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1944 January Council Proceedings~ ° Regular Session, January 3rd, 19=W- 1 ®w (Official.) Regular Session, January 3rd, 1944. Council met at 7:30 P. M. Present-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, City Manager Rhom- berg. Mayor Murphy stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one present in the Cowicil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of the Interstate Power Company advising Council that they have electric distribution poles and lines located on some por- tions of the streets and alleys in the vicinity of East 17th and Syca- more and Lynn Streets and request- ing that the City Council give due consideration to this problem be- fore taking final action on the peti- tions of the Dubuque Packing Com- pany and E. E. Frith Company in which petitions they ask for the vacation of certain streets and al- leys in the vicinity of li;ast 17th and Sycamore and Lynn Streets, pre- sented and read. Mr. C. E. Dove, Manager of the Interstate Power Company, addressed the Council ni support of the communication of the Interstate Power Company in order that the City Council may be- come familiar with =the problem confronting the Interstate Power Company. Councilman Van Duelman moved that the communication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of Robert Dun- phy, City Fireman, advising that lie has been inducted into the military service of the United States of America under the Selective Ser- vice Draft and requesting a leave of absence as provided for by Reso- lution No. 14-41, presented and read. Councilman Van Duelman moved that the request be granted and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of Walter C. Sprengelmeyer, City Police Officer, advising that he has been inducted into the military service of the United States of America under the Selective Service Draft and re- questing aleave of absence as pro- vided for by Resolution No. 14-41, presented and read. Councilman Wharton moved that the request be granted and made a matter of record. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Mrs. John Stieber re- questing arefund in the amount of $100.00 on her Class "B" Beer Per- mit No. 23 as she has discontinued business on November 1, 1943, pre- sented and read. Councilman Thompson move d that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Mrs. John Stieber to cover the amount of refund granted ou the unexpired portion of her Class "B" Beer Permit No. 23. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of R. C. Murray, Aviation Commissioner, Chamber of Commerce of Kansas City, Mis- souri, extending invitation to attend the Midwest Airport Planning Con- ference to be held in Pansas City, Missouri, on January 24 and 25, 1944, presented and read. Mayor Murphy moved that City Manager Rhomberg be authorized to attend the conference if he so wishes. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Couneil- ' men Moffatt, Thompson, Van Duel- man, Wharton. ' Nays-None. Conununication of County Audi- tor Daykin advising Council that the Board of Supervisors have ac- cepted an offer made by John Psa- ros in the amount of $75.00 for the 3 ~'.. 1 . :. ~, ; II'" 'i i;~` i~ II' 1 '~i. { '~i~'! i~ `~: ', ~I { ~ j I,I~' '~ f ''' ~ i j E ~~ E i L' i :,ail' ( ~ f '' 'i~,~. ' ',I ` ~ii~,, I . ~ I'~~~~'i~',~'I I ii i ~' Regular Session, January 3rd, 194 purchase of the NW 120 feet of Lot 13, SE 123 feet of Lot 13 of Jaeger's Sub., and also have accepted an offer made by Leo J. Kreps in the amount of $60.00 for the purchase of Lots 1, 2 and 4 of Lot 11 and the North 1/z of Lot 12 of L. H. Lang- worthy's Sub., Presented and read. Councilman Van Duelman moved to refer the communication to the City Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Quit Claim Deed from Morrison Bros. Co. (An Iowa Corporation) conveying to the City of Dubuque Lot 2 of 4; Lot 2 of 5; Lot 2 of G, all in Block 13, Dubuque Harbor Improvement Company's Addition in the City of Dubuque, Iowa, pre- sented and read. Councilman Wharton moved that the Quit Glaim Deed be accepted and ordered recorded with the County Recorder. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Plat of the Subdivision of Lots 17, 13 and 19, Block 17, Dubuque Harbor Improvement Company's Addition in the City of Dubuque, Iowa, presented for approval. Councilman Wharton moved that the plat be approved and ordered recorded with the County Recorder. