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1944 February Council ProceedingsRegular Session, Iaebruar~- ith, 19~}~ 11 (OfiFicial.) Regular Session, February 7th, 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. Proof of publication, certified to by the publishers, of the notice of supplemental estimate of the levy of an annual tax on all the taxable property in the City of Dubuque for Airport Purposes, presented and read. No written objections filed and uo objectors present iu the Council Chamber at the time of said public hearing. Councilman Whar- ton moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of the notice of meeting for issuance of Airport Bonds, presented and read. No writ- ten objections filed and no objec- tors present in the Council Chamber at the time of said public hear- ing. Councilman Thompson moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- i men Moffatt, Thompson, Van Duel- ", man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of the notice of sale of $130,00.00 Airport Bonds, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas- Maym• Murphy, Council- men -Ioffatt, Thompson, Van Duel- man, Wharton. Nays-None. P. NI. February 7, 1944 for the pur- chase of $130,000.00 Airport Bonds dated February 1, 1944. Three oral iaidcle.rs were Present and one sealed bid was received, The oral bidders were: `Vhite-Phillips Co. Inc., of Davenport, Iowa, Halsey, Stuart & Co. Inc., and Paine, Webber, Jack- son and Curtis of Chicago, Illinois. The best open bid received was for ~ oY 1% interest rate at par plus accrued interest to the date of delivery and a Premium of $76.00. The sealed bid of Stern Brothers & Co. and Baum-Bernheimer Co. of Kansas City, Mo., was for 0.85% in- terest rate at par plus accrued in- terest and a premium of $41.60. I reconnneud the sale of $130,- 000.00 Airport Bonds to Halsey, Stuart & Co. Inc., Chicago, Illinois, at their bid, this being the highest and best bid received. Attached is the form of agreement of sale of said bonds. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. RESOLUTION No. 7-44. Resolution providing for the sale and award of $130,000 Airport Bonds and approving and authorizing the agreement of such sale and award. Whereas notice of sale of $130,000 Airport Bonds of the City of Du- buque, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 63 of the Code of Iowa by publication of no- tice for two or more successive weeks in a newspaper of general circulation in said City; and Whereas all sealed bids were re- ceived and placed on file, after which open bids were called for and received, and thereafter the sealed bids were opened: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being fully advised in the premises it is hereby determined that the bid of Halsey, Stuart & Co. Inc. Chicago, Illinois for the purchase of said Airport Bonds as advertised, bearing inter- est at the rate of Three-fourths per cent (3/4%) Per annum, is the high- est and best bid received, and that February 7, 1944. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 2:00 12 Renular session, February 7th, 1944 said bonds be and the same are hereby awarded to said Halsey, Stuart & Co. Inc., Chicago, Illinois. Section 2. That the form of agree went of sale of said bonds be and the same is hereby approved, and the Mayor and City Clerk are here- by authorized and directed to ac- cept and execute the same for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto, Section 3. That all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed. Introduced February 7th, 1944. Councilman Van Duelman moved that the resolution be filed with the City Clerk for public inspection pending final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Halsey, Stuart & Co. Inc. Chicago, New York and other principal cities. Telephone State 3900 201 So. LaSalle St., Chicago 90, Ill. February 5, 1944. Mr. J. J. Shea, City Clerk, City Hall, Dubuque, Iowa. Dear Sir: For $130,000 Airport Bonds of your City, which bonds will con- stitute valid legally binding obliga- tions of the City, Payable from ad valorem taxes to be levied upon all taxable property therein within the limitation prescribed by law, sched- uled to be sold at 2 o'clock P. M., February 7, 1944, to be dated Febru- ary 1, 1944, and maturing $18,000 an- nually February 1, 1945 to 1947, in- clusive, and $19,000 annually Febru- ary 1, 1948 to 1951, inclusive, all without option of prior payment, bearing interest at the rate of 3/,r% per annum, payable semiannually, both principal and interest payable at the office of the City Treasurer, Dubuque, Iowa, all bonds iu the de- nomination of $1,000, delivered to us with reasonable promptness in Dubuque, we will pay- Par plus accrued interest to the