1943 September Council Proceedings_ _ __
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Regular Session, September 6th, 1943 1~7
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(Official.)
Regular Session, September Gth,
1943.
No members of the City Council
being present upon roll call, the
meeting was postponed subject to
call.
J. J. SHEA,
City Clerk.
Approved ..................................1943.
Adopted ......................................1943.
Councilmen: i ......................................
ttest : ................................................
City Clerk.
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17S Special Session, September 7th, 193
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(Official)
Special Session, September 7th,
1943.
Board met at 7:00 P. M.
Present-Chairman Geo. R. Mur-
phy, Messrs. W. W. Moffatt, F. W.
Thompson, Frank Van Duelman,
Albert Wharton.
Chairman Murphy stated that
this meeting of the Board of Health
is called for the purpose of dis-
cussing the infantile paralysis situ-
ation as it now exists in the City of
Dubuque.
Dr. C. C. Lytle, Director of
Health addressed the meeting stat-
ing that it is his opinion that the
present restrictions now in fos•ce
to prevent the spread of Poliomyel-
itis he continued for a period of at
least another week. Dr. J. E.
Bacon addressed the meeting stat-
ing that in his opinion that it
would be advisable to keep the
schools closed for another week.
Dr. Roy I. Theisen addressed the
meeting stating that in his opinion
the schools should remain closed
indefinitely. Mr. A. W. Merrill, Su-
perintendent of Public Schools, ad-
dressed the meeting stating that if
the schools would be allowed to
open that it was his opinion that
the children would be under direct
observation of the school curses
and that iu case any symptom of
sickness showing up on a child that
it would be caught immediately by
the school nurses and that the
children would be much better pro-
tected by being allowed to attend
school than they are now under
the present restrictions. Monsignor
J. M. Wolfe, Superintendent of Pa-
rochial Schools, addressed the
meeting stating that in his opinion
the schools should be allowed to
open and that the children would
be better protected by being allow-
ed to attend school as they would
be directly under the direct obser-
vation of the school curses.
Mr. Albert Wharton moved that
the present restrictions notiv iu
force to prevent the general spread
of Poliomyelitis be continued and
that the Board of Health adjourn
subject to the call of Dr. C. C. Lytle,
Director of Health, at any time he
feels conditions are such that the
restrictions can be removed. Sec-
onded by ZtIr. tiV. W. Moffat. Car-
ried by the following vote:
Yeas-Chairman Geo. R. lilur-
phy, Messrs. W. W. Moffatt, F. W.
Thompson, Frank Van Duelman,
Albert Wharton.
Nays-None.
J. J. SHEA,
Clerk, Board of Health.
Approved ..................................1943.
Adopted ....................................1943.
Attest : ................................................
Clerk, Board of Health.
~~ldjourxled Regular Sessi~xn, ~eptemher 7th, 19=3 17~
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(Official.)
Adjourned Regular Session,
September 7th, 1943.
Council met at 7:30 P. M.
Present-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton. City Manager
Rhomberg.
Mayor Murphy stated that this
meeting is an acljournecl meeting of
the regular uxeeting of September
6th, 1943, for the purpose of acting
upon such business as may proper-
ly come before a regular meeting
of the City Comicil.
Councilman Van Duelman moved
that tiie rules be suspended for the
purpose of allowing' any one pres-
ent. in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
Whartmi. Carried by the following
vote:
Yeas-I,~Iayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wlxarton.
Nays-None.
Petition of Mrs. Louisa Schulte
et al. requesting the removal of the
live poultry and their odor from the
Blum Company Building at 15th.
and Elnx Streets as the presence
of the poultry is a distinct menace
to the health of the people living
in the vicinity, presented and read.
Mrs. Louisa Schulte et al address-
ed the Council objecting to the rais-
ing and presence of the chickens
at the Blum Company Building at
15th. and Elm Streets and request-
ed that the menace be abated.
Councilman Wharton moved that
the petition be referred to the City
Solicitor for investigation and to
submit a report back to the Coun-
cil. Seconded by Councilman Vau
Duelman. Carried by the following
mote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Leonard Burke
stating that he tivould like to amend
his application for a beer license
which by mistake tivas filed in the
first place for the address of 1085
Maio Street and should have read
1091 Main Street, presented and
read. NIrs. Harriett Larkin and Mr.
W. H. Elfmann addressed the Coun-
cil objecting' to the issuance of a
beer permit to Leonard Burke to
be located at 1091 Main Street. Mr.
Leonard Burke addressed the Coun-
cil stating' that in view of the Coun-
cil approving his application for a
beer permit that he had expended
the amount of X800.00 to have the
building' remodeled to meet the re-
quiremeni;s of the ordinance and re-
quested that he be granted a beer
permit to be located in the build-
ing at 1091 Main Street. Council-
man Wharton moved that the com-
munication of Leonard Burke be
received and filed. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas - Councihneu Moffatt,
Thompson, Van Duelman, Wharton.
Nays-Mayor Murphy.
Resolution No. 99-43
tiVhereas, heretofore application
was filed by the within named ap-
plicant for Class "B" Beer Permit
and it has received the approval of
this Council; and
Whereas, the premises to be oc-
cupied by such applicant have been
inspected and found to comply with
the ordinances of this City and a
proper bond has been filed: 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
applicant a Beer Permit.
Class "B" Permit
Name Address
Leonard Burke, 1091 Main Street.
