1943 February Council ProceedingsCity Council
(Official)
Regular Session, February 1st, 1943.
Council met at 7:30 P. M.
Present-Mayor Wharton, Coun-
cilmen Murphy, Schueller, Thomp-
son, Van Duelman, City Manager
Rhomberg.
Mayor Wharton stated that this is
the regular monthly meeting of the
City Council for the purpose of act-
ing upon sttch business as may
properly come before the meeting.
'Po the Honorable Mayor and Coun-
cil of the City of Dubuque:
Gexztlemezz:
Postal Telegraph and Cable Com-
pauy respectfully protests and ob-
jects to the passage and adoption of
Ordinance No. -43 now pending be-
fore your Honorable BoclY whereby
it is proposed to vacate certain
streets upon which said company
has located its poles, wires and ap-
purtenances constituting its tele-
graph system anti to convey the
same, and states:
1. Postal Telegraph and Cable
Company constructed its telegraph
system in, upon and over said
streets by virtue of a legislative
grant from the State of Iowa and
has contiuuecl to maintain said sys-
tem in such streets nursuaut to
such grant.
2. That such legislative grant
conferred upon said company a
franchise in perpetuity and vested
izz it property rights which cannot
be interfered with or destroyed
without its consent.
3. That the unconditional vaca-
tion of said streets and the coxzvey-
ance of the fee thereof will interfere
with the enjoyment of such fran-
chise and will, in effect, amount to
a divesting of its right to continue
to occupy said streets and will be a
destruction of its property.
4. That such legislative grant
cmistitutes a contract between said
company and the State of Iowa
which cannot be abridged or chang-
ed except only by the legislature it-
self under its reserved powers, aucl
the City Council has no right, power
or authority to interfere with such
grant by the vacation of said streets
aucl the conveyance of the fee there-
of.
5. In said vacation ordinance the
City Cotuzcil has failed to recognize
or protect the property rights of said
company iu said streets anti, if
adopted, sa,icl ordinance and caxzvey-
ance will be a confiscation of the
property of said eonzpauy `vithont
clue process of law and will consti-
tute ataking of its property without
just compensation, contrary to aucl
in violation of its constitutional
rights.
Respectfully submitted,
POSTAL TELEGRAPH AND
CABLE COMP..-1NV.
By Czizek 8-, Czizek, Its Attorneys.
Councilman Thompson moved
that the rules lie suspended for the
purpose of allowing any one present
in the Council Chamber, wlzo wishes
I to do so, to address the Council.
Seconded by Counciluzau Vau Dttel-
man. Carried by the following
vote:
eas-:Mayor Wharton, Catuicil-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Attorney INT. H. Czizek, represent-
ing the Postal Telegraph and Cable
Company, aclclressecl the Cotuzcil iu
support of the petition of the Postal
Telegraph azzd Cable Company and
asl~ecl that the City bear the esti-
mated cost of X2,000.00 for the mov-
ing of the company's lines from the
streets that a,re proposed to be va-
cated to some other location.
Councilman Thompson moved
that the petition of protest of the
Postal Telegraph and Cable Com-
pany be received aucl made amat-
ter of record. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor TVharton, Council-
meu -Turphy, Schueller, Thompson,
Van Duelman.
Nays--None.
Couununication of Mrs. Caroline
Theiring, stating that she fell ou an
icy sicle~valk in front of Mr. Barrett's
home at 692 Hill Street and asked
that the City take care of her in-
juries, presented aucl read.
Councilman Van Duelman moved
that the communication be referred
to the City Solicitor for investiga-
tion and report. Seconclecl by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Communication of Freda Chap-
man, stating that she has not heard
any details as to the repairing of
her car which was clamagecl by the
snow-plow on Jaxzuary 1S, 7.943. pre-
seutecl anti read.
Councilman Vau Duelman moved
that the couiznttuication be referred
to the City Solicitor for investiga-
12 Regular Session, F'ebruarv 1st, 1943
tion and report. Secouclecl by Cozul-
cilnxan 112urphy. Carried by the fol-
lowing vote:
Yeas-Nlayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Notice of Claim of Mrs. Mathilda
Beernxan, in the amount of $2,000.00,
for injuries sustained in a fall on an
icy sidewalk on the easterly side of
Central Avenue in front of 2240 Cen-
tral Avenue, presented and read.
Councilman Schueller moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Communication of the Iowa Chil-
dren's Home Society, requesting the
postponing of the Volunteers of
America "red heart" tag day until
the dependent children of Iowa are
first cared for, presented and read.
Councilman Murphy moved that
the communication be received and
filed. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Communication of County Auditor
Daykin, advising Council that the
Board of Supervisors have accepted
an offer in the amount of $25.00
made by E, J. Ryan on Lot 1A of E.
Ryan's Sub. and Lot 2 of 20 of
Broadview Addition and requesting
Council action on the same, pre-
sented and read.
Councilman Van Duelman moved
that the communication be referred
to the City Council to view the
groxxnds. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Communication of Byrne A.
O'Brien, Police Of&cer, advising
Council that he has enlisted in the
armed forces of the United States
and requesting a leave of absence as
provided for by Resolution No. 14-41,
presented and read.
Councilman Murphy moved that
the request be gx•anted and made a
matter of record. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
1Tays-l~'one.
Petition of Peter Petrakis re-
questing arefund in the amount of
X25.00 on his cigarette permit No.
170 as he has discontinued business
as of January 9, 1943, presented and
react.
Councilman Schueller moved that
the request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $25.00 in fav-
or of Peter Petrakis to cover the
amount of refund granted on the
unexpired portion of his cigarette
permit No. 170. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Petition of Callahan Carr request-
ing arefund in the amount of $25.00
on his cigarette permit No. 119 as
he has discontinued business as of
February 1, 1943, presented and
read.