date of delivery and in addition thereto a premium of Seventy-six Dollars ($76.00). We further agree to furnish with- out expense to the City, blank bonds ready for execution by the proper officials. This bid is strictly subject to our being furnished at the time of de- livery with the final unqualified opinion of Messrs. Chapman and Cutler of Chicago, approving the legality of the issue, together with certified copy of the transcript upon which their opinion is based. We are enclosing herewith our certified check in the amount of $3,- 900 as evidence of our good faith, to be held by you pending the ful- fillment of our contract. Should the attorneys refuse to approve the le- gality of the issue, said check shall be returned to us immediately. Respectfully submitted, Halsey, Stuart & Co. Inc. By H. Holden Smith. Accepted this 7th day of Febru- ary, 1944. GEO. R. MURPHY, Mayor. J. J. SHEA, City Clerk. Ordinance No. 1-44. An Ordinance providing for the issuance of $130,- 000 Airport Bonds and providing for the levy of taxes to pay the same, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays. None. Councilman Thompson moved that the rules be suspended requir- iug an ordinance to be react on three separate days. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Y eas-Mayor Pviurphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. The ordinance was then read a second time, Conucilman Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Rebular Session, February 7th, 19~ 13 Communication of Peter H. Mc- Carthy protesting to the reappoint- ment of the present members of the Board of Review and urging the appointment of real estate men as members of the Board of Review, presented and read. Councilman Wharton moved that the communi- cation be received and filed. Sec- onded by Councilman Van Dueiman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of John A. Gruetz- macher submitting offer in the amount of $35.00 for the purchase of Lot 1 of 2 of 17 of Mt. Pleasant Addition, presented and read. Coun- cilman Van Duelman moved to re- fer the communication to the City Council to view the grounds. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of the National Council of Catholic Women, the Beth El and the Dubuque Council of Church Women submitting rec- ommendations for Council adoption relative to juvenile delinquency, presented and read. Councilman Wharton moved that the efforts of these organizations be commended and that the members of the City Council are in hearty sympathy in the efforts to curb juvenile delin- quency. Seconded by Councilman Van Duelzuan. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Conununicatiou of Walter L. Bierriug, M, D. Commissioner, State Department of Health, extending in- vitation to attend the program cov- ering restaurant and food sanita- tion to be held in Des Moines, Iowa, ou March 8, 9 and 10, presented and react. Comreilman Van Duelman moved that Mrs. Ahneda Timmons, Food and Restaurant Inspector, be authorized to attend the conference, the expenses to be bm•ne by the City of Dubuque. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of Louis J. Knoernschild, City Fireman, advis- ing that he has been inducted into the military service and requesting a leave of absence as provided for by Resolution No. 14-41, presented and read. Councilman Moffatt mov- ed that the request be granted and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Catherine S. Lund- beck, referred to the City Council by the Board of Supervisors, re- questing suspension of the 1943 tax on Lot 242 Woodlawn Park Addition and Lot 11 of Cox's Addition, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. City Solicitor Kintzinger submit- ted averbal report on the petition of Catherine S. Lundbeck fm• sus- pension of the 1943 tax on Lot 242 Woodlawn Park Addition and Lot 11 of Cox's Addition and recom- mended that the Petition should be approved. Councilman Thompson moved that the verbal recommenda- tion of City Solicitor Kintzinger ba approved and that the Board of" Supervisors be notified of Council action. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel• 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 during the month of December, 1943, presented and read. Council Van Duelman moved that the proof of publication be received and filed. Seconded by Coucilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council• men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None. Council Proceedings for the month of November, 1943 and for the month of December, 1943, pre• sented for approval. Councilman Thompson moved that the Council Proceedings for the month of No- vember, 1943 and for the mouth of `I I a i I I :~ 1-1 1:_egular Session, rebruar~~ 7th, 19~ December, 1943, be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council• men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None. January 10, 1944, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works, also a list of claims and payrolls for which warrants were drawn during the month of December, 1943. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. February 7, 1944. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same for filing: PERSONAL Luvern Carl Norton, Electrical In- spector, The Century Idemnity Co. EXCAVATION H. B. McCarter, 231 West Fifth Street, Bond No. 107102, American Employers' Ins. Co. Louis Buechel, 1043 Main Street, Bond No. 4387314, Fidelity and De- posit Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. February 7, 1944. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen On January 18, 1944 County Audi• for Daykin notified the city that the Board of Supervisors had ac- cepted an offer of $25.00 on Mineral Lot S made by R. C. Roedell. The Council viewed the grounds on Feb- ruary Gth and decided to approve the sale. I recouunend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg 'be approved and the decision of the Council con- firmed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. RESOLUTION NO. 8-44 Whereas, Mineral Lot 8 in the City of Dubuque, Dubuque County, Iowa was sold on January 2, 1939 to Dubuque County, Iowa by the County Treasurer of Dubuque County, Iowa for the delinquent taxes and unpaid taxes against the real estate for the years 1933, 1934, 1935 and 1936, and Whereas, the said Dubuque Coun- ty, Iowa desires to sell the above described real estate to R. C. Roe- dell for $25.00, and Whereas, the sale of said proper- ty by Dubuque County, Iowa to R. C. Roedell for a sum less than the total amount stated iu the tax cer- tificate including all endorsements of subsequent general taxes, inter- ests and costs requires the written approval of a majority of all the tax- levying and tax certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to R. C. Roedell for the sum of $25.00 in cash, be and the same is hereby authorized and approved. Passed, adopted and approved this 7th day of February, 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: Regular Session, F'ebruar~~ %ih, 19~ ].5 Yeas-Mayor Murphy, Council- .. men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. February 7, 1944. To the Honorable I\Iayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council of January 3, 1944 the couuuunica- tion of County Auditor Daykin ad- vising that the Board of Supervis- ors had accepted an offer of $75.00 for the sale of the NW 120 feet of Lot 13, the SE 123 feet of Lot 13 of Jaeger's Sub. and also an offer of $60.00 for Lots 1, 2 and 4 of the subdivision of Lot 11 and the N t/, of Lot 12 of L. H. Laugwor- thy's Sub. was referred to the ', Council to view the grounds. The Council viewed the sites on February 6th and decided to ap- prove the offer for Lots 1, 2 and 4 of the Subdivision of Lot 11 and the N t;L of Lot 12 of L. H. Langworthy's Sub, and reject the offer made for the NW 120 feet and the S E 123 feet of Lot 13 of Jaeger's Sub. I recotnmencl that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhotnberg be approved and the decision of the Council cou- firmecl. Seconded by Councilman Wharton. Carried by the following vote: Yeas--Mayor Murphy, Couucil- inen Moffatt, Thompson, Van Duel- roan, gVharton. Nays-None. t~ESOLUTION RJO. 9-44 ', Whereas, Lots 1, 2, and 4 of the Subdivision of Lot 11 and the N Yi2 of Lot 12 of L. H. Langworthy's Sub- division in the City of Dubuque, Du- bugtte County, Iowa, jvere sold on January 2, 1939 to Dubuque County, Iowa by the County Treasurer of Dubuque County, Iowa for the delin- quent taxes against the real estate for the years 1935, 1936 and 1937, and Whereas, the said Dubuque Coun- ty, Iowa desires to sell the above described real estate to Leo J. I~reps for $60.00, and Whereas, the sale of said proper- . ty by Dubuque County, Iowa to Leo J. I~reps fora sum less than the total amotmt stated in the tax cer- tificates including' all endorsements of subsequent general taxes, inter- . ests and costs requires the written approval of a majority of all the tax-levying and tax-certifying bod- ies having any interest in said gen- eral talcs; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to Leo J. I~reps for the sum of $60.00 in cash, be and the same is hereby authoriz- ed and approved. Passed, adopted and approved this 7th day of February, 1944. GEO. R. MURPHY, Mayor, F. W. THOMPSON, FRANK VAN DUELMAN, W. ZTT. NTOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerh. Councilman Thompson moved the adoption of tite resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor iMurphy, Council- men :1loffatt, Thompson, Van Duel- man, Wharton. Nays-\TOne. February 7, 1944. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held January 17, 1944, the pe- tition of the LaCrosse Dredging Corporation requesting the vacation of Huff Street and the alley be- tween Huff and Salina Streets from the south line of Railroad Avenue to the south line of Dubuque Harbor Company's Actclition and that title be vested in the abutting owner's was referred to the Council to view the grounds. The Council viewed the site on February 6th and decided to deny the request because the present platted street and alley are needed for access to the property lying southerly of the property in ques- tion. Irecommend that the decision of the Council be confirmed. Respectfully submitted, tl. A. RHONIBERG, City Manager. Councilman Thompson moved that the recommendation of City 1\Ianager Rhomberg be approved aucl the decision of the Council con- firmed. Seconded by Councilman Van Duelanan. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. 16 Regular Session, February 7th, 1944 January 22, 1944. Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: In re: Petition of Itlrs. Charles Bauman for suspension of taxes on: Lot 13, Reeder Lang's Sub., asking that the 1943 tax be suspended be- cause of age and infirmity. I recommend that said Petition should be approved by the City Council of the City of Dubuque and that notification of the reconunen- datian of the Petition of Mrs. Charles Bauman be given to the Board of Supervisors of Dubuque County, Iowa. Yours truly. JOHN J. KINTZINGER, City Solicitor. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and that the Board of Supervisors to be no- tified of Council action. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. January 27, 1944. Honorable Mayor and City Council City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Lucille Theobald that was referred to me and I find, from an investiga- tion and consultation with the claimant that she was walking on Fifth Street west of the Coopers barn on the sidewalk, that the side- walk was clean and clear and that she left the sidewalk to walk in the street because she thought it was more level in the street, and fell in the street where there was some smooth ice covered with cinders. She broke her leg iu two places and has incurred considerable expense, but I am of the opinion that there is no liability in the case on the part of the City and therefore, rec- ommend that the claim be denied. I am returning the claim here- with. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None, Resolution No. 10-44 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, Having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Martin A. Miller and Sophie Mil- ler, 431 Rhomberg Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 7th day of February, 1944. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Van Duelnan. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 11-44 Whereas, applications for Class "B" Beer Permits have been submit- ted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing applications are granted and the licenses are to be issued upon compliance with the terms of the ordinances of this City. Class "B" Permit Melvin McDonough, Anita Mc- Donough and George McDonough, 305 Eighth Avenue. William E. Briggs, 127 West 6th Street. Louis Anthoine and Agnella An- thoine, 119 West Gth Street. Martin A. Miller and Sophie Miller, 431 Rhomberg Avenue. Passed, adopted and approved this 7th day of February, 1944. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, city clerk. Regular Session, February 7th, 194-4 17 Councilman Thompson moved the adoption. of the resolution. Second- ed by Councilman NToffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 12-44 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they have received the approval of this Council; and ZVhereas, the premises to be occu- pied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named appli- cants aBeer Permit. Class "B" Permit Melvin McDonough, Anita Mc- Donough and Geox•ge McDonough, 305 Eighth Avenue. ZVilliam E. Briggs, 127 West Gth Street. Louis Anthoine and Agnella Au- thoine, 119 West 6th Street. Martin A. Miller and Sophie Miller, 431 Rhomberg Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th clay of February, 1944. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, ~V. W. MOFFATT, ALBERT WHARTON, Councilmen. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Qouncihnan Moffatt. 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. City Clerk. tlttest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Application of the Longview Ski Club for a Clss "B" Beer Permit for Private Club, presented and read. Councilman Van Duelman moved that the application be referred to the City Council for investigation. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. l~ Special Session, i'ebrualy 15th, 1944 i ~. (Official.) Special Session, February 15th, 1944. Couzxcil tilet at 7:30 P. RI. Present-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, City Manager Rhout- berg. Meeting called by order of Coun- cilmen Moffatt and Van Duelman. Mayor Il4urphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of cousicler- ing for final adoption Resolution No..-44, A Resolution providing for the sale and award of $130,000 Air- port Boncls and approving and au- thorizing the agreement of such sale and award also to consider for final adoption Ordinance No. 1-44, An Ordnance providing for the is- suance of $130,000 Airport Boncls and Pt'oviding for the levy of taxes to pay the same aucl acting on any other business as may properly come before a regular meeting of the City Council. the same is hereby approved, and the Mayor and City Clerk are here- by authorized and directed to accept and esecute the same for and on be- half of the City of Dubuque, Iowa, and to affil the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed. Introduced February 7th, 1944. Passed and approved February 15th, 1944. GEO, R. MURPHY, 11Iayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. -IOFFATT, ALBERT SVHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Dueitman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the follojving vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- mau, ZVharton. Nays-\TOUe. Ordinance No. 1-44. An Ordinance providing for the issuance of $130,000 Airport Bonds and providing for the levy of taxes to pay the same, said ordinance having been passed upon first and second readings on February 7th. 1944, and orclerecl placed on file tivith the City Clerk for public in- spection for at least one week be- fore its final adoption, presented and read a third time. Resolution No. 7.44. Resolution providing for the sale and award of $130,000 Airport Bonds and approving and authoriz- ing the agreement of such sale and award. Whereas notice of sale of $130,000 Airport Boncls of the City of Du- buque, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 03 of the Code of Iowa by publication of notice for two or more successive weeps in a newspaper of general circulation in said City; and iVhereas all sealed bids were re- ceived and placed on file, after which open bids were called for and received, and thereafter the sealed bids were opened: \TOw, Therefore, Be It Resolved by the City Council of the City of ' Dubuque, Iowa, as follows: Section 1. That upon being fully advised in the premises it is here- , by determined that the bid of Hal- sey, Stuart & Ca Inc., Chicago Illi- ' moil for the purchase of said Air- port Boncls as advertised, bearing interest at the rate of Three-fourths per cent (3/~%) per amium, is the highest and best bid received, and that said bonds be and the same are hereby awarded to said Halsey, Stuart $; Co. Inc., Chicago Illinois. Section 2. That the form of agree- went of sale of said bonds be and ORDINANCE NO. 1-44 AN nRDINANCE providing for the issuance of $130,000 Airport Bonds and providing for the levy of tales to pay the same. WHEREAS the City of Dubuque, Iowa, has heretofore determined the advisability and necessity for the issuance of its Airport Bonds at this lime fo the amount of $130,000 for the purpose of defraying the cost of acquiring and equipping' an airport for said City, and has also hereto- fore determined the advisability and necessity for the levy of a tax to pay the principal and interest of said bonds; and WHEREAS at an election duly and legally called and held on November 3, 1942, this City Council was duly authorized to levy an annual special tax. not e~ceerling three-fourths of one mill per annum on all taxable Property in said City for the pur- pose of defraying the cost of ac- quiriug, operating, equipping, or maintaining such airport; and WHEREAS notices of hearings for the levy of said tax and the issu- ance of said bonds have heretofore been given in manner and form as required by la~v, and no objections thereto have been filed or made; Special Session, February 15th, 19~F 19 NOW, THEP.EFORE, Be It Or- cipal in the name of the holder on the dained by the City Council of the books of the City Treasurer, such City of Dubuque, Iowa, as follow:;: registration being noted on each bond Section 1. That in pursuance of so registered, and after such regis- tration payment of the principal Section 5903.05 and Chapter 63.1 of the Code of Iowa, there shall be and thereof shall be made only to the ' there is hereby levied for collection is- registered holder. Any bonds so reg in each of the years 1944 to 1950, in- tered, upon the request in writing of clusive, and there shall be assessed such holder, personally or by attorney and collected during each of said in fact, tray be transferred either to years a direct annual tax upon all a designated transferee or to bearer, the taxable property within said and the Principal of any bonds so City sufficient to produce the fol- transferred and registered to bearer lowing respective sums: shall thereupon be and become pay- Year Amount able to bearer in like manner as if 1944 ..............................