Be It Further Resolved that the
bond filed by such applicant be and
the same is hereby approved.
Passed, adopted and approved
this 7th day of September, 1943.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
Councilmen.
Attest: 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 -Councilmen Moffatt,
Thompson, Van Duelman.
ATays-Mayor Murphy, Council-
mau Wharton.
Communication of Arden Yinkey,
Jr., Chief Special Projects Salvage
Branch, War Production Board, re-
questing Council approval of the
postponing of the program for the
removal of the street car rails from
the streets of the City of Dubuque,
presented and read. Councilman
~Vitarton moved that the request
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1ST ~djcnu-ned Rc~,u?~r Session, September it?x, 19=3
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be granted. Seconded by Council-
man 11/offatt. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
xnan, Wharton.
Nays-None.
Communication of the Civil Ser-
vice Assembly of the United States
and Canada extending invitation
to attend the Annual Conference
on Public Personnel Administration
to be held in St. Louis on October
12, 13, 14, presented and read. Coun-
cilman Moffatt moved that the Sec-
retary of the Civil Service Conxxuis-
sion be authorized to attend the
Annual Conference the expenses to
be borne by the City of Dubuque.
Seconded by Councihnan Thomp-
son. Carried by the following vote:
Teas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man> Wharton.
Nays-A'one.
Communication of the Postal
Telegraph-Cable Company advising
that they have not complied with
the notice served upon them re-
questing the removal of their tele-
graph line from Conunercial Street
for the reason that it does not rec-
ognize any power or authority of
the City of Dubuque to direct such
removal and subnxitting a proposal
to the effect that they will voluntar-
ily renxove the poles, wires, cables
and appliances from Conunercial
Street to a ue~v location on condi-
tion that the City of Dubuque enter
into an agreement to compensate
said company for any and all ex-
penses incident to such removal
and relocation and, further, that ail
rights of said company to continue
the operation of its telegraph sys-
tem at the new location be recog-
nized and confirmed, presented and
read. Councihnan Moffatt moved
that the conununication be referred
to the City Solicitor. Seconded by
Councilman Van Duehnan. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Auleen C. Eberhardt
et al requesting Council to take
action regarding the appearance of
the left side of the highway coming
into Dubuque one hundred feet
from the beginning of Fremont
Street, presented and read. Council-
man Wharton moved that the pe-
tition be referred to the Iowa State
Higlnvay Commission. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Conununication of The Interna-
tional Council of Religious Educa-
tion requesting that a proclamation
be issued proclaiming the week of
September 26 through October 3 as
Religious Education Week, present-
ed and read. Councilman Moffatt
moved that the request be granted
and the iVIayor authorized to issue
a, proclamation as requested. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Teas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, tiVharton.
Nays-None.
Communication of Barbara C.
Todd, Bead Chicago Library
L'ranch, Army Map Service, Corps
of Engineers, U, S. Army, request-
ing that the City of Dubuque do-
nate astreet plan showing the most
recent layout of the City of Du-
buque, presented anti read. Coun-
cilman Wharton moved that City
Manager Rhomberg be instructed
to comply with the request. Second-
ed by Councilman Van Duelmau.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men 1Vloffatt, Thompson, Vau Duel-
man, TVhartou.
1\Tays-None.
Conunuuication of The Des
Moines Register and Tribune con-
cerning the "Food for Freedoux"
Merit Awards being given to groups
and organizations throughout the
state for meritorious work in the
nation's food px•ogram, presented
and read. Councilman Van Duel-
man moved that the communication
be received and filed. Seconded by
Councihnan Thompson. Carried by
the following• vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duei-
man, Wharton.
Nays-Noce.
Communication of Mr. Sheldon
Clark, President Navy League of
the United States, requesting the
issuance of a proclamation request-
ing the schools, colleges, civic clubs
and citizens to join in paying re-
spect to the men of the United
States Navy, The Marine Corps,
Coast Guard and Merchant Marine,
on I~Tavy Day October 27th 1943, pre-
sented and read. Councilman Whar-
ton moved that the communication
be referred to the Mayor with pow-
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Adjourned F~e~ular `~essi~~n, ~.c~l~texnber ith, I9-~3 I~l
e.r to act. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Murphy, Cotancil-
men Moffatt, Thompson, Van Duel-
man, ZVharton.
Nays-None.
Council Proceedings for the
month of June, 1943, presented for
approval. Councilman Thompson
ulovccl that the Council Proceeditig•s
for the month of June, 1943, be ap-
praved as printed. Seconclecl by
CounciLnau Van Duelman. Carried
by the following vote:
Yeas-14Tayor Murphy, Council-
men PJIoffatt. Thompson, Van Duel-
nlan, eVharton.
Maya-Noi1e.
Proof of publication, certified to
by file publishers, of a statement
of receipts and also a list of claims
for which warrants were cll•atvn dur-
ing the month of July, 1943, presert-
ecl and read. Councilman S%an Duel-
niaxx moved that the proof of publi-
cadotl l,e received anti filed. Sec-
onded fly Councilman Wharton. Car-
ried b;s= tTie fallowing vote:
Yeas-Mayoi• itlnrphy, Council-
men Moffatt, Thompson, Van Dttel-
mar., ~tharton.
Nat=s--None.
August 10, 19-13.
To the 1-lonorable :tIayor
and City Council,
Dubuque, Iowa.
