dubuque, Iowa,
in Ordinance No. 27.47, approved
in final reading October 6th, 1947,
in consideration of the building of
said spur track by said railroad
company, does hereby forever
waive and release any and all
claims the undersigned ]ras or may
have against the Illinois Central
Railroad Company, its successors
and assigns, for injuries and dam-
age to property abutting on Sa•
lino Street in the City of Dubuque,
Iowa, accruing under Section 402.2,
Code of Iowa 1946, by virtue of
locating the aforesaid spur track on
said Salina Street; provided that
this waiver and release shall not be
construed to include a waiver or
release of any claims the undea
signed may have against the said
railroad company for injuries to
the employees, agents or invitees
of the undersigned, or damage to
its property caused by or in any
manner contributed to by the act
or omission, either negligent or
willful, of the said railroad com-
pany, its agents or employes, dur-
ing the construction of the afore-
said spur track. Dated this 8th
day of December, 1947.
SWIFT & COMPANY
BY C. W. Lawrence
Councilman Murphy moved that
the Waiver and Release of Dam-
ages be received and made a mat-
ter of record. Seconded by Council-
man Moffatt. Carried by the follow-
ing vote:
Yeas -Mayor Van Duelman,
Counci 1 m e n Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
WAIVER AND RELEASE
OF DAMAGE
The undersigned, being the own-
er of the following described real
estate, to•wit: Lot 550 and Lot 2
of Lot 549 according to the United
States Commissioner's Map of the
Town now City of Dubuque, Iowa,
and Lot 2 of Lot 2 of Lot 3 in
Block C, Industrial Subdivision in
the City of Dubuque, Iowa; which
abuts Salina Street, City of Du-
baque, Iowa, in which street the
Illinois Central Railroad Company
proposes to construct a spur track
from a track in said street into
tire Premises described as Lot 12
and the North 40 feet of Lot 11,
all in Block 13, in Dubuque Harbor
Cempany's Addition in the City of
Dubuque, Iowa, pursuant to a u-
thority granted by City of D u-
buque, Iowa, in Ordinance No. 27-47
approved on final reading October
6th, 1947, in consideration of the
building of said spur track by said
railroad company, does hereby for-
ever waive and release any and all
claims the undersigned has o r
may have far damages against the
42$ Regular Session, October 4th, 1q4$ '~I ~' _ Regular Session, October 4th, 1948 429
Illinois Central Railroad Company,
its successors and assigns, result-
ing from the construction of the
aforesaid spur track on S a l i n a
Street,
Dated this 22nd day of August,
1947.
Peter J, Seippel Lumber Co.
By, Peter J. Seippel
Vice President
Jas. A. Musser
President.
State of Iowa 1 SS.
County of Dubuque f
On this 22nd day of August, 1947,
before me, a Notary Public in and
for said County, personally appear-
ed Peter J. Seippel and Joseph
A. Musser, to me personally known
who being by me duly sworn did
say that they are V-Pres. & Mgr.
and President respectfully, of the
said Peter J. Seippel Lumber Co.,
that the said corporation has no
corporate sea] and that said in-
strument was signed on behalf of
the said corporation by authority
of the Board of Directors, and the
said Peter J. Seippel and Joseph
A. Mueser, as such officers, ac-
knowledged the execution of said
instrument to be the voluntary act
and deed of said corporation by it
voluntarily executed.
E. Marshall Thomas
Notary Public in
and for Dubuque County
Iowa.
(Seal)
Councilman Murphy moved that
the Waiver and Release of Dam-
ages be received and made a mat-
ter of record. Seconded by Council-
man Moffatt. Carried by the follow-
ing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
WAIVER AND RELEASE
OF DAMAGES
The undersigned, being the own-
er of the following described real
estate, to-wit: Lot 4 and Lot 1
of Lot 3, Industrial Subdivision in
the City of Dubuque, Iowa, which
abuts Salina Street, City of
Dubuque, Iowa, in which street
the Illinois Central Railroad C o m-
pany proposes to construct a spur
track from a track in said street
into the premises described as
Lot 12 and the North 40 feet oY
Lot 11, all in Block 13, in Dubuque
Harbor Company's Addition in the
City of Dubuque, Iowa, pursuant
to authority granted by City of
Dubuque, Iowa, in Ordinance No.