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Dual- man, 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 dur- ing the month of November, 1943, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Ordinance No. 12-43. An Ordi- nance amending Ordinance No. 10- 37, entitled "TRAFFIC CODE OF THE CITY OF DUBUQUE" as amended by Ordinance No. 1-39, by repealing certain provisions thereof, and enacting certain pro- visions in lieu thereof regulating the use of vehicles upon the streets and highways of the City of Du- buque, and by repealing all Ordi- nances or parts thereof in conflict herewith, said ordinance having been passed upon first and second readings on December 21st, 1943, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 12-43 An Ordinance amending Ordina.nee No. 10-37, entitled "TRAFFIC CODE OF THE CITY OF DUBUQUE" as amended by Ordinance No. 1-39, by repealing certain provisions thereof, and enacting Certain provisions in lieu thereof regulating the use of vehicles upon the streets and high- ways of the City of Dubuque, and by repealing all Ordinances or parts thereof in conflict herewith. P.E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Sec. 1. That Subdivision (24) and (25) Paragraph 608, Section 2, Rule (54), (62), (73), and (75), Paragraph G09 and Section 3 of Ordinance No. 10- 37 be, and the same are hereby re- pealed. Sec. 2. That Rule (17) Paragraph 609, Section 3, Ordinance No. 10-37, be, and the same is hereby repealed and that there is enacted in lieu thereof: "Rule (17) It shall be unlawful far any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street any vehicle or combin- ation of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those Parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required by law or which is equipped in any manner in violation of law." "Rule (17A) No motor vehicle or combination of vehicles, which can- not proceed up a three Per cent grade, on dry concrete pavement at a minimum speed of twenty miles per hour shall be operated upon the streets of the City of Dubuque." Sec. 3. That Section (30) Paragraph 60R, Section 2, Ordinance No. 10-37 be, and the same is hereby amended by adding thereto the following: "Where forty Per cent or more of the frontage on such highway for a distance of 300 feet or more is oc- cupied by dwellings or by dwellings and buildings not in use for busi- ness." Sec. 4. That Ordinance No. 10-37, Paragraph 608, Section 2, is amended by adding thereto: "(31A) "Suburban district" means ali other parts of a city or town not included in the business, school or residence districts. (31B) The linear measure of the plot of ground upon which the building is located abutting upon ,~1 ;: Regular Session, Januar3r 3rd, 19=}~ the highway shall he deemed "firont- age occupied by the building", and the phrase "frontage on such high- way for a distance of three hun- dred feet or more" shall mean the total frontage on both sides of the highway for such distance. (31C) "Intersection" means the area embraced within the prolon- gation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the road- ways of two highways which join one another at, or apprixmately at, right angles, or the area within which vehicles traveling upon dif- ferent highways joining at any other angle may come in conflict. (31D) "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of pro- ducing an explosion and which con- tains any oxidizing and combustive units or other ingredients in such proportions quantities, or packing that on ignition by fire, by fi•ic- tion, by concussion, by percussion compound or mixture may cause or by de*_onator of any part of the such a sudden generation of highly heated gasses that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroy- ing life or limb. (31F.) "Flammable liquid" means anc liquid which has a flash point of seventy degrees F. or less, as determined by a tagliabue or equiv- alent closed cup test." Sec. 5. That " 37" Paragraph 608, Section 2, Ordinance No. 10-37 be, and the same is hereby repealed, and there is substituted therefor: "(37) "Curb" means the latteral line of a sidewalk nearest the sur- face of the street upon which vehi- cles travel" Sec. 6. That (Rule (1) Paragraph 609, Section 3, Ordinance No. 10-37 be amended by striking therefrom the following: "It shall be unlawful Yor any per- son to operate a motor truck or trailer on the streets carrying a load of more than 25% in excess of the loading capacity for which it was registered." and inserting in lieu thereof: "It shall be unlawful for any per- son to operate a motor truck, trail- er, truck tra.etor, road tractor, semi- trailer or combination thereof, on the public highways with a