Gentlentea: I heretivith stabanit the
reports of the City Auclitcr, City
Treasurer, City Health Depztrtmeut
ant City i~'ater ~Zrorics, also the list
of claims anti payrolls for which
warrants •,vere drawn during the
monti~ of July, 1913.
Respectfully submitted,
A. A. RHOlTBERG,
City Tt~danager.
Couucilxtan Van Dueinlan moved
that the reports be received and
placed on file. Seconclecl by Council-
man Thompson. Carried by the fol- ~
lowing vote:
Yeas--NTayor 1ilurphy, Council-
men Dloffatt, Thompson, Van Duel-
lman, Wharton.
\Tays-None.
August 24, 1943.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen: This is to advise
flat I have approved the following
policy and desire to have your ap-
proval on same for filing:
Taxicab
John S. Young (The Radio Cab
Co.) 5th and Central Avenue. Pol-
icy No. 14P101927, American Casu-
alty Co. of Reading, Pennsylvania.
P~espectfuliy submitted,
A. A. RHOi1IBERG,
City Manager.
Ccnnci311tan Thompson moved
that the bond be approved and
placed on file. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor 11lurphy, Catuxcil-
men S~foffatt, Thompson, Van Duel-
xnau, Wharton.
i~la~-s-lJone.
August 30, 19=13.
To the Honorable Mayor
t{ncl City Council,
Dubuque, Io~i=a.
Gentlemen: Herewith submitted
are Fire Protection agreements
covering properties outside the cor-
porate limits until March 31, 1945.
As provided for in Section 5766.1
of the i939 Code of Iowa, as amend-
e3 the jurisdiction of the City for
fire purposes is eaten led to the fol-
',owing properties: Hilicrest Baby
i`c141, St. Joseph's Satiitaritun, Home
ai t11~ Goocl Shepherd, i\'Ii. St. Ag-
nes 1\'ovitiate, Brunswick Inclttstrial
Bloci:, E. E. Frith Co. Inc., Geo. A.
and Geo. R. Burden, Ed. Bartels anti
:oils, St. Francis Home for the
_ged, lnma.culate Conception Acacl-
e.u;,-. Sisters of St. Francis Coaivent,
anti St. Mary's Orphan Home.
I recomnlencl the approval of
these agreenleltts by the Council.
Respectfully submitted,
A. A. RH0:ITBERG,
City Manager.
Councilman Van Bttelman move i
that the recommendation of City
.~'ianager Rlloxx.berg be agproi=eci
anti fire Agreenlen.ts accepted ant
piacect cal file. Seconclecl by Coutl-
cii,llan Moffatt. Carried by the fol-
1Gwing vote:
Yea:; il'Iayor Murphy, Couneil-
nlen Moffatt, Thompson, Van Duel-
tnau, z.Vharton.
Nays-None.
Septemiler 7, 1918,
To the iEonarable Mayor
~_n;?. City (~'Glll2C11,
Dtti~uque, Iowa.
Gentlemen: At the session of the
C'ouncii held July 23, 1943, the pe-
tition of Gladys Patch requesting
file Council to execute a quit claim
deed to the vacated alley abutting
Lots 6 and 7 of Grandview Place
pursuant to the Ordinance adopted
May Y, 1916 was referred to the
City lIanager and City Solicitor for
investigation and report.
«7e lave investigated the case
anti find the facts as presented in
the petition a,nci recammencl the
granting of file request.
Respectfully submitted,
A. A. RHOMBERG,
City Manager,
J. J. I~INTZINGER,
City S®licitor,
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1~? ~~djourned Rebular Session, September ith, 19=13
Councilman Vau Duehnan moved
that the recommendation of City
T,Iatta~er Rltombetg anti City Solici-
tor I*.iutziuger be approved. Seconcl-
ecl by Councilman Thompson. Car-
ried by the following vote:
I eas-:Mayor 11'Iurphy, Cottucil-
ntea Moffatt, Thompson, Van Duel-
tuan, S~'harton.
PvTa3~s-~doue. ,
Resoiufiio;~ Pdo. 1p0-43.
A resolution authorizing execu-
tion of deed to one-half of the va-
cated alley abutting Lots 6 and 7,
Gt•audview Place in the City of Du-
inulue; on the ZVest, pursuant to
Orcliuance adopted on May, 4, 1916,
and approved 1\Iay 5, 1916.
Whereas, a request has been filed
with the City Council of the City
of Dubuque, Iowa, to execute quit
claim deed to
Vacated alley abutting Lots 6 and
'i, Grandview Place in the City of
Dubuque, Iowa, on the West;
to GIac1Ys Patch, the owner of said
two lots, Pursuant to an Ordinance
adoptefl on May 4th, 1916, which
reads as follows:
"Section 1. That the alley in
Grandview Place, between Graud-
view A;reuue aucl Btaclley Avenue,
from Altntau Avenue to the North
encl of said alley, is vacated and
annulled, and the permanent use of
the respective portions thereof acl-
joining the various lots abutting
thereon is hereby granted to the
owners and proprietors of said lots,
as contemplated by statute in such
cases";
ancl,
Whereas, said Orclinatace provid-
ed that it is to take effect on one
publication in the Dubuque Tele-
graph-Hetalcl and Times Journal;
aucl
Whereas, such publication was
duly made on May 6, 1916;
Now Therefore, Be It Resolved,
by the City Council of the City of
Dubuque that the City of Dubuque
b3' its duly authorized officers, be-
ing its Mayor and Clerk, execute
a l~uit Claim deed conveyitag the
One-half of the vacated alley
abutting• Lots 6 and 7 Grandview
Place, in the City of Dubuque, Iowa,
ou the West, and known as Lot 6A
and Lot 7A of Grandview Place.
to the said Gladys Patch, and de-
liver said deed to the said record
title owner anti do any and all
things necessary to give full force
and effect to the Ordinance adopt-
ed as above referred to.