Councilman Murphy moved that
the request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $25.00 in
favor of Callahan Carr to cover the
amount of refund granted on the
unexpired portion of his cigarette
permit No. 119. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor Whax•ton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Ordinance No. 3-43
An Ordinance providing for the
vacation of the alley between Jack-
son and White Streets running
from Eighth to Ninth Streets in
the City of Dubuque, Iowa, and con-
veying said alley to Farley & Loet-
scher Mfg. Co., presented and read.
Councilman Thompson move d
that the reading just had be con-
sidered the first reading of the or-
dinance. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read on three
separate days. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
~•
Regular Session, Februanr lst, 19-3 13
Yeas-iVIayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
The ordinance was then read a
second time.
Councilman Thompson move d
that the reading jest had be con-
sidered the second reading of the
ordinance. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Councilman Thompson move d
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 Schueller. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompsou,
Van Duelman.
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, 1942, pre-
sented and read.
Councilman Murphy moved that
the proof of publication be received
and filed. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
January 11, 1942.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen: I herewith submit
the reports of the City Auditor, City
Treasurer, City Health Department,
City Recreation Director and City
Waterworks, also the list of claims
and payrolls for which warrants
were drawn during the month of De-
cember, 1942.
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Thompson moved
that the reports be received and
placed on file. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
February 1, 1943.
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 for filing:
EXCAVATION
The Key City Gas Company, 6G9
Main Street, Bond No. 735673, The
Fidelity & Casualty Co. of New
York.
Respectfully submitted,
A. A. RHOMBERG,
City 1Vlanager.
Councilman Thompson moved
that the bond be approved and plac-
ed on file. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
January 27, 1943.
Honorable -Iayor and
City Council,
City of Dubuque, Iowa.
Gentlemen:
In re: Petition of Cecelia Howe
for Suspension of Taxes on Lot 17,
Yates' Subdivision in the City of
Dubuque, Iowa, asking that the 1942
tax be suspended because of infirmi-
ty.
I recommend that the said peti-
tion should be approved by the City
Council of the City of Dubuque and
notification of such approval be giv-
en to the Board of Supervisors of
Dubuque County, Iowa.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Schueller moved that
the recommendation of City Solici-
tor Kintzinger be approved and the
Board of Supervisors to be notified
of the action of the City Council.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompsou,
Van Duelman.
Nays-None.
February 1, 1943.
In re: Claim of George Haun
Honorable Mayor and
City Council,
City of Dubuque, Iowa.
Gentlemen:
I have investigated the claim of
George Haun against the City of
Dubuque in the amount of $48.00 for
doctor bill and compensation for
loss of time because of an alleged
injury that he received on or about
December 28, 1942, when he slipped
and fell on a dangerous sidewalk in
14 Re~ulax- Session, hebruary 1st, 1943
the twenty-seven hundred block on
Broadway Extension in front of the
J. P. I~:eixn property. The sidewalk
vas in a dangerous couclition. After
talking the matter over with Mx'.
Hauu he has agreed to accept $25.00
in full payment of his claim.
I recommend that payment be
made to him in the sum of $25.00
and that the amount be delivered to
him upon delivery by him to the
City of a proper release.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor to be instruct-
ed to draw a warrant iu the amount
of $25.00 in favor of George Haan as
settlement in full of his claim and
that said warrant be cleliverecl upon
receipt by the City of Dubuque of a
prcperly executed release. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men lllurphy, Schueller, Thompson,
Van Duelnxau.
Nays-None.
Resolution No. 7-43
Be It Resclved by ti:e City Council
of the City of Dubuque that the fol-
lowing, 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 be-
half of said City.
I~Tame Address
Melvin, Anita and George McDon-
ough, 305 Eighth Avenue.
Be It Further Resoivecl that the
bond filed with the application be
approved.
Passed, adopted and approved
this 1st day of February, 1943.
ALBERT WHARTON,
Mayor.
P. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councilmen.
Attest: 3. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the folloving vote:
Yeas-Mayor Wharton, Council-
xnen Murphy, Schueiler, Thompson,
Tan Duelman.
Nays-None.
Resolution IVo. 8-43
Whereas, applications for Class
"B" Beer Pernxits have been sub-
mitted to this Council for approval
and the same have been examined;
No`v, Therefore,
Be It Resolved by the Couneil of
the City of Dubuque that the follow-
ing applications be and the same
are hereby approved and it is or-
dered that the premises to be occu-
pied by such applicants shall be
forthwith inspected.
Class "B" Permit
Name Address
Melvin, Anita and George McDon-
ough, 305 Eighth Avenue.
William E. Briggs, 127 West Sistlx
Street.
Louis and Agnella Anthoine, 119
V~'est Sixth Street.
John P. and Aixna Arensclorf, 2600
Central Avenue.
Passed, adopted and approved
taxis lst day of F'ebrtzary, 1943.
ALBERT WHARTON,
Mayor.
F. ~T. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. i~'IURPHY,
B. A. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councihnatx Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilmen Murplxy. Car-
ried by the following vote:
Yeas-11Tayor Wharton, CounciI-
men 11Turphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution No. 9-43
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,
Whereas, 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 Mana-
ger be and he is hereby directed to
issue to the following named appli-
cants aBeer Permit.
Class "B" Permit
Name Address
Melvin, Anita and George McI)ou-
ough, 305 Eighth Avenue.
William E. Briggs, 127 West Sixth
Street.
Louis and Agnella Anthoine, 11cJ
VzTest Sixth Street.
John P. and Anna Areusdorf, 2600
Central Avenue.
Be It Further R.2~,olved that the
`''
Regular Session, reUruary lst, 1943 15
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 1st day of February, 1943.
ALBERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by tle following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duehnau.
Nays-None.