gross weight exceeding that for which it is registered by more than five per cent of the gross weight for which it is registered, provided, however that any vehicle or vehicle combin- ation referred to herein while carry- ing a load of raw farm products, soil fertilizers including ground limestone, raw dairy products or livestock, live poultry, eggs, may be operated with. a gross weight of twenty-five Per cent in excess of the gross weight for which it is registered." Sec. 7. That Rule (26) Paragraph 609, Section 3, Ordinance No. 10-37 be, and the same is hereby amended by striking therefrom "except a pri- vate passenger vehicle." Sec. 8. That Rule (31) Paragraph 609, Section 3, Ordinance No. 10-3i ~e, and the same is hereby amended is follows: "Every trailer or semitrailer of a gross weight oP three thousand pounds or more, and every trailer coach intended for use for human habitation shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle and so designed as to be applied by the driver of the tow- ing motor vehicle from its cab, and said brakes shall, after January 1, 1944, be so designed and connect- ed that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically ap- plied. Every semitrailer of a gross weight of three thousand pounds or more shall be egttipped with a sep- arate, auxiliary means of applying the brakes on the semitrailer from the cab of the towing vehicle." Sec. 9. That Rule (34) Paragraph 609, Section 3, Ordinance No. 10-37 be, and the same is hereby amended by adding thereto the following: "the use of such siren, whistle or bell, shall be only when said vehicle is on an emergency call." Sec. 10. That Rule (40) Paragraph 609, Section 3, Ordinance 10-37 be, and the same is hereby amended by strik- ing out the word "leaving" and in- serting in lieu thereof the word "stop- ping." Sea 11. That Rule (50) Paragraph C,09, Section 3, Ordinance No. 10-37 (8) be, and the same is hereby amend- ed by adding thereto: "No person shall employ as a chauf- fenr of a motor vehicle any Person not then licensed as provided by law. Sec 12. That Rule (58) Paragraph f,09, Section 3, Ordinance No. 10-37 be, and the same is hereby amended as follows: By changing the last period to a semi colon and adding thereto the following: "when approaching within one hun- dred feet of any narrow bridge, via- duct, or tunnel, jvhen so sign-post- ed, or when approaching within one hundred feet of or traversing any intersection or railroad grade cross- ing'; where official signs are in place directing that traffic keep to the right or a distinctive center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the State Hi,gh~vay Commission." Sec. 13. That Rule (93) Paragraph 009, Section 3, Ordinance No. 10-37 be, and the same is hereby amended as follows; By striking therefrom: "and in no event at a greater speed than 20 miles an hour in a business or school district or public park and 25 miles an hour in a residence dis- trict" and inserting' in lieu thereof: "such driver having the right to assume, however, that all persons using said highway will observe the law." Sec. 14. That Rule (103) Paragraph 609, Section 3, Ordinance No. 10-37, as amended by Ordinance No. 1-39 (c) "Rule (103) Subdivision (a)" be, and ~-~; {-, i S ;'I + ',~' ~i,. b: i t~.jil i~ I~ I' i i 'I~','.~ is ~I I ~,I ~, ~~i i. j ~ ~,,!, ~ ~I', 1 ' Ii i i 1 I~ ~'~" 1 ~, i i, ~i 4 I, Ilq,i t '', i' ( ~ ~!' I ~~ li ~' € ~~~~' j,~i~, 1' 'i, f ~, 4 Regular Session, Januar3~ 3rd, 1944 the same is het•eby repealed and that There is enacted in lieu thereof, the following: "a. Upon those streets wherein areas have been established, marked or signed for parking parallel or angular, vehicles shall be parked within such marked space, and shall remain therein while so parked. Ve- hicles having a greater length than 20 feet over all, shall not he per- mitted to park at an angle upon any street. Sec. 15. That Rule (103) Paragraph 609, Section 3, Ordinance No. 10-37 as amended by Ordinance No. 1-39 (c) "Rule 103, Section 2" be, and the same is hereby repealed and there is en- acted in lieu thereof the following: " 2. The Chief of Police shall, with the approval of the City IVianager, determine what streets shall be marked with blocks or stalls for parking space and the manner of marking; and shall cause said streets to be thus marked. Sec. 16. That Rule (103) Paragraph 609, Section 3, Ordinance No. 10-37 be, and the same is hereby amended by strilzing therefrom: "the right front wheel shall rest against the curb and" Sec. 17. That Rule (113) Paragraph 609, Section 3, Ordinance No. 10-37 