Passed, adopted and approved
this i th day of September, 1913.
GEO. R. 1lZGRPHY,
11a3'or.
P. W. THOITPSON,
FRANK VAN DIJEL11IA1~T,
Sti'. W. '~IOF~'ATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerlc.
Ccuncilman Thompson moved
the aclaption of the resolution. Sec-
oncied by Councilman Moffatt. Car-
ried by the follo~viug vote:
Yeas-Mayor Murphy, Cottncii-
tne?i 14Ioffatt, 'Thompson, Van Duel-
mau. Wharton.
Nays-None.
August 24, 1943.
In re: Claim of Don B. Bartch,
I-louorable -Iayor aucl City Council,
City of Dubuque, Iowa.
Gentlemen: With reference to
tiie claim of Don B. Bartch, filed
herein for ,10,000.00 for damages, I
have rude investigation and find
that the claimant, on the 10th day
of F~ ebruaty, i94~, fell on a defec-
tive sidewalk on the south side of
Sixteenth Street between Locust
aad lti'Iain Street, v,~hich sidewalk
,~ a.s covered with an accumulation
of tough and irt•egular ice and snow,
having been there for a long period
of titue; that the claimant sustain-
ed serious injuries in that he broke
his arm :litd shoulder, causing him
to be confined and under doctor's
care for souse cousiclerable length
of time; that he sustained actual
damages, iucludiug~ the doctor's
bill, other bills and loss of time in
the amount of about ~S00.00. That
after' considerable consultation with
his Attorneys, Smith, O'Connor &
Thomas, they have agreed to seitle
this claim Yor X1150.00. I t•econunend
that a warrant be issued Payable to
Smith, O'Connor ~z; Thomas, At-
torneys for Don B. Bartch, in the
amount of 5'1150.00 and that the
same he delivered upon delivery to
the City of Dubuque of a release
properly executed by claimant.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor.
Couucilntan Vau Duelmau moved
that the reconunendatiou of City
Soiicitor I~itttzinger be approved
aucl the City Auditor instructed to
draw a warrant in the amount of
°g1150.00 iu favor of Smith, O'Con-
nor & Thomas, Attorneys for Don.
B. Bartch, as settlement in full of
the claim and that said warrant be
delivered upon receipt of a proper-
ly e~;ecuted release by the City of
Dubuque. Secouclecl by Councilman
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Adjourned Regular Session, September 7th, 1943 183
Thompson. Carried by the follow-
ing vote:
~ eas-Mayor Murphy, Couucil-
nxen Moffat, Thompson, Van Duel-
man, Wharton.
Nays-None.
Conununication of County Audi-
tor Daykin advising that the Board
of Supervisors have accepted an
offer in the amount of X000.00 made
by NIrs. Nich Steichen on Lots 1
of 2 of 5 and 2 of 2 of 5 of Min. Lot
307A and will issue deed upon ap-
proval by the City Council, present-
ed and read. Councilman Wharton
moved that the communication be
received and placed ou file. Sec-
onded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Whartou.
Nays-None.
Resolution No. 101-43.
Whereas, Lots 1 of 2 of 5 and 2 of
2 of 5 of Min Lot 307A in the City of
Dubuque, Dubuque County, Iowa
were sold ou February 3, 1936 'to
Dubuque County, Iowa by the
County Treasurer of Dubuque Coun-
ty, Iowa for the delinquent taxes
and unpaid tales against Lot 1 of
2 of 5 of Min. Lot 307A fox' the
years 1925 to 1934 inclusive and
against Lot 2 of 2 of 5 of Min. Lot
307A for the years 1931 to 1934 ixa-
clusive, and
tiVhereas, the said Dubuque Coml-
ty, Iowa, desires to sell the above
described real estate to Mrs. Nich
Steichen fox• X000.00, axxd
Whereas, the sale of said prop-
erty by Dubuque County, Iowa, to
NIrs. Nick Steichen for a sum less
than the total amount stated in the
tas certificate inclucliug all endorse-
ments of subsequent general taxes,
interests and costs requires the
written approval of a majority of
all the tas levying and tas certify-
ing bodies having any interest in
Said general tales; Now There-
fore,
Be It Resolved by the City
Council of the City of Dubuque,
Iowa that the sale of said prop-
erty to Mrs. Nick Steichen for the
sum of $000.00 in cash, be and the
same is hereby authorized and ap-
proved.
Passed, adopted and approved
this 7th day of September, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMt~N,
W .W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA, '
City Clerk.
Councilman Van Duelnxan moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas--Iayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 102--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 per-
mit to sell cigarettes and cigarette
papers within said City and the
Manager is directed to issue such
permit ou behalf of said City.
Name Aclclress
Frank and Elsie Sancl, 2364 Wash-
ington Street.
John A. and Harriett Armstrong,
39s Main Street.
Millard Poquette, 923 Main Street.