EXI°IIBIT II
FORM Op' RESOLUTION TO BE
AOOPTE® BY CITY WHEN
CITY OWNS RAILS
Resolution No. 10-43
Whereas, the City oY Dubuque,
Iowa, is the owner of certain street
car rails, track fastenings, aucl other
metallic track material lying in the
streets of said City, which are
shown ou Exhibits "A" and "B" an-
nexed hereto; and,
Whereas, said rails, track fasten-
ings, and other metallic track ma-
terial, are vitally necessary to the
prosecution of the present war; and,
Vdhereas, the City desires as a
contribution to the ~var effort to
make said rails, track fastenings,
and other metallic track material
immediately available for war use;
Now, Therefore, Be It Resolved
That
1. Albert Wharton, Mayor (Name
and Title of Official's )be and he
hereby is authorized, on behalf of
the City, to convey title to said rails,
track fastenings, and other metallic
track material to WAR MATERI-
ALS, INC., Agent for Metals Re-
serve Company, by bill of sale, the
form of which shall be approved by
John J. I~intzingei•, City Solicitor
(Name and Title of Legal Official).
2. WAR MATERIALS, INC.,
Agent for Metals Reserve Company,
be and it hereby is given permis-
sion, itself or through others, to re-
move the above said rails, track
fastenings, and other metallic track
material, and for that purpose to
disturb the pavement in the streets
where said rails are located, pro-
vided that the slots from which the
rail is removed are refilled with a
suitahle available paving material.
The work of removing the rails and
refilling the slots shall be carried
out in accordance with specifica-
tions mutually acceptable to WAR
MATERIALS, INC., Agent, as afore-
said, and to City Manager (Title
Only). The latter shall assure him-
self that the work is to be done with
minimum interference with the
movement of traffic.
3. Auy and all liability of any na-
ture whatsoever of WAR MATERI-
ALS, INC., as Agent, shall cease and
terminate unless claim shall be
made in writing to WAR MATERI-
ALS, INC., by the official specified
in Section 2 hereof, within thirty
days after written notice of comple-
tion of work has been given to said
official by WAR MATERIALS,
INC.
Passed, adopted and approved
this 1st clay of February, 1943.
ALBERT WHAR_TON,
Mayor.
F. W. THOMPSON,
FRA1VIi VAN DUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councihneu.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
ouclecl by Councilman l2urphy. Car-
ried by the following vote:
Yeas--Mayor Wharton, Couucil-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
EXHIBIT II-A
FORM OF BILL OF SALE TO BE
EXECUTE® BY CITY WHEN
IT OWNu RAILS
Know All Men By These Presents,
that the City of Dubuque, Iowa
(hereinafter referred to as "City"),
for and in consideration of the sum
of One Dollar and other good and
valuable considerations to it paid
by WAR MATERIALS, INC., a Dela-
ware Corporation, Agent for Metals
Reserve Company, a corporation
created under Section 5 (d) of the
Reconstruction Finance Corpora-
tion Act as amended, (hereinafter
referred to as "WMI"), the receipt
of which is hereby acknowledged by
it, has granted, barga.iued. sold,
transferred, set over, and delivered,
and by these presents does grant,
bargain, sell, transfer, set over, anct
deliver unto WMI its successors and
assigns, all the street railway rails,
track fastenings, and other metallic
track material now laid in the
streets of the City, and shown in red
upon the map hereto attached and
made a part hereof, as Exhibit "A",
consisting of 100 gross tons, more or
less, as described in detail in Ex-
r
~ra~._
,~
16 Regular Session, F`ebruar~r 1st, 1943
hibit "B" hereto attached and made
a part hereof.
To Have And To Hold the same
unto WMI, its successars and as-
signs, forever,
And the said City for itself and its
successors, hereby covenants with
and represents to WMI, its success-
ors and assigns, that it is the law-
ful owner of the said goods and
chattels; and they are free from all
liens and encumbrances of every
kind and character; that the City
has the right to sell the said goods
and chattels as aforesaid; and that
it will warrant and defend the same
against all claims and demands of
all persons whomsoever.
It is the intention of the City and
WMI that title to said rails, track
fastenings, and other metallic ma-
terial shall vest in WMI only when
this bill of sale has been accepted
in writing by WML When so ac-
cepted, it shall constitute an agree-
ment on the part of WMI to remove
said rails, track fastenings, and
other metallic track material from
the streets, and to fill the openings
made in the streets for the purpose
of removing said materials, pursu-
ant to and in accordance with the
provisions of the Resolution adopt-
ed by the City on February 1st, 1943.
In Witness Whereof, the City has
caused its name to be subscribed
and its seal to be affixed by its prop-
er officers thereunto duly author-
ized, this the 3rd day of February,
A. D. 1943.
CITY OF DUBUQUE, IOWA.
(Seal)
By Albert Wharton,
Mayor.
(Title)
Attest: J. J. SHEA,
(City Clerk)
Accepted : ............................... 194.....
WAR MATERIALS, INC.
Agent for Metal Reserve Co.
By .................................................
(President)
EXHIBIT II-B
TO WAR MATERIALS, INC., Agent
for Metals Reserve Company:
I have examined the bill of sale
executed by the City of Dubuque,
Iowa, under date of February 3,
1943, transferring and selling• cer-
tain rails, track fastenings, and
other metallic track material_ *_v you.
It is my opinion that all legal re-
quirements necessary to authorize
the execution of the foregoing bill
of sale have been fully complied
with; that the persons who have
signed the bill of sale are legally
authorized to do so on behalf of the
City; and that all of the covenants
and representations by the City
contained in the hill of sale are
factually and legally justified.
I hereby approve of the form bf
the bill of sale.
The only obligation, present, pros-
pective, conditional, or otherwise,
resting upon the City or, to the
knowledge of the City upon any
other person; to remove said rails
or to repave such streets after the
removal of said rails is the follow-
ing:
None.