be, and the same is hereby amended by adding thereto the following: ' .A report shall be made by the office of the Chief of Police on duplicate forms fiu•nished by the State, one of which shall immedi- ately be forwarded by said office of Chief of Police to the department and postage paid by the depart- ment. The patent or personal guardian of a minor driver may, if present at the accident, make the report of the accident." Sec. 18. That there be inserted after Section G09, Rule (130): Paragraph 609 A Sec. 1. For the purpose of guard- ing against accidents in traffic on the public thoroughfares, it shall be unlatvfull for any person except per- sons wholly or partially blind to carry or use on the streets, high- ways and public places of the city any white canes or walking sticlz which are white in color or white tipped with red. Sec. 2. Any driver of a vehicle or operator of a motor-driven vehicle who approaches m• comes in contact with a person wholly or partially blind carrying a cane or cvalizing stick white in color or white tipped with red, shall immediately come to a complete step, and take such pre- cautions as may be necessary to avoid accident or injury to the per- son carrying a cane or wallzing sticlz white in color or white tipped with red. Sec. 3. Any person who shall carry a cane or walking stick such as pre- scribed in Section 1 hereof, contrary to the provisions hereof, or who shall fail to heed the approach of a per- son lawfully so carrying a cane or walking stick white in color or white tipped with red, or who shall fail to immediately come to a complete stop, and take such precaution against ac- cident or injury to such person shall be fined not less than one dollar ($1.U0) nor more than one hundred dollars ($100.00) for each offense. Sec. 4. That all local officials charged with the administration a~td enforcement of the traffic laws shall be governed in their official acts by the orders and the laws of the State of Iowa and the runes promulgated by the State Department. Sec. 5. There will be reciprocal co- operation between the members of the Police Department, the State De- partment of Public Safety and all other local authorities in the enforc- ing of local and State traffic laws, and in malting inspection, Sec. G. No person shall wilfully fail or refuse to comply with any lawful order or direction of any peace of- ficer invested by law with authority to direct, control or regulate traffic. Sec. 19. sy adding to Paragraph 609, Section 3: Rule (131) No person shall wilfully fail or refuse to comply with any lawful order or direction of any peace offtcer invested by law with authority to direct, control or regu- late traffic. Rule (132) Every person riding a bicycle or all animal or driving any animal drawing a vehicle upon tlse streets shall be subject to the pro- visions of this Ordinance applicable to t}te driver of a vehicle except those provisions of this chapter which by their nature can have no application. Rule (133) Whenever the driver of a vehicle is physically incapable of malting a requa•ed accident report and there was another occupant in the vehicle at time of the accident capable of making a report, such oc- cupant shall make or cause to be made said report. Rule (131) Any driver of a vehicle that is overtaken by a faster mov- ing vehicle who fails to heed the signal of the overtaking vehicle when it is given tinder such circumstances that. he could, by the exercise of or- dinary care and observation and pre- caution, hear such signal and who fails to yield that part of the traveled way as herein provided shall be guilty of a misdemeanor. Rule (135) The driver of a motor vehicle shall not follow another vehicle more closely than is reason- able and prudent, having due regard for the speed of such vehicles and the traffic upon and the conditio^ of the highway. Rule (136) No person shall at any time operate a motor truck trans- porting explosives as a cargo or part of a cargo upon a highway unless it carries flares or electric lanterns must be capable of Producing a reel light and shall be displayed upon the roadway when and as required by the Statute of Iowa. Rule (137) Any person operating any vehicle transporting any explo- sive as a cargo or part of a cargo upon a highway shall at :11 times comply with the provisions of this section. Said vehicle shall be marked cr placarded on each side and the rear with the word "Explosives" in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marized with the word 'Danger" in white letters six inches high. Every said vehicle shall be equipped