$15,975.00 such bonds had never been registered. 1946 ...............................$18,840.00 Registration of any bonds as to Prin- 1946 ...............................$18,705.00 cipal shall not restrain the negotiabi]- E; 1947 ........... .................$19,570.00 ity of the coupons thereto attached by 1943 .......$19,427.50 delivery merely. (` 1949 ...................... .......$19.285.00 142 50 $19 Section 6. The bonds hereby au- . , 1950 .......................... thorized shall be in form substantial- Section 2. Said tales shall be col- ly as follows: lected each year at the same time (Form of Bond) and in the same manner, and in ad- UNITED STATES OF AMERICA dition to all other taxes in and for ST ATL+: OF IOWA COU\TTY OF said City, and when collected shad DUBUQUE be converted into a special fund R>hich is hereby Pledged for and CITY OP DUBUQUE shall be used only to pay the Prin- AIRPORT BOND cipal of and interest on bonds here- 000 inafter authorized to be issued co No. $1, defray the cost of acgttiring and KNOW ALL MEN BY THESE equtpping an airport for said City. pRESENTS, that the City of Du- Section 3. That a certified copy of bisque, in the County of Dubudue this ordinance he filed with the and State of Iowa, for value received, County Auditor of Dubuque County, Nrontises to Pay to bearer or if this and that said Attditor be and he is bond be registered to the registered heret~y instructed to enter, levy and holder hereof, the principal sum of assess the tax hereby Provided. The tine Thousand Dollars ($1,000) on the annual budget anti tax levy for col- first day of February, 19-, and to Pay lection of taxes in the year 194-1 for tuterest on said sum from the date general city purposes included the ~ Lereof until Paid at the rate of ,~ levy hereinbefore specified to lie col- Per cent (-%) Per an- iectecl in the year 1941 and same is hereity ratified and confirmed. nuns, payable August 1, 1944, and Section 4. That bonds of said City semi-annually thereafter on the first days of February and August in each in the amount of $130,000 be issue;l f Sec- i i year, such interest becoming due on ons o s pursuant to the Prov of the Code of 06 et seq tion 5903 and prior to the maturity of this bond . . Zowa; that said braids be designated to he paid only upon presentation and "Airport Bonds", be one hundred :ttrrender of the interest coupons thirty (130) in number, numbered i hereto attached as they severally be- to 130, inclusive, be dated February come due, both principal and interest 1, 1944, bear interest at the rate cif payable in lawful money of the Unit- e Three-fourths Per centum (3/q %) Aet' ed States of America, at the office of annum from the date of said bonds the City Treasurer of said City in until payment thereof, pay>able Au' the City of Dubuque, Iowa. gust 1, 1944, and semi-annually there- after un the first days of February This bond is one of a series of bonds and August in each year; that said issued by the City of Dubuque pur- bonds be signed by the Mayor and scant to and in strict compliance with attested by the City Clerk and the the provisions of lection 5903.06 et seal of said City attached, and ne seq. of the Code of Iowa, and all laws registered by the City Treasurer, an~i amendatory thereof and supPlemen- ' a certificate of registration endorsed tart' thereto, and in conformity with thereon; that interest on said bands an ordinance of the Council of said to maturity be evidenced by coupons City duly adopted, approved, record- thereto attached and maturing on ed and published, for the purpose of the several days when such interest defraying the cast of acquiring and matures, much coupons to be exe- equipping an .trport for said City. cutecl with the facsimile signature; of said Mayor and City Cleric, and This bond is sttbjeet to registra- by the execution of said officials tion as to Principat in the name of the , said bonds, shall adopt as and for holder on the books of the City Trea- their proper signatures their re- surer of said City, such registration sPective facsimile signatures appear- to be evidenced by notation of said ing ou each of said coupons, and Treasurer