The records of said City do not
disclose that any person has made
any payment or transferred any
other consideration for release from
such au obligation except
None.
JOHN J. i~INTZINGER,
City Solicitor.
Attorney John A. Cunningham,
representing the Shamrock Club,
addressed the Council, stating that
he was willing to let action on the
application of the Shamrock Club
for a Class "B" Beer Permit for Pri-
vate Club be delayed until the next
meeting of Council to permit anyone
who desires to file written objec-
tions and requested that if the appli-
cation be denied that the records
show the reasons as specified under
the law. Rev. Lawrence E. Mur-
phy, Pastor of the Summit Congre-
gational Church, and Wesley J.
Humke addressed the Council in op-
position to the issuing of a Class
"B" Beer Permit for Private Club
to the Shamrock Club as said club
would be located in a residential
district and also stating that church
and school authorities in the vicini-
ty were apposed to the club.
Councilman Thompson moved
that the application of the Sham-
rock Club for a Class "B" Beer Per-
nrit for Private Club be referred to
the Council for investigation and re-
port. Seconded by Councilman
1Vlurphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-Nmie.
Application of the Rod and Gun
Club of Dubuque, Iowa, for a Class
"B" Beer Permit for Private Club,
presented and read.
Councilman Van Duelman moved
that the application of the Rod and
Gun Club be referred to the Council
for investigation and report. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
i
Special Session, February 19th, 1943 17
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-\tone.
Councilman Van Duelman moved
that Mr. Paul F. Smith be appointed
as a member of the Planning and
Zouing Commission to fill the unex-
pired term of Mr. W. A. Smith, said
term expiring May 24, 1944, and also
that DZr. Paul F. Smith be appointed
as a member of the Board of Zouing
Adjustment to fill the unexpired
term of Mr. W. A. Smith, said term
expiring' March 5, 1946. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Whartmi, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
There being no further business
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ....................................1943.
Adopted ......................................1943.
Councilmen: ~ ....................................
Attest : ................................................
City Clerk.
a ~a
+' ~~ F
(Official)
Special Session, February 19th,
1943.
Council met a,t 7:30 P. M.
Present--Mayor Wharton, Coun-
cilmen Murphy, Schueller, Thomp-
son, Van Duelman, City Manager
Rhomberg.
AIeetiug• called by order of Coun-
cilmen Thompson and Van Duel-
'., man.
Mayor Wharton read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of consider-
ing claims filed against the City of
Dubuque and acting on any other
business as may properly come be-
fore aregular meeting of the City
Council.
Petition of the Schenley Distiller-
ies, Inc., requesting an additional
ninety days upon the option grant-
ing them the right to purchase cer-
tain real estate for the purpose of
constructing an alcohol plant pro-
vided a permit could be obtained
from the War Production Board,
Presented and read.
Councilman Thompson moved
that the rules be suspended for the
purpose of allowing any one present
in the Council Chamber, who wishes
to do so, to address the Council.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men iVlurphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Mr. H. C. Kenline, Attorney, ad-
dressed the Council in support of
the petition of the Schenley Dis-
tilleries, Inc., requesting an addi-
tional 90 days upon the option grant-
ing• the Schenley Distilleries, Inc.,
the right to purchase certain real
estate for the purpose of construct-
ing an alcohol plant. Councilman
Van Duelman moved that the peti-
tion of the Schenley Distilleries,
Inc., be granted. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution No. 11-43.
Whereas, pursuant to Resolution
No. 119-42 duly adopted by the
City Council, the City of Dubuque,
on December 23, 1942, granted to
Schenley Distilleries, Inc., an option
to purchase approximately ten acres
of laud adjacent to the Interstate
18 Special Session, February 19th, 1943
Power Company's steam plant with-
in the city of Dubuque for the pur-
pose of the construction of an alco-
hol plant thereon to aid in the war
effort, subject to the approval of the
War Production Boarcl, and which
option continued fora period of
sixty (60) days from said December
23, 1942; and,
Whereas, thus far the VVar Pro-
duction Board has not issued a per-
mit approving the construction of
said alcohol plant, although the
same is still under consideration,
and the Schenley Distilleries, Inc.
continues interested in the exercise
of said option if approval for the
construction of said plant can be
obtained from the ~Var Production
Board, and toward that end the
Schenley Distilleries, Inc. desires an
extension of said option for an ad-
ditional ninety 190) clays; and,
Whereas, this Council continues
desirous of assisting and doing all
in its power to aid such enterprise
and the war effort, and deems it ad-
visable and for the best interests of
the City of Dubuque to grant such
extension of said option; Now,
Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, that the
terms and conditions of the exten-
sion of said option contract, a copy
of which is attached hereto and
made a part hereof, is hereby ap-
proved and the Mayor and City
Clerk are authorized, empowered
and directed to execute such exten-
sion of said option contract for and
on behalf of the City of Dubuque.
Passed, adopted aucl approved
this 19th day of February, 1943.
ALBERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelanan.
I~Tays-None.
EX'1•ENSION OF OP"f1ON
CONTRACl°
Whereas, pursuant to a resolution
adopted by the City Council on De-
cember 23, 1942, the City of Du-
buque on December 23, 1942, grant-
ed to Schenley Distilleries, Inc., an
option to purchase approximately
ten (10) acres of land within the fol-
lowing description:
Lots 6 to 10, both incl. in Block 1.
Lots 1 to 10, both incl. in Block 2.
Lots 1 to 24, both incl. in Block 7.
Lots 13 to 24, both incl. in Block 8.
Lots 20 to 38, both incl. in Block 9.
Lots 1 to 38, both incl. in Block 10.
Lots 1 to 3, both incl. in Block 13.
Lots 1 i to 19, both incl. in Block
1 i.
Above are all in Dubuque Harbor
Improvement Company's Addition
in the City of Dubuque, Iowa.