27-47, approved on final reading
October 6th, 1947, in consideration
of the building of said spur track
by said Railroad Company, does
hereby forever waive and release
any and all claims the undersigned
has or may have for damages
against the Illinois Central Rail-
road Company, it successors and
assigns, resulting from the con-
struction of the aforesaid s p u r
track on Salina Street.
Dated this 22nd day of August,
1947.
(Seal)
Maizewood Insulation Co.
By Robert W. Hauptli, President
Zenith Ellis, V. P. & Treas.
County of Dubuque j SS.
State of Iowa l
On this 22nd day of August, 1947,
before me, a Notary Public in and
for said County, personally appear-
ed Robert W. Hauptli and Zenith
Ellis, to me personally known who
being by me duly sworn did say
that they are President and V-
Pres. & Treasurer respectfully, of
said Maizewood Insulation Co., that
the seal affixed to said instrument
is the seal of said corporation, and
that said instrument was signed
and sealed on behalf of the said
corporation by authority of its
Board of Directors, and the said
Robert W. Hauptli and Zenith Ellis,
as such officers, acknowledges the
execution of said instrument to be
the voluntary act and deed of said
corporation by it voluntarily ex-
ecuted.
(Seal)
E. Marshall Thomas
Notary Public
in and for Dubuque County, Ia.
Councilman Murphy moved that
the Waiver and Release of Damage
be received and made a matter of
record. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
;. Nay -None.
~ ~.
4
~l
F„
WAIVER AND RELEASE
OF DAMAGE
The undersigned, being the own•
er of the fallowing described real
estate, to-wit: Lots. 7, 8, 9, 10 and
Lot 12 and the North 40 feet of
Lat 11, all in Block 13, in Dubuque
Harbor Company's Addition in the
City of Dubuque, Iowa, according
to the recorded plat of said Ad•
dition; which abuts Salina Street,
City of Dubuque, Iowa, in which
street the Illinois Central Railroad
Company proposes to construct a
spur track from a track in said
street into the premises described
as Lot 12 and the North 40 feet of
Lot 11, all in Black 13, in Dubuque
Harbor Company's Addition in the
City of Dubuque, Iowa., pursuant
to authority granted by City of
Dubuque, Iowa, in Ordinance No.
27-47, approved on final reading Oct-
ober 6th, 1947, in consideration of
the building of said spur track by
said railroad company, does here
by forever waive and release any
and all claims the undersigned has
or may have far damages against
the Illinois Central Railroad Com-
pany, its successors and assigns,
resulting from the construction of
the aforesaid spur track on Salina
Street.
Dated this 27th day of August,
1947.
David Solomon
Myer Marmis
State of Iowa
County of Dubuque
On this 27th day of August, 1947,
before me a Notary Public in and
for Dubuque County, Iowa, person-
ally appeared David Solomon and
Myer Marmis to me known to be
the persons named in and who
executed the foregoing instrument,
and acknowledged that they exe-
cuted the same as their voluntary
act and deed.
(Seal)
E. Marshall Thomas.
Notary Public
in and for Dubuque County, Ia.
Councilman Murphy moved that
the Waiver and Release of Damage
be received and made a matter of
record.,Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
WAIVER AND RELEASE
OF DAMAGE
The undersigned, being the own-
er of the following described real
estate, to-wit: The Southerly 60
feet of Lot 11 in Block 13 in Du•
buque Harbor Company's Addition
in the City of Dubuque, Iowa,
according to the recorded plat of
said Addition; which abuts Salina
Street, City of Dubuque, Iowa, in
which street the Illinois Central
Railroad Company proposes to con-
struct a spur track from a track
in said street into the premises
described as Lot 12 and the North
40 feet of Lot 11, all in Black 13,
in Dubuque Harbor Company's Ad-
dition in the City of Dubuque, Iowa,
pursuant to authority granted by
City of Dubuque, Iowa, in Ordi-
nance No. 27.47, approved on final
reading October 6th, 1947, in con-
sideration of the building of said
spur track by said railroad com-
pany, does hereby forever waive
and release any and alI claims the
undersigned has or may have for
damages against the Illinois Cen-
tral Railroad Company, its success-
ors and assigns, resulting from
the construction of the aforesaid
spur track on Salina Street.
Dated this 10th day of September
1948.
David Solomon
State of Iowa 1 SS.