on the back hereof, and that both principal and interest be after such registration no transfer payable at the office of the City hereof, except upon such books and Treasurer in and of said Cit3' of Du- similarly noted hereon, shall be valid bisque, Iowa; that said bonds be of unless the last registration shall have the denomination of $1,000 each and been to bearer. Registration hereof become due and payable in their nu shall not affect the negotiability of 1-- merica] order: $15,000 on February 1 the coupons hereto attached, which of each of the year 1945 to 1947, in- ` clusive: and $19,000 on February 1 shall continue negotiable by delivery of each of the years 1943 to 1951, in- merely. clusive. And it is hereby certified and re- section 5. That each of said bonds cited that all acts, conditions and be subject to registration as to prin- things 1•equired by the laws and Con- 20 Special Session, ?~ebruar}- lath, 19~~- stitution of the State of Iowa to exist, to be had, to be dome, or to be per- formed precedent to and in the issue of this bond were and have been prop- erly existent, had, done and perform- ed in regular and due form and time, and in accordance with the provisions of Chapter ti3.1 of the Code of Iowa a continuing annual tax has been pro- vided and levied on all the taxable property within said City sufficient for the Prompt payment of the principal and interest of this bond and the series of which it forms a part; and that the total indebtedness of said Cit3', including this bond, does not ex- ceed the constitutional or statutory limitations of indebtedness or taxa- tion. IN TESTIMONY ~ti HEREOF, said City, by its Council, has caused this bond to be signed by its Mayor and attested fly its City Cleric, with the seal of said City affixed, and the coupons hereto attached to be execut- ed with the facsimile signatures of said Mayor and City Cleric, and said officials, by the execution of this Load, do adopt as and for their prop- er signatures there respective facsim- ile signatures appearing on said cou- pons, all as of the first day of February, 1944. Mayor of the City of Dubuque, Iowa Attest: Clerl: of the City of Dubuque, Iowa (FOR\7 OF COUPON) No. .......... $ .................. On ................... 19...., the Treasurer of the City of Dubuque, Iowa, will pay to bearer .............................. Dol- lars ($ ...................._,) at the office of the City Treasurer, Dubuque, Iowa, for interest due that day on its Airport Poncl, dated February 1, 194-1. No . ............ ................................................................. 1liayor of the Cit,v of Dubuque, Iowa Attest: ............................................................. Cleric of the City of Dubuque, Iowa On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: State of Iowa ) City )ss. Treasurer's County of Dubuque) Certificate The issuance of this bond has been duly and properly registered in my office as of the first day of Febru- ary, 1944. .......................................................... Treasurer of the City of Dubuque Iowa (form for Registration of Ownership) Signature Date of Name of of City Registration Owner Treeasurer Registered Section 7. That when said bonds have been executed as aforesaid they _~ shall he delivered to the Treasurer of said City, who shall register the :;ame in a book provided for that purpose and shall thereupon deliver said bonds to the Purchasers as de- termined by this Council, upon terms of not less than par and accrued interest, and all action heretofore taken in connection with the sale of said bonds is hereby ratified and con- i'irmed in all respects. Section 8. That the taxes herein- before levied when collected shat] be converted into a sinking fund hereby created and shall be paid out for nleeting~ the payment of principal and interest of the bonds hereby authorized, and said tax is hereby pledged for that purpose and none other whatsoever, provided, however. said City hereby also reserves the continuing right to levy and collect any part of the annual tax for air- port purposes as authorized at the election in said City on November o, 19.12, which is not required to pay the interest on or principal of the bonds hereby authorized. That the interest and/or Principal coming due at arty time when the special fund shall be insufficient to pay the same shall be promptly paid when due from any current funds of said City available for that purpose, and reimbursement shall be made from such special fund in the amounts thus advanced. Section 9. That all ordinances or iesolirtions or parts thereof in con- flict herewith lie and the same are 1 ereU3' repealed. Introduced, February 7th, 1944. Passed and approved, February .5th, 