Also Lot 2 of Standard Lumber
Company's Addition in the City of
Dubuque, Iowa.
Also adjacent streets and alleys
and accretion property adjoining
the above.
Also the northerly part of Lots 1,
2, 3, 4, 5 of Block 11, Dubuque Har-
bor Improvement Company's Addi-
tion;
said ten (10) acres of land to be ad-
jacent to the real estate now owned
by the Interstate Power Company,
for the purpose of the construction
of an alcohol plant thereon subject
to the approval of the War Produc-
tion Board, and which option vas to
continue for a period of sixty (GO)
days Prom December 23, 1942; and,
Whereas, thus far said War Pro-
duction Board has not approved the
construction of said plant, although
still under consideration;
Therefore, in virtue of the prean-
ises, and for the consideration of
One Dollar, the receipt of which is
acknowledged, and other valuable
considerations, said option to pur-
chase said real estate is hereby ex-
tended for an aclclitional period of
ninety (90) clays from February 23,
1943, subject to all the terms and
conditions thereof except the time
within which said option may be
exercised.
Dated at Dubuque, Iowa, this 19th
day of February, 1943.
ALBERT WHARTON,
Mayor.
J. J. SHEA, City Clerk.
Notice of Claim of Peter A. Pe-
trakis in the amount of $213.40 for
injuries sustained in a fall on an icy
sidewalk on the east side of Iowa
Street half way between 8th and 9th
Streets, presented and read.
Councilman Van Duelman moved
that the Notice of Claim be referred
to the City Solicitor for investiga-
i _,_
i
--..~a
Special Sessiozi, February 19th, 1943 19
tion and report. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Notice of Claim of Oscar Nelson,
in the amount of $1,000.00 for in-
juries sustained in a fall on au icy
alley-way on the left side of Farley
Street between Rhomberg Avenue
and Lincoln Avenue, presented and
read.
Councilman Schueller moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Vau Duelman.
Nays-None.
Notice of CIaim of Joe Benda, iu
the amount of $4.60 for damages to
his automobile caused by a City
truck at the intersection of 13th and
White Streets, presented and react.
Councilman Murphy moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duehnan.
Nays-None.
Communication of Mrs. Leo
Adams, requesting Council to adopt
scone sort of legislation to prevent
dogs from running at large and dam-
aging gardens, presented and read.
Councilman Van Duelman moved
that the communication be referred
to the City Manager. Seconded by
Councilman Thompson. Carried by
the following vote:
Peas-Mayor Wharton, Council-
men Murphy, Schueller, Thompsmi,
Van Duelman.
Nays-None.
Communication of County Auditor
Daykin, advising Council that the
Board of Supervisors have accepted
an offer in the amount of $150.00
from Nick Bock for the purchase of
Lots 170 and 171 of Glendale Addi-
tion and also an offer in the amount
of $60.00 from Wm. N. I~lauer for
the purchase of Lots 32, 33 and 34
of Woodlawn Park and will issue
deeds upon approval of City Coun-
cil, presented and read.
Councilman Murphy moved that
the communication be referred to
the Council to view the grounds.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Petition of the Committee repre-
senting the Police and Fire Depart-
ments, requesting an increase in
salary, presented and read.
Councilman Murphy moved that
the petition be referred to the City
Council and City Manager for con-
sideration. Seconded by Council-
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Petition of the National Tea Co.
Food Store at 898 Main Street, re-
questing permission to erect an un-
loading platform and steps to plat-
form at alley entrance, presented
and react.
Councilman Schueller moved that
the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Vau Duelnan.
Nays-None.
Petition of Catherine S. Lund-
beck, referred to the City Council
by the Board of Supervisors, re-
questing a suspension of the 1942
tales on Lot 11 of Cox's Addition
and Lot 242 of Woodlawn Park, pre-
sented and read.
Councilman Vau Duelman moved
that the petition be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Mm•phy, Schueller, Thompson,
Van Duelman.
Nays-Nosie.
City Solicitor I~intzinger, submit-
ting averbal recommendation that
the petition of Catherirne Lund-
beclc, requesting a suspension of the
1942 taxes on Lot 11 of Cox's Addi-
tion and Lot 242 of Woodlawn Park,
be granted and that the Board of
Supervisors be notified of Council
action.
Councilman Schueller moved that
the verbal recommendation of City
Solicitor Kintzinger be approved
and that the Board of Supervisors
20 Special Session, February 19th, 1943
be notified of Cour_cil action. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-iViayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Dueiman.
Nays-Noce.
Notice of Hearing before the Fed-
eral Communications Commission
in the NTatter of Northwestern Bell
Telephone Company for Increased
Charges for Interstate Telephone
Exchange Service in Iowa, said
Hearing to be held in the Court
House of the Federal Building, Dav-
enport, Iowa, on March 2, 1943, pre-
sented and read.
Councilman Van Duehuan moved
that the Notice of Hearing be re-
ceived and filed. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Ordinance No. 3-43
An Ordinance providing for the
vacation of the alley between Jack-
son and White Streets running from
Eighth to Ninth Streets in the City
of Dubuque, Iowa, and conveying
said alley to Farley & Loetscher
Mfg. Co., said ordinance having
been passed upon first and second
readings ou February 1st, 1943 and
ordered placed on file with the City
Clerk for Public inspection for at
least cue week before its final adop-
tioli, presented and read a third
time.
Ordinance Ne. 3-43
An Ordinance Providing for the va-
cation of the alley between Jackson
and White streets running' from 8th
to 9th streets in the City of Dubuque,
Iowa and conveying said alley to Par-
ley ~ Loetscher 1\Ifg. Co.