County of Dubuque J
On this 10th day of September,
1948, before me a Notary Public
in and for Dubuque County, Iowa,
personally appeared David Sol-
omon, to me known to be the
person named in and who executed
the foregoing instruments, and ac-
knowledged that he executed the
same as his voluntary act and deed.
(Seal,`
F. J. O'Connor
Notary Public
in and for Dubuque County, Ia.
430 Regular Session, October 4th, 1948
Councilman Murphy moved that
the Waiver and Release of Damage
be received and made a matter o1
record. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None,
October 2, 1948
Honorable Mayor & City Council
City of Dubuque, Iowa
Gentlemen:
We are submitting to your honor-
able body copies of communica-
tions between the Aspermont Com-
pany of Dubuque and your Board
of Dock Commissioners. The cor-
respondence has to do with owner-
ship of certain River Front prop-
erty south of Fourth Street Ex•
tension.
We are of the opinion you would
want the information for your
permanent record.
Yours very truly,
Board of Dock Commissioners
By J. A. KERPER, President
Councilman Wharton moved that
the communication be received and
made a matter of record. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays- None.
not and that you were not contest-
ing our ownership. You further stat•
ed that you had thought that the
material had been placed on the
ground adjacent and contiguous to
the railroad right of way and aver
which the East Dubuque h i g h
bridge had been located, You advis•
ed me that it was the intention
of the Dock Commission to move
this material; that the rock is to
be used for riprapping on City
Island. I stated that we were not
requesting you to hasten the re-
moval of this material from its
present location but that we were
interested in learning whether
this material was placed where it
now is under a claim of right to
the land in denial of our ownership.
You said that there was not a
denial of our ownership to the
land and that the material would
have been taken directly to City
Island if you had been prepared
to properly receive it there at the
time that it was removed from
the river.
Time marches on. Many months
have passed since our conversation
referred to. Both of us must some
day meet our Maker. While there
is yet time I take this opportunity
to record this situation as I under-
stand it. If I have recorded well
I would be very grateful to you
if you would confirm my state-
ments in a letter to us.
With kindest personal regards,
we remain
September 16, 194E
Mr. John A. Kerper, Sec'y
Dubuque Dock Commission
Dubuque, Iowa
Dear Mr. Kerper:
Some time ago the writer of this
letter inquired of you at you r
office in the Chamber of Commerce
building concerning the plans of
the Dubuque Dock Commission
with respect to the rock, piling,
etc. formerly part of the substruc-
ture of the East Dubuque h i g h
bridge and now piled on and along
the west bank of the Mississippi
River east of our building. I asked
you if the placement of this ma-
terial on the land where it had
been placed east of our building
constituted a claim of ownership
of this land, you replied that it did
Very respectfully yours,
The Aspermont Company
By, ANTHONY RHOMBERG,
President.
P. S.
The Aspermont Company h a s
contracted to purchase this property
and by virtue of this contract has
equitable title. Marie I. Ryan, Trus-
tee, holds the legal title. Dubuque
Star Brewing Company is in pos-
session of the property un@er a
lease from the Aspermont Com•
pony.
T. A. Co.
AR
Codncilman Wharton moved that
the communication be received and
made a matter of record. Seconded
Regular Session, October 4th, 1948 431
by Councilman Murphy. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays- None.
September 30, 1948
Mr. Anthony Rhomberg
President
Aspermont Company
Dubuque, Iowa
Dear Mr. Rhomberg:
Reference is made to your letter
of the 16th and this letter was
given consideration and it was un-
animously agreed that the Dock
Commission does not claim owner-
ship for the city of any property,
the title of which presently rests
in the name of Marie I. Ryan,
Trustee, and which according to
your statement, the Aspermont
Company has contracted to pur-
chase.
Yow~ contentions with respect to
the verbal understanding you had
with the President of the Dock
Commission that the stone, which
the Dock Commission acquired
through purchase from the contrac-
tors who dismantled the abutments
of the old high bridge, was stored
tempm~arily only on land to which
you and your associates hold title,
are in line with facts.
Our understanding is that you
were, and still are, willing to co-
operate with the Dubuque Dock
Commission in permitting the
stone to be stored on the property
involved -until such time as t h e
Dock Commission can make prac-
tical use of the said atone in the
course of the development of the
City Island.