1>e It Further Resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 7th day of September, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAi~T,
Vd. W. MOFFATT,
ALBEP~T 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 follawing vote:
Yeas-Niayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Noxie.
Resolution iVo. 103-43
Whex eas, applications for Beer
Permits have been submitted to this
Council for approval and the same
have been esa'mined: Now, There-
Yor
Be It Resolved by the Council
of the City of Dubuque that the fol-
lovaing applications are granted and
the licenses are to be isstted upon
compliance with the terms of the
ordinance of this City. _
CLASS "B" PERMIT
Name Address
Harry Grode and Viola Grode,
1633 Central Avenue.
Patrick R. Kennedy, 2412 Central
Avenue.
Emil C. Leiser, 1255 Central Ave-
nue.
John A. Hochberger and Wnx.
Hochberger, 1701 Asbury Street.
George Nardin, 1105 University
Avenue.
18-1 _ldjc~urxlecl r~~~~ui:ir Session, ,eptember ith, 193
CLASS "B" PERMIT FOR
PRIVATE CLUB
Dttbuque Lodge No. 355, Loyal Or-
der of P,~Iaose, 1379 Central Avetxtte.
CLASS "C" PERMIT
Tenenbom Super-Market, Inc.,
630 Locust Street.
Passed, adopted and approved
this 7th day of September, 19x3.
GEO. R. MURPHY,
lllayol•.
F. W. THOMPSON,
FRANK VAN DUELITAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson moved the
adoptions of the resolution. Second-
ed by Councilman Vaxa Duelman.
Carried by the following vote:
Yeas-14Tayor 211tu•phy, Couxxcil-
men Moffatt, Thompson, Tian Duel-
maxx, Wharton.
Nays-I\Tone.
6~esolution id o. 104--43
Whereas. heretofore applications
were filed by the within naxnecl ap-
plicants for Beer Permits and they
have received the approval of this
Council; and
Whereas, the premises to be oc-
cupied Uy such applicants have
been inspected and found to comply
with the orclanax?ce of this City and
they have filed a pa•oper 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 ap-
plicants aBeer Permit.
CLASS "B" PERMIT
Harry Grocle and Viola Grode,
1638 Central Avenue.
Patrielc R. I~eunecly, 2412 Cen-
tral Avenue.
Emil C. Leiser, 1255 Central Ave-
nue.
John A. Hochberger and Wm.
Hochberger, 1701 Asbtu•y Street.
George Nardin, 1105 University
Avenue.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Dubuque Lodge No. 355, Loyal Or-
der of Maose, 1379 Central Ave-
nue.
CLASS "C" PERMIT
Tenenbam Super-Market, Inc.,
630 Locust Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 7th day of September, 1943.
GEO. R. MURPHY,
Mayor.
F. V~. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson moved tlae
adoption of the resolution. Second-
ed by Councilman Vau Duelman.
Carried by the following vote:
Yeas-Mayor 11Turphy, Council-
men MoYfa.tt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Chief of Po-
lice Strub recommending the revo-
cation of the Class "B" Beer Permit
for Private Club issued to the Vic-
tory Club, presented and read.
Couucilntan Moffatt moved that the
cotnmuttication be referred to the
Council. Seconded by Councilman
Thompson. Carried by the follow-
iug vote:
Yeas-Mayor ATurphy, Council-
men I<Toffatt, Thompson, ~'an Duel-
man.
Nays-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 follow-
ing vote:
Yeas-Mayor 11Iurphy, Council-
men 1\Toffatt, Thompson, Van Duel-
man Wharton.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ..................................1943.
Adopted ...................................1943.
Councilmen: ~ ......................................
Attest : ................................................
City Clerk.
Special 5essi~u7, September I3th, 1943 185
~ r® r i
L. - ffl
(QFFECIAC..)
Special Session, September 13th
1943.
Board met at 7:00 P. M.
Present-Chairman Geo. R. Mur-
phy, Messrs. W. W. Moffatt, F. W.
Thompson, Frank Van Duelman,
Albert Wharton.
Dr. C. C. Lytle, Director of
Health, addressed the meeting stat-
ing that three new cases of Polio-
uxyelitis had occurred in the Du-
bu~ue area, two adult cases and
one child case. A lengthy discussion
as to the advisability of opening
the schools and rescinding the pres-
ent restrictions now in force to pre-
vent the spread of Poliomyelitis
was held between the Members of
the Board of Health, the Health
Director and the Superintendent of
Public Schools. I
11Ir. Albert Wharton moved that
the Board of Health adjourn to re-
convene at 7:00 P. M. on Friday,
September 17th 1943. Seconded by
Mr. Frank Van Dueiman. Carried
by the following vote:
Yeas-Chairman Geo. Et. Murphy,
Messrs. W. «~. !lFoffatt, F. W.
Thompson, Frank Van Duelman,
Albert Wharton.
Nays-None.
3. J. SHEA,
Clerk, Board of Health.
Approved ..................................1943.
Adopted ....................................1943.
.....................................
Members of
Board ..
...........
of Health
............. ......................
l ............ ........................
Attest : .....................................
Clerk, Board of Health.
15+~ Special Session, September 17th, 1943
~ "g ~ ' ~'
~ i ,~
(OFFICIAL.)
Special Session, September 17th
1943.
Board met at 7:00 P. M.
Present-Chairman Geo. R. Mur•
play, 1Tessrs. W. W. Moffatt, F. W.