1344. GPO. R. MURPHY, Mayor. F. ~V. THOL\IPSON, FRANK STAN DUELItIAN. ~Tr. W. MOFFATT, AL);ERT 1VI3ARTON, Councilmen. Attest: J. J. SHEA, City Cleric. Published officially in The Tete- graph-Herald newspaper this 16th day of February, 1914. .I. ,I. SHEA, 2-1G-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- ouclecl by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays--None. Councilman Van Duelman moved that the rules he 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 Murphy, Council- men 1Vloffatt, Thompson, Van Duel- man, Wharton. Nays-None. Mrs. John Noonan, representing the Ladies Ausilia.ry of the Span- ish American War Veterans, aclress- Special Session, Iiebruari- 15th, 19-1-1 ?1 ed the Council requesting that the Ladies Auxiliary of the Spanish American War Veterans be granted permission to hold a Carnation Day Sale on April 29th, 1944. Coun- cilman Thompson moved that the request he granted. Seconded by Councilman Van Dttelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of the National Committee Ou Housing', Inc. extencl- iug invitation to attend and partici- pate in a conference on post-war housing and planning to be held in Chicago, Illinois, on March S, 9 and 10, 1944, presented and read. Councilman Wharton moved that the conununication be received and filed. Seconclecl by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Notice of Claim of Otto Spechten- hauser in the amount of $6.10 for damages to his truck caused in striking a depression on East 14th. Street immediately East of the In- tersection of East 14th. Street and Central Avenue, Presented and react. Councilman Thompson moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. l~Tays -Noce. Couununication of Milton Rosen, Commissioner of Public Works, St. Paul, Minnesota. asking that an of- ficial of the City of Dubuque regis- ter as a member of the American Public Works Association and that he attend the Public Works Con- gress to be held in St. Paul on September 24th, to 27th., 1944, pre- sented and read. Councilman Whar- ton 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. Petition of Mrs. Arthur Herber requesting a refund on both her Class "B" Beer Permit and her Cigarette Permit as she has discon- tinued business on Febrttary 10, 1944, presented aucl read. Council- man Van Duelman moved that the request be granted aucl the City Auditor instructed to draw a ~var- rant in the amount of $50.00 in fav- or of -1rs. Arthur Herber to cover the amount of refund granted on the unexpired portion of her Class "B" Beer Permit No. S5 and also to draw a warrant in the amount of $25.00 in favor of 11Irs. Arthur Her- ber to cover the amount of refund granted on the tmexpirecl portion of her Cigarette Permit No. 155. Sec- onclecl by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of the Dubuque Trades and Labor Congress asking permis- sion to use the lots at East Fourth Street Extension for the ptu•pose of holding a carnival from June 26th, through July 4th, 1944, pre- sented and read. Councilman Van Duelman moved that the request be g•rantecl and that the Dubuque Trades and Labor Congress be granted permission to use the City owned lots west of the Ball Park abutting on Fourth Street Exten- sion. Seconclecl by Couueihnan Mof- fatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Ceclia Hove, referred to the City Council by the Board of Supervisors, requesting suspen- sion of the 1943 tax on Lot 17 of Yates Sub., presented and read. Councilman Thompson moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onclecl by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. City Solicitor I~intzinger submit- ted verbal report recommending that the petition of Ceclia Howe requesting suspension of the 1943 tax on Lot 17 Yates Sub. be approv- ed. Councilman Van Dttelman mov- ed that the reconuneudation of City Solicitor I~iutzinger be approved and the Board of Supervisors to be notified of Council action. Seconcl- ecl by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, ~Vhartou. Nays-None I i a 22 Special Session, F'ehruary 15th, 19~} Resolution No. 13-44. Whereas, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same has Ueen examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application is granted and the license is to be issued upon compliance with the terms of the ordinances of this City, Class "B" Permit for Private Club Longview Ski Club, 4th and Cen- tral Avenue. Passed, adopted and approved this 15th. day of February, 1944. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, ~V. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man. 1Vays- -None. Councilman Whar- ton not voting. There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lOWlllg 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.