There is positively no intention
or desire on the part of the Dock
Commission that the permission
granted by you will in any sense
of the word constitute a denial of
ownership of such property b y
thane who legally held title. This,
of com~se, does not on the other
hand, mean that the City of
Dubuquo, through the Dock Com-
mission, will relinquish its title to
any property that may at this time
be the property of the municipal•
ity, if there be such.
You, of course, understand, that
the Dock Commission has no legal
right to dispose of any property
owned legally by the city.
The courtesy extended by you
and your associates in permitting
stone to be stored on your prop-
erty is deeply appreciated and we
trust that the foregoing statement
will be satisfactory, and it is being
made a matter of record in the
minutes of the proceedings of the
Dock Commission.
Yours very truly,
. A. KERPER
A. Y. MCDONALD
FRED NEYENS
,WAR DEPARTMENT.
UNITED STATES ENGINEER
OFFICE
CLOCK TOWER BUILDING
ROCK ISLAND, ILL,
30 August 1948
Honorable Frank Van Duelman
Mayor of the City of Dubuquo
Dubuque, Iowa
Dear Sir:
Reference is made to the pro-
posed small-boat harbor, an in-
vestigation for which was author-
iced by resolution of the Commit-
tee on Rivers and Harbors of the
House of Representatives, adopted
27 April 1947. At the public hearing
on the matter which was held in
the Chamber of Commerce Build-
ing in Dubuque, 6 January 1948,
local interests presented s t a t e•
menu for consideration of:
a. The construction of a small•
boat harbor at the upper end of
Harnm Island by excavating an
area sufficient to accommodate 200
or 300 boats. The location of the
small-boat harbor as requested by
local interests is essentially as pro-
posed by Industrial Engineers, Inc.,
in their plan of development for
Hamm Island.
b. Dredging of tha present har-
bor at the foot of First Street to
provide easy access for commercial
tows. For the purpose of this re-
port tha dredging of the present
commercial facilities is not con-
sidered since this work is contem-
plated under separate authority.
A study of the plan for construe
tion of a small-boat harbor at the
upper end of Hamm Island in ac-
cordance with the desires of local
432 Regular Session, October 4th, Ig48
interests has been completed, and
it is estimated that approximately
105,677 cubic yards of material
would be excavated to elevation
584.0 for a length of approximately
1,500 feet landward of the present
shore line. Materials dredged would
be utilized to construct a dike on
three sides of the harbor to eleva-
tion 609.0. The harbor would be
125 feet wide at flat pool eleva-
tion with 1 on 3 side slopes. The
dike on the north side would be
constructed with a 55-foot crown
to provide the base for construc-
tion of an access road to the har-
bor, service area, and provision
for parking.
A map showing the proposed
project as discussed in the pre-
ceeding paragraph is inclosed.
It is estimated that the first
costs of the proposed small-boat
harbor would total $74,000. Of this
total, approximately $53,000 would
be borne by the Federal Govern-
ment for clearing the Land, dredg-
ing the area and for placing riprap
where necessary. Local interests
would provide for the construction
of a boathouse, access roads, etc.,
at an estimated cost of $21,000.
The above figures do not include
self-liquidating features which local
interests would be required to pro•
vide. For the small-boat harbor,
such facilities as slips and service
facilities should be provided. This
equipment is estimated to cost
$17,000.
The extent to which local inter-
ests would be required to partici-
pate in each of the features is
listed below:
a. Provide without cost to the
United States all necessary lands,
easements, and right-of-way for the
construction and maintenance of
the project.
b. Hold and save the Unite d
States free from damages due to
construction and maintenance of
the project.
c. Provide and maintain without
cost to the United States necessary
mooring facilities and utilities, in-
cluding apublic landing with suit-
able supply facilities open to all
on equal and reasonable terms, in
accordance with plans approved by
the Chief of Engineers.
d. Establish a competent and
properly-constituted public b o d y
empowered to regulate the use,
growth, and full development of
the harbor facilities with the under-
standing that said facilities shall be
open to all on equal terms.
e. Provide that the essential fa-
cilities, in connection with the
small-boat harbor, will be operated
without unreasonable profit; and
provided that rental charges will be
reasonable and subject to the
approval of the Secretary of the
Army.