Whereas, the Farley & Loetscher
Mfg. Co., Petitioned the Council of
Dubudue for the vacation of the alley
bet~veeu Jaelcson anti tiZ~hite Streets
from Sth Street to 9th Street in the
City of Dubuque; and
~V hereas, all of the real estate abut-
ting' upon said alley is owned by the
Farley S Loetscher Mfg'. Co., anti
tijThereas, said alley is not needed
for street or Public Ptu'poses and the
vacation thereof will not injure, dam-
age or interfere with the use c,f or
accessibility to Private Property sit-
uated in such districts; and
~~~hereas, the Plam:ing' and Zoning
Commission of the City of Dubugne
has examined into the advisai~ility of
vacating of said alley anct has recom-
mended to this council that such va-
catton be made.
\TOw, Therefore,
BE IT ORDt1INS1D BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE:
Section 1. That the alley between
Jackson and l~'hite Streets from Sth
to 9th Streets in the City of Dubuque,
Iowa, l,e, and the same is hereby
vacated.
Section 2. 'ihat in consideration of
the sum oP ~1.G0 acct other valuable
cunsiclerations, the receipt whereof is
hereby acknowledgad, said vacated
area be, and the same is hereby sold,
;;ranted and conveyed to the Farley
P Loetscher -Ifg. Co., its successor's
and assigns; subject, however, to the
limitations and restrictions that all
severs, drains anti water mains lo-
cated upon or within the vacated alley
shall continue to he the property and
ttndcr tha supervision anti control of
the City of Dubuque, its officers and
euipluyes, inclucliug the right anti
power to enter upon the Premises for
all Proper public uses anti purposes,
anti in the event any repairs or re-
»>~~en;ents becmne necessary in or
upon such sewers m' water mains or
services because of any action or
conduct upon the Part of said Farley'
Loetscher lblfg. Co., its agents or
employes, such sewers and water
mains and services shall be repaired
or rebuilt at the expense of Farley
cC Loetscher Mfg. Co, No structure
cf any leind shall be superimposed
upon such sewers or water mains or
services or erected in the same with-
out the approval of the City Council
anti the Deecl hereinafter referred to
shall so Provide, and the Mayor and
Clerk of the City of Dubuque, be, anti
they are hereby directed to execute
and deliver mi behalf of said City,
its Quit Claim Deed to said Farley C
Loetscher Mfg. Co.
Section 3 That the Clerk be, and
he is hereby directed to file and re-
cord a duly certified copy of this
Ordinance in the office of the County
P.ecorder of Dubuque County, Iowa.
Section 4. That this Ordinance, be-
ing' cleemecl urgent a.nd in the inter-
est of the public welfare, shall be in
force anti effect immediately upon
its final passage, adoption and aP-
proyal b3' the City Council and ptth-
lication as by law Provided, and the
rights hereunder shall accrue to Far-
ley ti Loetscher NIfg. Co., its suc-
cessors and assigns when this Ordi-
Hance has been accepted by said
Company, which acceptance shall be
endm'sed hereon and when the cost
of publishing the same has been paid
by said Company•
Passed upon first and second read-
ings this 1st. clay of February, 19-13.
Passed, adopted and aPPt'oved upon
final reading this 19th day of Febru-
ary, 1943.
ALBEP.T WHARTON.
Mayor.
I'. SV. THOI~IPSON.
FP,ANK VA\T DUEL1lIAN.
GEO. R. MURPHY.
B. A. SCHUELLER.
Councilmen.
Attest J. S. SHEA,
City Cleric.
ACCEPTANCE OF ORDINANCE
N o. 3.43
Farley S Loetscher 11Ifg. Co., hav-
ing knowledge of a.ll the terms and
conditions of Ordinance ATO. 3-43 does
hereby ae'ceot Ordinance No. 3-43, as
adol~~ted by the City Council oP the
City of Dubuque, on this 19th. day of.
Special Session, l~ ehruar~~ 19th, 1943 21
February, 1913, anti agrees to comply
with all of the terms and conditions
therein set forth,
Signed this 23rc1. cia}- of February,
1913.
F~RI EY S I OETSCHEP. 1\IFG. CO.
BY ROBERT F. LOETSCHER,
Supt.
Published officially in The Tele-
graph-Herald ne~t~spaper this 24th.
clay of February, 1913.
T. J. SHEA,
2-24-1t. City Cleric.
Councilman Van Duelman moved
the adoption of the ordinance. Sec-
ouclecl by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
February 10, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa,
Gentlemen: I herewith submit
the reports of the City Auditor, City
Treasurer, City Health Department,
City Recreation Director and City
ZVaterworks, also the list of claims
anti payrolls for which warrants
were drawn during the month of
January, 1943.
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Schueller moved the
reports be received and placed on
file. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
February 19, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: This is to advise
that I have approved the following
bond anti desire to have your ap-
proval on same for filing:
EXCAVATION
Louis Buechel, 1043 Main Street;
Boncl 1\TO. 43S7314, Fidelity and De-
posit Co.
Respectfully submitted,
A. A. RHOPIBERG,
City Manager.
Councilman Van Duelman moved
that the bond be approved and
placed on file. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
February 4, 1943.
In re: Claim of Guy Briggs.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: From my investiga-
tion of this claim and conversation
with the claimant, I am of the opin-
ion that there is uo liability on the
part of the City and that his claim
should be cleniecl.
I, therefore, recommend that the
claim of Guy Briggs for $32.46 on
account of damages sustained to an
automobile tire on or about Novem-
ber 25, 1942, when he ran into a
street car rail on Bryant Street
should be denied.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Schueller moved that
the reconunendation of City Solic-
itor Kintzinger be approved. Sec-
oucled by Councilman Murphy. Car-
ried by the following' vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-Noce.
February 4, 1943.
In re: Claim of Mrs. Mathilda
Beerman.
Honorable Mayor and Members of
City Council, City of Dubuque,
Iowa.