with not less than two fire ex- tinguishers, filled and ready for im- mediate use, and placed at a con- venient point on the vehicle so used. Rule (13S) When one vehicle is towing or pulling another vehicle the Regular Session, Januar~r 3rd, 19=a-'1 drawbar or other connection shall be of sufficient strength to pull all weight towed thereby and shall be fastened to the frame of the towing vehicle in such manner as to prevent sidesway, and in addition to such principal connection there shall be a safety chain which shall be so fast- ened as to be capable of holding the towed vehicle should the principal connection for any reason fail. it The connection between a truck- tractor and a semi-trailer with a gross weight of three thousand pounds or more shall be of a type ap- proved by the State Motor Vehicle Commissioner. Rule (139) On a passenger-carrying motor vehicle Passengers shall not be permitted to ride on the running boards, fenders, or on any other out- side part of the vehicle. Rule (140) The provisions of the Traffic Code of the City of Dubuque applicable to the drivers of vehicles upon the streets of said city shall apply to the drivers of all vehicles owned m' operated by the United States, this state or any county, city, town, district or any other Political subdivision of the state, subject to such specific ezcePtions as are set forth in the Traffic Code and the Mo- tor Vehicle Laws of the State with reference to authorized emergency vehicles. Rule (141) Pedestrians shall at all times, when walking on or along a highway, where there are no sicle- wallcs, walk on the left side of such highway. Sec. 20. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Sec. 21-This Orclinanee shall be in force and effect from anti after its final Passage and adoption by the City Council and Publication as pro- vided by law. Passed upon first and second read- ings this 21st. clay of December, 1943. Passed, adopted and approved on final reading this 3rd. day of Jan- uary, 1911. Geo. R. 1\Iurphy. Mayor F. W. Thompson. Prank Van Duehnan Tv. TV. 1\Ioffatt. Albert Wharton. Councilmen Attest: J. J. Shea. City Cleric. Published officially in Tne Tele- graph-Herald newspaper this 5th, clay of January, 1941. J. J. Shea. 1-5-1t. City Cleric. Councilman Thompson moved the adoption of 'the Ordinance. Sec- ondecl Uy Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 1-44 Whereas, there was adopted by the City Council of the City of Du- buque, by Resolution No. 79-36, July 7, 1936, approving the Com- prehensive Plan of the City of Du- Uuque as certified Uy the Planning and Zoning Commission, and, Whereas, the Planning and Zou- ing CO11111115SI011 have IlOw 1'eCOlll- mended that the Master Plan be anlendecl to provide for the reloca- tion of the proposed Channel Street as shown on said plan, and, Whereas, the City Council is of the opinion that said Comprehen- sive Plan should be changed. Now, Therefm'e: Be It Resolved Uy the City Council of the City of Dubuque: That said Comprehensive Plan of said City be, anti the same is here- by amended so that the westerly line of the proposed Chauuel Street, which is 100 feet wide, shall be in the following descriUed location: Beginning at a point on the center line of Farley Street ex- tended, 550 feet easterly of the easterly property lice of Garfield Avenue; thence southeasterly to a point on the center line of East Seventeenth Street extended, 1S0 feet easterly of the easterly prop- erty line of Hickory Street; thence southeasterly to a point oa the center line of East Four- teenth Street extended, 290 feet easterly of the easterly property line of Marsh Street; thence southwesterly to a point on the center line of East Eleventh Street extended, 730 feet easterly of the easterly property line of Cedar Street, the southerly prop- erty line of East Eleventh Street to Ue the southerly terminus of the proposed Chauuel Street. Passed, adopted anti approved this 3rc1 day of January, 1914. GEO. P~. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELNTAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duehnan movefl the adoption of the resolution. Sec- onded Uy Councilman Wharton. Carried Uy the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 2-4'4 Whereas, applications for Beer Permits have been submitted to this Council for approval and the sane have been examiuecl; Now, There- fore, Be It Resolved Uy the Council of the City of Dubuque that the fol- ~i :i 6 Regular Session, January 3rd, 1944 lowing applications are granted and the licenses are to be issued upon compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Wm. J. Canfield Jr., 4th and Cen- tral Avenue. J. L. Spielman and Susan Spiel- man, 601 Rhomberg Avenue. Nick Kramer and Marie J. Kra- mer, 2222 Central Avenue. CLASS "C" PERMIT Ernest Latham and Myrtle Lat- ham, 892 Cleveland Aveue. Passed, adopted and approved this 3rd day of January, 1944. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Couucihnan Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 3-44 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have bean inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved by tl~e Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plicants aBeer Permit: CLASS "B" PERMIT Name Address Wm. J. Canfield Jr., 4th and Cen- tral Avenue. J. L. Spielman and Susan Spiel- man, 601 Rhomberg Avenue. Nick Kramer and Marie J. Kra- mer, 2222 Central Avenue. CLASS "C" PERMIT Ernest Latham and Myrtle Lat- ham, 892 Cleveland Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of January, 1944. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moiiatt, Thompson, Van Duel- man, Wharton. Nays-None. There being no further business, Councilman Van Duelman moved to adourn. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1944. Adopted ......................................1944. Councilmen: ~ ...................................... Attest : ................................................ City Clerk. Special Session, J anuary 17th, 1944 7 ~ cil of the City of Dubuque, Iowa, ® ~ I ®r ~~-, ~l~ A~ lill I''.~~ ~ '~ ~, ~ , ~. 6I~ ~ as follows: , ,~ - Section 1. That a supplemental (Official.) estimate for the levy of taxes for collection in each of the years 1944 Special Session, January 17th, to 1950, inclusive, be made as fol- 1944. lows: Council met at 7:30 P. M. That in pursuance of said Chap- Present-Mayor Murphy, Council- ter 303.1 of the Code of Iowa and authorized at the election a men Moffatt, Thompson, Van Duel- s aforesaid, there shall be levied, man, Wharton, City Manager Rhom- assessed and collected a direct berg. annual tax upon all the taxable Meeting called by order of Coun_ Property within said City for col- ' cilmen Moffatt and Van Duelman lection in each of the years 1944 . to 1950, inclusive, sufficient to Mayor Murphy read the call and Produce net annual sums as here- stated that service thereof had bean inafter provided. duly made and that this meeting is called for the purpose of consider- Sec. 2. Said taxes shall be col- ing Council action upon a resolu_ lected each year at the same time tion entitled "Resolution Proposing and in the same manner as and a supplemental estimate of taxes to with and in addition to all other pay the cost of acquiring and equip- taxes in and for said City, and when ping an airport" also upon a reso_ collected shall be converted into a lution entitled "Resolution to fix a special fund. date of meeting at which it is pro- posed to take action for the issu- Sec. 3. That this Council meet on ante of $130,000.00 Airport Bonds," the 7th day of February, 1944, at also upon a resolution entitled the Council Chambers in the City "Resolution directing the adver_ Hall of said City, at 7:30 o'clock tisement and sale of $130,000.00 Air- P. M., at which time and place any port Bonds" and acting on any oth- Person subject to such tax shall ~~e er business as may properly come heard in favor or against the same before a regular meeting of the City or any part thereof. Council. Sec. 4. That the Mayor and City Resolution No. 4-44. Resolution Clerk are hereby directed to give proposing a supplemental estimate notice of sairi supplemental esti- of taxes to pay the cost of acquir- plate, setting forth the time when ing and equipping an airport. and the place ~ where said hearing Will be held, by publication at least Whereas, the City of Dubuque, en days before said hearing in the in the County of Dubuque and State T elegraph-Herald, the official news- of Iowa, has authority, pursuant to ` Paper of said City. Said notice shall of the Code of Iowa, Chapter 303.1 be in substantially the following to acquire, establish, improve, main- form. taro, equip and operate an airport for said City; and NOTICE OF SUPPLEMENTAL Whereas at an election duly and ESTIMATE. legally called and held on Novem- ber 3, 1942, this City Council was The City Council of the City of duly authorized to levy an annual Dubuque, Iowa, will meet on the special tax not exceeding three- 7th day of February, 1944, at the fourths of one mill per annum on Council Chamber of the City Hall, all taxable property in said City Dubuque, Iowa, at 7:30 o'clock P. for the purpose of