If you so desire, this office will
be pleased to forward to higher
authority a report recommending
construction of the facilities de-
scribed herein upon receipt of as•
surances that local interests are
willing and able to cooperate to
the extent outlined above. Such as•
surances should be in the form of
a letter from responsible city of-
ficials. In view of the fact that this
report is scheduled for submittal
to higher authority at an early
date, it is requested that your
reply be expedited.
Yours very truly,
R. L. DEAN
Colonel, Corps of
Engineers
District Engineer
1 Incl.
Map, Proposed Harbor
Councilman Wharton moved that
the communication be received and
made a matter of record. Seconded
by Councilman Murphy, Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays- None.
October 4, 1948
Honorable Mayor
& City Council
City of Dubuque
Dubuque, Iowa
Gentlemen:
Your communication of Septem-
ber 8th in which you referred to
the Dock Commission the letter ad-
dressed to the Honorable Mayor
by Col. R. L. Dean, U. S. District
Engineer, was duly received and
Regular Session, October 4th, 1948 433
the letter has been given consider
anon by the Dock Commission.
We find the plan as submitted
by the U. S. Engineers is sub•
stantially in harmony with t h e
Dock Commission's ideas with re-
spect to the development of a
shelter boat harbor at the north
end of City Island. However, it is
our considered judgment that the
125 feet width at normal p o 01
elevation is insufficient to accomo-
date the larger type of pleasure
boats which will be and are even
now in use on the upper river.
While this width might be ade-
quate at high water stage, it is, I
in our judgement, insufficient at
any thing like normal pool eleva•
lion to permit maneuvering or
berthing of large size craft that
might be moored on the other side.
It would be our recommendation
therefore, that this width be in-
creased to at least 150 ft. and
preferably 175 ft., and at the west
eud provide an area sufficiently
wide to permit berthing of large
size craft either along the south
shore of the harbor or both north
and south shore.
If this should entail more dredg-
ing than the U. S. Carps of En•
gineers are permitted to carry on,
it is our suggestion that the harbor
be shortened somewhat. The loca-
tion as indicated by the Engineers
meets with the approval of the
Dock Commission, although it must
be borne in mind that this involves
the obligation on the part of the
city to acquire privately owned
property along the east shore of
the Island. It is the recommen-
dation of the Dock Board however,
that the city should acquire this
property which consists of t h e
following: Mineral Lot No. 297,
Lot 1 of Mineral Lot 296, owned
by Phillip Mihalakis, and compris•
ing 31.6 acres. The city should
also acquire Lot 2 of Mineral Lot
296, 294 and Mineral Lot 295, com-
prising 27.3 acres and owned by
C. W. Bradley.
The construction of this harbor
would shut off access by land to
both of these properties and if
City island is eventually developed
as it should be, either one or per-
Naps both of these properties will
be needed to provide slips for serv-
ing industry.
The Dock Board would also rec-
commend that the slopes of the
banks of the boat harbor be flat-
tened on a 4 to 1 grade instead
of 3 to 1. It has been our ex-
perience that riprapping on a 3 to
1 slope is too steep for comfort-
able access to water level from
the shore and wherever there is
sand fill a 3 to 1 slope will not
hold permanently.
It would also be our recommen•
elation that any roadways that may
be built should be at an eleva-
tion of 610.3 instead of 609.0
as shown on the drawing. The
latter would be only 12 inches
above high water mark.
We are not informed as to the
extent of mooring facilities and
utilities that would be demanded
by the Corps of Engineers, but
feel confident that the latter will
make proper allowance in comput-
ing the city's contribution to the
project. As we understand it, it is
the sense of the Engineer Corps
that the city would designate a
properly constituted body to regu-
late the use and development of
these harbor facilities and that
the fees for rental of space and
other facilities would have to re-
ceive the approval of the Secretary
of the Army.
The Dock Board is unanimous
in its recommendation that steps
be taken as promptly as possible
in informing the U. S. Engineers
that the City of Dubuque is de-
sirous of having this shelter harbor
provided and that it is prepared
to co-operate with the Engineers
through participation as indicated
in Col. Dean's letter of August 30.
Respectfully yours,
J. A. KERPER,
President.