Gentlemen: In reference to the
claim of Mrs. Mathilda Beerman for
$2,000.00 for damages alleged to
have been sustained on or about
December 23, 1942, on a claimed de-
tective sidewalk in front of a place
known as 2240 Central Avenue, I
have investigated this matter, have
consulted with the police who made
an investigation, find that there is
evidence that the sidewalk was in
a defective condition and have
talked with Attorney Winging, at-
torney for the claimant. I find that
Mrs. Beerman has sustained a doc-
tor bill in the amount of $95.00 and
other actual expenses to the
amount of about $75.00. After dis-
cussion of the matter with Mr. Will-
ging, he and the claimant have both
agreed to accept $175.00 in full pay-
ment of the claim of $2,000.00.
I reconuuencl that a warrant be
drawn to Mr. E. H. Winging, attor-
ney for Mrs. Beerman, in the
amount of $175.00 anti delivered to
him upon delivery to the City of a
release properly executed by claim-
ant.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Thompson move d
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
22 Special Session, February 19th, 1943
p175.00 in favor of Mr. E. H. Will-
ging, attorney for Mrs. Beerman, as
settlement in full of the claim of
Mrs. Beerman and that said war-
rant be delivered upon receipt of a
properly executed release. Second-
ed by Councilman Murphy. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
February 19, 1943.
In re: Claim of Mrs. Caroline
Theiring.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: In reference to the
claim of Mrs. Caroline Theiring, I
have investigated the claim of Mrs.
Theiring, filed January 30, 1943,
and from my investigation and con-
versation with the claimant, I am
of the ophion that this claim
should be denied and therefore so
recomm~end.
The claim is returned herewith.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Murphy moved that
the recoYnmenclation of City Solic-
itor Kintzinger be approved. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution No. 12-43
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.
Name. Address.
Victory Club, 951~/Z Main Street.
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved
this 19th day of February, 1943.
ALBERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Van Duel-
man. Carried by the foilwing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
ATays-None.
There being no further business,
Councilman Murphy moved to ad-
journ. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, CounciI-
men Mw•phy, Schueller, Thompson,
Van Duelman.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ..................................1943.
Adopted ....................................1943.
Attest : ................................................
City Clerk.
Special Session, hebruary 25th, 193 23
(Official)
Special Session, February 25th,
1943.
Council met at 7:30 P, M.
i
i
t
Present-Mayor Wharton, Coun-
cilmen Murphy, Schueller, Thomp-
son, Van Duelman, City Manager
Rhomberg.
2~Ieeting called by order of Coun-
cilmen Murphy and Schueller.
Mayor Wharton read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of consider-
ing Appropriations for the Fiscal
Year 1343-1944 and acting on any
other business as may properly
come before a regular meeting of
the City Council.
Councilman Thompson move d
the rules be suspended for the pur-
pose of allowing any one present
in the Council Chamber, who wish-
es to do so, to address the Council.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Wharton, Couneii-
tnen Murphy, Schueller, Thompson,
Van Dnelman.
Nays-None.
NIl's. Edward Balback addressed
the Council advising that she had
not received any of the money auth-
orized by the Cottncil in the settle-
anent of her Claim anti stated that
she would like to know why she has
not been paid the money. Mrs. Bal-
back was informed that no warrant
hacl as yet been drawn in the set-
tlement of her claim and that no
warrant would be drawn until the
recommendation of the City Solicit-
or, as approved by the Council, had
been complied with.
Councilman Schueller moved that 'I
Council reconsider their previous
action in approving the recomm~en-
elation of City Solicitor I~intzinger
in the matter of the settlement of
the Claim of Mrs. Edward Balback.
The motion received uo second.
Notice of Claim of Rhea Lantos
in the amount of $30.00 for injuries
sustained in a fall on an icy street
on Fifth Street, presented and
read.
Councilman Van Duelman moved
that the Notice of Claim be re-
ferred to the City Solicitor for in-
vestigation aucl report. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Communication of Clifford Scott
entering complaint about injuries
sustained in a fall on au icy street
at Ninth and Main Streets, pre-
sented and read.
Councilman Van Duelman moved
that the comm~unication be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Petition of American L e g i o n
Auxiliary requesting Council's co-
operation, in issuing a proclama-
tion, naming Saturday, May 29,
1943, for the sale of their American
Legion Veteran matte Poppies, to be
sold to the public iu Dubuque, pre-
sented and read.
Councilman Thompson m o v e cl
that the request be granted. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas--Zayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duehnau.
Nays-None.
Petition of Veterans of Foreign
Wars of The United States request-
ing permission for the holding of
their annual Buddy Poppy sale on
Saturday, May 22, 1943, presented
and react.
Councilman Schueller moved that
the request be grautecl. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Petition of M. B. Olansky request-
ing arefund in the amount of $25.00
on the unexpired porticn of his
cigarette permit No. 146 as he has
discontinued business as of Feb-
ruary 23, 1943, presented and read.
Councilman Thompson move d
that the request be granted and the
City Auditor to be instructed to
draw a warrant in the amount of
$25.00 in favor of M. B. Olansky to
cover the amount of refund granted
24 Special Session, rebruar~r 25th, 1943
on the uuexpirecl portion of his cig-
arette Permit No. 14G. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
meu tlTurphy, Schteller, Thompson,
Van Duelman.
Nays-None.
Proof of publication, certified to
by the Publishers, of a statement
of receipts and also a list of claims
for v~hich warrants were drawn
during the month of January, 1943,
presented and read.
Couuciltnan Murphy moved that
the proof of publication be received
and filed. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor tiVharton, Council-
tuen Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
February 25, 1943.
In re: Claim of Peter Petrakis.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: With reference to
tlae claim of Peter Petrakis for
$213.00 for damages caused by a
fall on au icy sicle~valk on the East
side of Iowa Street between 8th and
9th Street on January 9, 1943, and
filed herein on February 9, 1943,
which was referred to me for in-
vestigation. Ihave investigated this
claim, find that the actual expenses
of Peier Petrakis are $38.40, and
after investigation and consultation
with him, he has agreed to accept
$50.00 in full settlement of his
claim.