acquiring, open- M., at which time and place tax ating, equipping or maintaining a payers will be heard for and against city airport; and a supplemental estimate of the levy of an annual tax on all the taxable Whereas at this time it is advis- Property in said City for airport able to make provision for the pay- purposes. Said tax is to be levied went of the cost of acquiring and pursuant to the provisions of Chap- equipping such airport and to ter 303.1 of the Code of Iowa and make a supplemental estimate for as authorized at the election held taxes for that purpose for future in said City on November 3, 1942, years pursuant to the provisions of and the proceeds therefrom will be Chapter 24 of the Code of Iowa; used for the purpose of paying the Now, Therefore, cost of acquiring an airport for said Be It Resolved by the City Coun- City. Said annual tax is to be le- 8 Special Session, January 17th, 194 vied and collected and is to be ex- pended iu the respective annual amounts as follows: > °' v a o v ~ o . ~. ~ d G p ^ U a G 1943....1944....$20,600....1944 $ 1,300 1944....1945.... 20,240....1945 20,420 1945....1946.... 19,880....1946 20,060 1946....1947.... 20, 520....1947 19, 700 1947....1948.... 20,140....1948 20,330 1948....1949.... 19,760....1949 19,950 1949....1950.... 19,380....1950 19,570 1951 19,190 By order of the City Council of the City of Dubuque, Iowa. GEO. R. MURPHY, Mayor. Attest: J. J. SHEA, City Clerk. Sec. 5. That the City Clerk is hereby directed to file verified proof of the publication of said notice in the office of the Auditor of Dubuque County. Sec. 6. That this resolution be in force and effect immediately upon its passage and approval. Passed and approved, January 17th, 1944. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 5-44. Resolution to fix a elate of meeting at which it is proposed to take ac±imi for the issuance of $130,000 Airport Boncls. Whereas it is necessary and for the best interests of the City of Dubuque, Iowa, and its inhabitants that the cost of acquiring and equipping an airport by said City be paid for by the issuance at this time of Airport Bonds of said City in the amount of $130,000, but it s necessary to provide for notice and hearing iu the manner and form re- quired by Chapters 23 and 320 of the Code of Iowa: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this City Coun- cil meet at the Council Chamber m the City Hall within said City on the 7th clay of February, 1944, at 7:30 o'clock P. M., at which time and place proceedings will be instituted and action taken Yor the issuance of $130,000 Airport Bonds for the purpose as referred to in the pre- antle hereof. Sec. 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said bonds, setting forth the amount and purpose thereof, the time `when and place where said meeting will be held, by publication at least once for at least fifteen days before said meeting, in the Telegraph-Herald, the official newspaper of said City. Said notice shall be in substantial- ly the follo`viug form: NOTICE OF MEETING FOR ISSUANCE OF AIRPORT BONDS. The City Council of the City of Dubuque, Iowa, will meet on the 7th day of February, 1944, at the Council Chamber in the City Hall, Dubuque, Iowa, at 7:30 o'clock P. M., Yor the Purpose of instituting proceedings and taking action for the issuance of $130,000 Airport Bonds of said City for the purpose of paying the cost of acquiring and equipping an airport by saitl City. At any time before the date of said meeting five or more taxpayers may file a petition in the office of the City Clerk setting forth their ob- jections thereto. By order of the City Councit, January 17, 1944. J. J. SHEA, City Clerk. Sec. 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed, and this resolution shall be effective forthwith upon its passage and approval. Passed and approved January 17th, 1944. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, `V. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Murphy, Council- `„_...,... -- j Special Session, January 17th, 19~ 9 men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. G-44. Resolution directing the advertisement and sale of $130,000 Airport Bonds. Whereas it is necessary and for the best interests of the City of Du- buque, Iowa, that $130,000 Airport Bonds contemplated to be issued by said City be offered for sale at this time; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, as follows Section 1. That bonds herein- after described of the City of Du- buque be offered for sale pursuant to published advertisement, name- ly: $130,000 Airport Bonds dated February 1, 1944, bearing interest payable semi-annually and matur- ing iu installments of $18,000 on February 1 of each of the years 1945 to 1947, inclusive, and $19,000 on February 1'of each of the years 1948 to 1951, inclusive. Bidders should "specify the cou- pon interest rate ancl, all other conditions being equal, prefer- ence will be given to the bid of par and accrued interest or bet- ter specifying the lower coupon interest rate. Sec. ~. That the City Clerk be and he is hereby authorized and di- rected to publish notice of the sale of said bonds for two or more suc- cessive weeks in the Telegraph Herald, a newspaper of general cir- culation printed and published in the City of Dubuque, Iowa, which is also the official newspaper of said City, such notice to be in the cus- tomary form aucl to state that bids will be received and acted upon by this City Council at a meeting to be held at 7:30 o'clock P. M., on February 7th, 1944. Sec. 3. That the City Clerk is further authorized to prepare such circulars for further advertisements as may be deemed advisable in order to afford due publicity to the sale of said bonds. Sec. 4. That all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed. Passed and approved January 17th, 1944. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAAT, W. W. MOFFATT, AL~Eft,T WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Peas-Mayor Murphy, Council• men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None. Notice of Claim of Lucille Theo- bald iu the amount of $49.80 for in- juries sustained in a fall on the icy portion of the street on West Fifth Street about 50 feet West of Coop- er's Barn, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council• man Vau Duelman. Carried by the folllowing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None. Communication of Hugh Callahan, Police Officer, advising that he has been iuclucted into the military ser• vice under the Selective Service Draft and requesting a leave of ab• sence from his duties as a Police Officer as provided for by Resolu• tion No. 14-41, presented and read. Councilman Thompson move d that the request be granted and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of Leroy J. Han- telmaun, City Fireman, advising that he has been inducted into the military service tinder the Selective Service Draft and requesting a leave of absence from his duties as a City P'iremau as provided for by Resolution No. 14-41, presented and read. Councilman Thompson move d that the request be granted and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-PlIayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of R. H. Clancy request- ing a refund iu the amount of $50.00 on the unexpired portion of his Class "B" Beer Permit as he lias discontinued business ou January 8, 1944, presented and read. Councilman Thompson move d that the request be granted and the City Auditor to be instructed to draw a warrant iu the amount of 10 Special Session, January 17th, 1944 $50.00 in favor of R. H. Clancy to cover the amount of refund on the unexpired portion of his Class "B" Beer Permit No. 5. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of the LaCrosse Dredg- ing Corporation requesting that Huff Street from the south side of Railroad Avenue to the south line of Dubuque Harbor Company Addi- tion and the Alley between Huff and Salina Streets from the south side of Railroad Avenue to the South line of Dubuque Harbor Company Addition be vacated and that title thereto be vested in the abutting owners, presented and read. Councilman Wharton moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Mrs. Charles Bauman, referred to the City Council by the Board of Supervisors, requesting suspension of the 1943 tax on Lot 13 of Reeder Langworthy's Sub- division, presented and read. Councilman Van Duelman moved that the petition be referred to-the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. January 17, 1944. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and desire to have your ap- proval on same for filing: PERSONAL John A. Brady, Clerk of Police Court; Central Surety & Ins. Corp., Kansas City, Mo. Arthur M. Bennett, Park Com- missioner; Nattional Surety Corp., New York. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. There being uo further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved ....................................1944. Adopted ......................................1944. Councilmen: ~ ..................................... Attest : ................................................ City Clerk.