Councilman Wharton moved that
the recommendations of the Board
of Dock Commissioners be approv-
ed and that the Board of Dock
Commissioners be requested to for-
ward the necessary assurances to
the U. S. Engineers at Rock Island,
434 Regular Session, October 4th, 1848
Illinois. Seconded by Councilman
Thompson. Carried by the Yollow•
ing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Councilman Murphy moved that
the City Manager be instructed to
negotiate for the acquiring of
Mineral Lot No. 297, Lot 1 of
Mineral Lot 296, owned by Phillip
Mihalakis consisting of 31.6 acres
also for the acquiring of Lot 2
of Mineral Lot 296, 294 and Mineral
Lot 295 consisting of 27.3 acres
owned by C. W. Bradley. Seconded
by Councilman Moffatt. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
September 30, 1948.
Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
With reference to the claim of
Dorothy Kruse, 2080 St. Ambrose
Street, for damages sustained on
or about September 6, 1948; while
she was walking to her home on
St. Ambrose Street in the regular
path that they used, she stepped
into a hole where the storm sewer
was broke, injured her left leg by
reason of which she was required
to secure doctor's services and lost
a number of days from her work.
I was up to the scene of the
accident and observed the sewer
pipe broken in the top right near
the line of the sidewalk extended.
Her doctor bill amounts to $10.00.
She has agreed to accept t h i s
amount in payment o~f her claim.
I recommend that her claim be
allowed in the sum of $10.00 and
that a warrant be issued payable
to her order for $10.00 and deliver-
ed to her upon delivery to the
City of a release properly executed
by her.
Yours truly,
JOHN J. KINTZINGER
Gity Solicitor.
Councilman Moffatt moved that
the recommendation of City So-
licitor Kintzinger be approved and
the City Auditor instructed to draw
a warrant in the amount of $10.00
in favor of Dorothy Kruse, as
settlement in full of her claim and
that said warrant be delivered up~
on receipt by the City of Dubuque
of a properly executed release.
Seconded by Councilman Murphy,
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
September 28, 1948
Honorable Mayor and Members
of the City Council
Dubuque, Iowa
Gentlemen:
With reference to the action now
pending in the District Court of
Dubuque County, Iowa, entitled
Erik W. Peterson vs. City of
Dubuque claiming t~10,000:00 for
personal injuries received by plain-
tiff on or about December 8, 1947
when plaintiff fell on the sidewalk
in front of the property known as
990.998 White Street, receiving a
severe fracture of the left thigh
bone near the left hip and also
the left hip, confining him to the
Finley Hospital for a long period
of time, requiring medical and sur-
gical attention, and claiming that
the bricks in the brick sidewalk
were raised because of tree roots
and that ice and snow had ac-
cumulated thereon. It further ap-
pears that plaintiff's actual
damages amounted to somewhere
near $1400.00. I have had several
conferences with the Attorney for
the plaintiff in this ease and they
have agreed to accept $500.00 in
full payment of their claim against
the City and dismiss the law suit
now pending in the District Court.
I recommend that this claim be
allowed in the sum of $500.00, that
a warrant be issued therefor pay-
able to Walter Koerner, Attorney
for Erik W. Peterson, and that
the same be delivered upon delivery
to the City of a release properly
executed by plaintiff and upon dis-
missal of the law suit hereinbefore
referred to.
Yours truly,
JOHN J, KINTZINGER
City Solicitor.
Councilman Murphy moved that
the recommendation of City So-
Regular Session, October 4th, 1948 435
licitor Kintzinger be approved and
the City Auditor instructed t o
draw a warrant in the amount of
$500.00 in favor of Walter Koerner,
Attorney for Erik W. Peterson, as
settlement in full of the claim and
court action, and that said warrant
be delivered upon receipt by the
City of Dubuque of a properly
executed release and dismissal of
the law suit. Seconded by Council-
man Wharton. Carried by the
fallowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
October 4, 1948.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is to advise that I have
approved the following bond and
desire to have your approval on
same far filing:
EXCAVATION
Richard J. Burke Bond No. 71•
8345
130 West 13th Street
American Bonding Co. of Balti-
more.
Respectfully submitted,
A. A. RHOMBERG,
City Manager
Councilman Moffatt moved that
the bond be approved and placed
on file. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
October 4, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
At the meeting of September 7th
the petition of H. A. Eischoff and
others requesting the construction
of a new sidewalk in front of Lot
1 of 17 and Lot 18 of Grandview
Ave. Add. was referred to the City
Manager and Sidewalk Inspector
to view the grounds.