I recommend that a tivarrant be
issued payable to his order for the
sum of $50.00 and the same be de-
livered to hln upon execution of a
proper release.
fours truly,
JOHN J. i~INTZINGER,
City Soicitor.
Councilman Murphy moved that
the recommendation of City Solic-
itor hintzing~er be approved and the
City Auditor instructed to draw a
warrant in the amount of $50.00 in
favor of Peter Petrakis as settle-
ment in full of his claim and that
said warrant be delivered upon
execution of a proper release. Sec-
onded by Cottnciltnan Schueller.
Carried by the follotiving vote:
Yeas-11layor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Dttelula.n.
1Vays-None.
Official Notice of the Hearing on
the Proposal to Amend the Bud-
get Estimate of Expenditures of
the City of Dubuque, Io`va, for the
Fiscal Year 1943-1944.
Notice is hereby given that it is
proposed to amend the budget esti-
tuate for the fiscal year beginning
April 1, 1943, and ending March 31,
1944, adopted August 15, 1942, by
changing the following estimated
expenditures:
Cousoliclatecl Fund from $388,802.00
to $396,402.00.
Fire Maintenance Funcl from
$125,112.00 to $131,612.00.
Garbage Disposal and Street Clean-
ing Fuml from $17, 7 7 2.00 to
$19,122.00.
1llain Sewer Fund from $13,115.00
to $13,715.00.
Snow and Ice Removal Fund from
$6,291.00 to $6,741.00.
The amount of these increases
will be paid by the transfer of
$10,000.00 from tlae Water Works
General Fund in the amounts of
$7,600.00 to the Consolidated Fund;
$1,350.00 to the Garbage Disposal
and Street Cleaning Fund; $600.00
to the Main Sewer Fund, and $450.00
to the Snow and Ice Removal Fund
and by the transfer of $6,500.OU
froth the Fire Equipment Fund to
the Fire Maintenance Fund. The
expenditures hereby contemplated
will involve uo increase of taxes.
The matter of amending the Bud-
get Estimate of Expenditures as
adopted for the year 1943-44 will be
considered and acted upon by the
City Council at a special meeting to
lie held in the Council Chamber in
the City Hall, Dubuque, Iowa, on
March 9, 1943, at 7:30 P. M. Any
interested person or persons ob-
jecting or protesting thereto must
present the objection to said City
Council on or before said time.
This notice is given pursuant to
the direction of the City Council of
the City of Dubuque, Iowa.
J. J. SHEA,
Ctty Clerk, City of Dubuque, Iowa.
ۥ':esolutioo Ulo. 13-43
Whereas, the City Council of the
City of Dubuque is faced with the
necessity of increasing the wages
and salaries of city employees; amd
ttihei•eas, the increase of wages
and salaries will require an amend-
ment of the budget estimate of ex-
penditures for the fiscal year be-
ginning April 1, 1943, and ending
1~7arch 31, 1944, by changing the
,h
Special Session, I~ehruary 2~ih, 19'13 2~
following estimated expenditures:
Consolidated Funcl Prom $385,802.00
to $396,402.00.
Fire 1\~Iaintenauce Fund from
$125,112.00 to $131,612.00.
Garbage Disposal and Street Clean-
ing Fund from $17,772.00 to
$19,142.00.
112ain Sewer Fund from $13,115.00
to $13, 715.00.
Snow and Ice Removal Fund from
$6,291.00 to $6,741.00 and
Whereas, the amounts of these
increases will be paid by the tra~.is-
fer of $10,000.00 from the Water
ZVorks General Fund in the amount
of $7,600.00 to the Consolidated
Ftutd, $1,350.00 to the Garbage Dis-
posal and Street Cleaning Fund,
$600.00 to the Main Sewer Fund and
$450.00 to the Snow and Ice Re-
moval Fluid and by the transfer of
$6,500.00 frown the Fire Equipment
Fund to the Fire Maintenance
Fund; and
tiVhereas, the increased expendi-
tures contemplated will involve no
increases of taxatian; i•lo,~~, There-
fore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
City Clerk is hereby directed to
cause to be published in the offic-
ial newspaper of this city at least
once a notice of the time and place
of hearing on the proposal to amend
the budget estimate of expendi-
tures, said notice to be published
at least ten days before the hear-
ing.
Be It Further Resolved that the
City Council meet ou the 9th day
of -Iarcla, 1943, at 7:30 o'clock P.
Nl., in the Council Chamber in the
City Hall of the City of Dubuque,
Iowa, for the Purpose of conducting
a hearing on the proposal to amend
the budget estimate of expencli-
ttu•es as aforesaid, at which time
ang~ interested person or persons
brill be given a full opportunity to
be heard upon any objections or
protests thereto.
Passed, adopted aucl approved
this 25th clay of February, 1943.
ALBERT WHARTON,
Alayor.
F. W. THOMPSON.
FRANK VA\T DUELMAN,
GEO. R. MURPHY,
B. A. SC~~IUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Couucilinan Murphy moved the
adoption of the resolution. Seconcl-
ecl by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor tiVharton, Council-
men Murphy, Schueller, Tlompson,
Van Duelman.
i~Taps-idoue.
• There being no further business,
Couttcihnata Van Duelman moved to
adjourn. Seconded by Councilman
Murphy. Carried b3' the following
vote:
Yeas-Mayor Wharton, Counoil-
t.ien Rlurphy, Schueller, Thompson,
Van Duelman.
idays-1`;one.
J. J. SHEA.,
City Clerh.
Approved ................................... 1943
Adopted ..................................... 1943
Councilmen: ~ .....................................
Attest : ..............................................
City Clerk.