Tlxompaon, Frank Van Duelmany
Albert Wharton.
Dr. C. C. Lytle, Health Director,
addressed the meeting and reported
that no new cases of Poliomyelitis
have been reported in the past few
days and recommended that the re-
strictions now in force for the pre-
vention of the spread of Poliomyel-
itis be rescinded to become effec-
tive on Monday, September 20th,
1913, at 7:00 A. M.
llh•. Albert Wharton moved that
the restrictions adopted by the ,
Board of Health because of the epi-
demic of Poliomyelitis be rescind-
ed and the state of emergency to
terminate on Monday, September,
20th, 1943 at 7:00 A. M. Second-
ed by IVh•. F. W. Thompson. Carried
by the following vote:
Yeas-Chairman Geo. R. Murphy,
iVIessrs. W. W. Moffatt, F. W.
Thompson, Frank Van Duelman,
Albert Wharton.
1~Tays-None.
Mr. Frank Van Duelman moved
that the Board of Health commend
the Dubuque County Medical So-
ciety, the Poliomyelitis Committee
of the Dubuque County Medical So-
ciety, the Dubuque County Chapter
of the National Foundation for the
prevention of Infantile Paralysis,
the Superintendent of the Public
Schools, the Superintendent of the
Parochial Schools, the Radio Sta-
tions, the Newspapers, the Parents
and the General Public for their co-
operation and support during the
Poliomyelitis epidemic and that the
Chairman of the Board of Health
be requested to convey to them
in an appropriate manner the ap-
preciation of the Board of Health
for their cooperation and support
during the Poliomyelitis epidemic.
Seconded by Mr. F. W. Thompson.
Carried by the following vote:
Yeas-Chairman Geo. R. Murphy,
Messrs. W. W. Moffatt, F. W.
Thompson, Frank Van Duelman, Al-
bert Wharton.
Nays-None.
There being no further business
Mr. Frank Van Duelman moved that
the Board of Health adjourn. Sec-
onded by lh', dV. tip'. Moffatt. Car-
ried by the following vote:
Yeas-Chairman Geo. R. Murphy,
Messrs. W. tiV. Moffatt, F. W.
Thompson, Frank Van Duelman, Al-
bert SVharton.
Nays-None.
J. J. SHEA,
Clerk, Board of Health.
Approved ..................................1943.
Adopted ......................................1943.
Members of
Board ~ ......................................
of Health ~
................................................
Clerk, Board of Health.
_ ..,
.,.
,_
T
Special Session, September 17th, 1943 187
~,
(®fficial)
Special Session, September 17th
1943.
Council met at 7:30 P. M,
Present -Mayor Murphy, Coun-
cilmen Moffatt, Thompson, Van
Duelman, Wharton, City Manager
Rhomberg.
Meeting called by order of Coun-
cilmen Thompson and Van Duel-
man.
Mayor Murphy read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of consider-
ing Ordinance No. 11-43, an ordin-
ance repealing Ordinance No. 19-35
which amended Ordinance No. 9-35
relating to the issuance of Class
"B" and Class "C" Beer Permits
and acting on any other business
as may properly come before a
regular meeting of the City Coun-
cil.
Communication of Elks Lodge
thanking Council for the assistance
given in their sponsoring of Du-
buque Navy Day parade and pro-
gram on August 20th, 1943, pre-
sented and read. Councilman Van
Duelman moved that the commuui-
catiou be received and filed. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Nlayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Andrew D. Karigau
requesting a refund in the amount
of $75.00 on his cigarette permit
No. 174 as he has discontinued bus-
iness on September 6, 1943, present-
ed and read. Councilman Thomp-
son moved that the request be
granted and the City Auditor in-
structed to draw a warrant in the
amount of $75.00 in favor of An-
drew D. Karigan to cover the
amount of refund granted on his
cigarette permit No. 174. Seconded
by Councilman Moffatt. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Henry J. and Pearl
Kaep requesting the execution of a
Quit Claim Deed conveying to them
the northerly half of the portion of
the vacated alley innnediately south
of and adjoining Lot 43 in Julia L.
Langworthy's Addition, presented
and read. Councilman Van Duel-
man moved that the petition be re-
ferred to the City Manager and City
Solicitor. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Ordinance No. 11-43. An Ordin-
ance repealing Ordinance No. 19-35
which amended Ordinance No. 9-35
relating to the issuance of Class
"B" and Class "C" Beer Permits
providing for the regulation of class-
es of Beer Permits and require-
ments to obtain said permits, and
by the insertion and addition to
said Ordinance No. 19-35 a limita-
tion upon the issuance of Class "B"
Permits, and by repealing any Ord-
inance in conflict herewith, present-
ed and read. Councilman Thompson
moved that the reading just had be
considered the first reading of the
ordinance. Secondod by Council
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
Councilman Thompson moved
that the rules be suspended requir-
ing an ordinance to be read ou three
separate days. Seconded by Coun-
cilman Van Duelman. Carried by the
following• vote:
Yeas-Mayor Murphy, Council-
men Moffatt. Thompson, Van Duel-
man, Wharton.
Nays-None.
The Ordinance was then read a
second time. Councilman Thomp-
son moved that the reading just had
be considered the second reading
of the ordinance. Seconded by
Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
Murphy, Councilmen Moffatt,
Thompson, Van Duelman, Wharton.
Nays-None.