This sidewalk has been inspect-
ed and found to be in bad con-
dition. The owners have been con-
tacted but no• action has resulted.
I recommend that the Council
order a new concrete sidewalk at
the above described premises on
State Street and that the neces-
sary proceedings be prepared.
Respectfully submitted
A. A. RHOMBERG,
City Manager.
Councilman. Murphy moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None
RESOLUTION N0. 223 - 48
BE IT RESOLVED by the City
Council oP 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 ciga-
rette papers within said City and
the Manager is directed to issue
sucir permit on behalf of said Gity.
NAME AND ADDRESS
Jahn D. Corkon, 2195 University
Avenue
Charles A. Bergener, 1064 Uni-
versity Avenue
Ralph J. Cremer, 1415 Rhom-
berg Avenue
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cations be approved.
Passed, adopted and approved
this 4th day of October, 1943.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHAATON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Wharton moved
the adoption o~f the resclution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
436 Regular Session, October 4th, 1948
RESOLUTION N0. 224 - 48
WHEREAS, applications for Beer
Permits have been submitted tc
this Council for approval and the
same have been examined: NOW,
THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the following applications be grant-
ed and the licenses are to be
issued upon the compliance with
the terms of the ordinances of
this City.
CLASS "B" PERMIT
NAME AND ADDRESS
Mrs. Florence Helmer, 3203 Jack-
son Street
John M. Baumgartner & John
J; Baumgartner, 1543 Central Ave.
Joseph A. Kramer and Louis P.
O'Connor, 55 East 7th Street
Clarence J. Bowen and Robert
L. Hanson, 1590 Elm Street
Jahn Grutz and Clara Grutz,
2991 Central Avenue
John E. Noel and June M. Noel,
2400 Central Avenue
John J. Hickey, 55 Locust St.
Al Ragan, 400 Iowa Street
Phillip Mihalakis, 798 East 16th
Street
Eugene P. McCann, 802 Iowa
Street
CLASS "B" PERMIT FOR
PRIVATE CLUB
Hawkeye Club of Dubuque, Iowa,
1348 Central Avenue.
D. A. V. Club of Dubuque, Inc.,
951 1-2 Main Street.
CLASS "C" PERMIT
The Great Atlantic & Pacific
Tea Co., 13th & Iowa Streets
Joseph J. Siege, Jr. & Ferdinand
W. Kenniker, 2401 Windsor Ave.
Mrs. Catherine Lynch, 2850 Bur-
]ington Street
Merlin Apel, 1195 Dodge Street.
Passed, adopted and approved
this 4th day of October, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk,
Councilman Moffatt moved
the adoption of the resolution. SeG
onded by Councilman Thompson.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
RESOLUTION N0. 225.48
WHEREAS, heretofore applica-
tions Par Beer Permits were filed
by the within named applicants
and they have received the ap-
proval of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to com-
ply with the ordinances of this
City and they have filed a proper
bond: NOW THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the Manager be and he is hereby
directed to issue to the fallowing
named applicants a Beer Permit.
CLASS "B" PERMIT
NAME AND ADDRESS
Mrs. Florence Helmer, 3203 Jack-
son Street.
John M. Baumgartner and John
J. Baumgartner, 1543 Central
Avenue.
Joseph A. Kramer and Louis P.
O'Connor, 55 Eaet 7th Street.
Clarence J. Bowen and Robert
L. Hanson, 1590 Elm Street.
John Grutz and Clara Grutz,
2991 Central Avenue.
John E. Noel and June M. Noel,
2400 Central Avenue.
John J. Hickey, 55 Locust St.
Al Rogan, 400 Iowa Street.
Phillip Mihalakis, 798 East 16th
Street.
Eugene P. McCann, 802 Iowa St.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Hawkeye Club of Dubuque, Iowa
1348 Central Avenue.
D, A. V. Club of Dubuque, Inc.,
951 1.2 Main Street.
CLASS "C" PERMIT
The Great Atlantic & Pacific
Tea Co. 13th & Iowa Streets.
Joseph J. Siege, Jr. & Ferdinand
W. Kenniker, 2401 Windsor
Mrs. Catherine Lynch, 2850 Bur•
lington Street.
Merlin Apel, 1195 Dodge Street.