Councilman Thompson moved
that the ordinance be placed on fila
with the City Clerk for public in-
spection for at least one week be-
fore its final adoption. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffati, Thompson, Van Duel-
man, Wharton.
Nays-None.
August 19, 1943.
In re: Claim of John Ruh,
Honorable Mayor and City Council,
Dubuque, Iowa.
Gentlemen: With reference to
the claim of John Ruh, filed herein
188 Special Session, September 17th, 19~F3
for $1,291.00, $291.00 being for ac-
tual expenses and $1,OOO.DO for pain
and suffering, I have investigated
this claim, consulted with the at-
torney for the claimant and am of
the opinion that there is a jury ques-
tion iu this case and there may be a
liability upon the part of the City.
After consultation with the attor-
ney for the claimant they hava
agreed to settle the claim for the
sum of $250.00. I reconunend that
a warrant be issued to F. D. Gil-
; loon, Attorney for John Ruh, in the
sum of $250.OU and that the same be
', delivered to him upon delivery to
the City of Dubuque of a release
Properly executed by the claimant.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Uolicitor Iiiutzinger be 'approved
and the City Auditor instructed to
draw a warrant in the amount of
$250.00 in favor of F. D. Gilloou,
Attorney for John Ruh, as settle-
ment in full of the claim and that
said jvarrant be delivered upon re-
ceipt by the City of Dubuque of a
properly executed release by the
claimant. Seconded by Council-
men Moffatt. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
mari, Wharton.
Nays--None.
September 10, 1943.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: With reference to
the request asking the City Council
to order the removal of live poultry
and their odor from the Blum Com-
pany building at Fifteenth and Elm
Street, it is provided by the Code
of Iowa:
5739 NUISANCES-Action to
Abate. They (the City) shall have
power to Prevent injury or an-
noyance from anything danger-
ous, offensive, or unhealthful; to
cause any nuisance to be abated,
and to provide for the assessment
of the cost thereof to the prop-
erty. They may prohibit any pub-
lic or private nuisance, anti may
maintain actions in equity to re-
strain and abte any nuisance.
In the case of Cole V. Kegler, 64
Iowa, 59 it is held:
That the power to abate nui-
sances does not enable the Cowl-
cil to determine conclusively that
a particular thing constitutes a
nuisance; anti if the Council
orders tlae removal of a thing
Gvhich is in fact not a nuisance,
the person causing its removal
will be individually Babe in dam-
ages and it is stated:
"The paintiff was not damaged
by the passage of the ordinance,
and he does not claim that he
was. His claim is that his prop-
erty has been unlawfully destroy-
ed. If it was not in fact a nuisance,
then no ground for its destruc-
tion existed, and the Plaintiff has
been unlawfuly deprived of his
property. It would be strange in-
deed, if he coud not, under such
circumstances, recover, a just and
adequate compensation. Rounds
v. Mansfield, 33 Me., 586; Green
v. Underwood, before cited."
It is further provided by the
Statute:
12395 NUISANCE-what con-
stitutes-action to abate. What-
ever is injurious to health, inde-
cent or offensive to the senses,
or au obstruction to the free use
of property, so as essentially to
interfere with the comfortabe en-
joyment of life or Property, is a
nuisance and a civil action by
ordinary proceedings may be
brought to enjoin and abate the
same and bo recover damages
sustained on account thereof
In the case of Riggings v. Decor-
ah Produce Co., 214 Iowa, 276, be-
ing an action to enjoin an alleged
nuisance in a plant where poultry
is bought, fed and cleaned, the Su-
preme Court of Iowa states:
"It is a matter of common
knowledge that live poultry may
not be handled even with the
most scrupulous care without
causing more or Less noise and
confusion. Chickens confined in
coops or feeding batteries or at
liberty in ordinary chicken hous-
es will cackle and crow more or
less early in the morning and at
other times when disturbed. iln-
less the feeding troughs are
promptly cleansed and all decay-
ing feed prevented from remain-
in therein, or if the offal, blood,
feathers and other matter ac-
cumulating about appellee's plant
are not prompty and carefully
disposed of, more or less odor of
varying degrees of offensiveness
`will inevitably arise therefrom.
It has been held that the squeel-
ing of pig's, odors arising from hen
houses, together with the noises
incident thereto, do not constitute
nuisances. Cark, v. Wambold, 160
N. W. (Wis.) 1039; `~~acle v. iElil-
ler, 73 N. E. (Mass.) 549; Ballen-
tine v. Webb, 47 N. ~V. (Mich.}
4S5" (Page 2S2).
~X
W-~
Special Session, Septemiler 17th, 19-13 1S9
"One pel•son may be and prob-
ably is much more sensitive to
such anatters than others. In
passing upon questions of the
character before ns, courts must
have in nlincl the effect of such
offensive mattel•s upon persons of
ordinary and reasonable sensibili-
ties. Nevertheess, it seems to us
that solzle of the possible sources
of aliegad offensive odors may be
largely, if not wholly, avoided.
The odor az•ising from scalding
chickens is, no doubt, difficult
to minimize to any considerable
extent. The accllnzulation of de-
caying food, if any, in the feed-
ing troughs may be wholly
avoided. The removal of the of-
fali fi•a~zz the feeding batteries
should ire sufficiently prompt and
thorough to eliminate most of the
complaint from this source. It
should not lie permitted to be
placed in, or to remain about, the
plant in open containers, nor
should it be conveyed in open
trucks or wagons. This should be
remedied. The tallow and par-
affin removed from the dead
fowls necessarily becomes so
nlixecl with foreign substances
that, when repeatedly reheated,
it becomes offensive. It appears
to be the custom at the plant to
replace the tallow and paraffin in
the vats for reheating. This op-
eration should not be repeated
until the odor arising from the
vat is substantially intensified
thereby. Iu other words, too fre-
quent 1•epetition must be avoided.
The killing room and all other
parts of the plant and premises
should be kept scrupulously clean
and sanitary. «Te do not over-
look the testimony on behalf of
appellee on this point, but there
are always possibilities of iul-
provement in sanitation and
cleanliness. The odors fz•om the
plant are little noticed by appel-
lant or those residing in his im-
mediate vicinity, except when the
wind in the warmer season blotivs
from the northeast. This is not
the Prevailing direction Prom
which the breezes come in the
summer season. The property of
appellant consists of a valuable
modern dwelling house and iuz-
proved grounds, and while the
area in the residential section af-
fected by the matters complained
of is very small, this is not a de-
fense to appellant's action. The
evidence does show, however,
that there are more or less nois-
es in the community front the op-
eration of railway trains, ice and
other plants and that some odor
escapes from the gas plant and,
no doubt, from the stockyards lo-
cated farther away. Upon the rec-
ord before us, we are of the opin-
ion that the operation of the Pro-
duce plant should not be enjoin-
ed. The decree will be modified,
however, to the extent that ap-
pellees will be enjoined froul
placing the offal from the feeding
batteries and other sources in
open cans or placed about the
premises in open containers and
from being removed therefrom in
open conveyances. Accumula-
tions of this character must be
removed in closed containers.
The decree will also be modified
so as to prohibit the use of tal-
low and paraffin with which oth-
er substances have been mixed
so as to increase the odor from
the heating vat in which same
are placed." (pag•e 283-254).
The court, in the Higgins case,
refused to enjoin the operation of
the chicken plant as a nuisance,
but only enjoined certain things in
connection with the operation of
said plant. This ease is much like
the Bluln case. I am of the opin-
ion that the Council cannot legal-
ly declare the Blum plant a nuis-
ance and order the abatement
thereof.
The Zoning Ordinance of Du-
buque places certain restrictions on
chickens in residential districts.
The Blum plant is located in the
Heavy Industrial District, and there
are no restrictions against the op-
eration of the plant in question in
that district, unless the same con-
stitutes a nuisance.
Olll'S tl'llly,
JOHN J. I~INTZINGER,
City Solicitor.
Councilman Z~harton moved that
the opinion of City Solicitor Kintz-
inger be received and filed. Sec-
onded by Councilman i\Zoffatt. Car-
ried by the following vote:
I eas-1\Iayor Murphy, GOl1llC11-
men Moffatt, Thompson, Van Duel-
8uan, ~vha,rton.
Nays-None.
Dubuque, Iowa,
September 13, 193.
To the Honorable Mayor,
and Illenlbers of the City Council,
Dubuque, Iowa.
Gentlemen: In accordance with
provisions of Chapter 259 of the
Code of Iowa, 1939, the Civil Ser-
vice Conunission conducted a pro-
motiolzal examination, as of April
26th, 19?3, for those seeking pro-
motions ou the Fire Department.
The following are those who pass-
it
~I
',I
III
1_90 Special Session, September lith, 19.3
ed with the highest averages. All
protatotious ou the Fire Department
should be made from this list.
Captain
Name Average.
tiVm. F. Higgins ............. .........50.50%
Engineers
Name Average.
Jolm T. Ratterman ....... .........77.00%
Martin J. Fury .............. .........75.00%
Lieutenants
Name Average.
Francis R. Henkels ... .........88.50%
William E. Blaser ........ ..........58.00 0
Ben J. O'Leary .............. ..........58.00%
Eldon H. Strohmeyer .........88.00%
Martin J. Cahill ............ ..........85.00%
Patrick lI. Casey ........ .........53.00%
Ellwood J. Flicii ............ ........_S2.50%
John P. Schadle ............ ..........82.50%0
Louis J. Donovan .......... ..........79.00%
Clarence H. Kearney .. ..........78.00%
Herbert C. Hocking ...... ..........73.50%
Respectfully sn bmittecl,
C. S. HARDER,
Chairman.
DR. JON B. MURRAI ,
EDWIN F. STRUEBER,
Commissioners.
J. J. SHEA,
Clerk.
Subscriitecl and sworn to before
me this 13th day of September,
1943.
CtERALDINE L. DEMDIER,
Notary Ptablic.
Councilman Wharton moved that
the report of the Civil Service Cont-
mission he received and treacle a
matter of record. Seconded by
Councilman Thompson. Carried by
the following vote:
eas-1\Zayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
September 10, 1943.
To the Honorable Mayor
and City Cotmcil,
Dubuque, Iowa.
Gentlemen: I laerewitlt submit
the reports of the City Auditor, City
Treasurer, City Health Department
and City Water Works, also the list
of claims and payrolls for which
warrants were dra`vn during the
month of August, 1943.
Respectfully, snbmittecl,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the reports be reeeivecl and
placed on file. Seconded by Coun-
cilutau Thompson. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
September 17, 1943.
To the Ilouorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen: This is to advise
that I have approved the following
bond and policy and desire to have
your approval on same for filing:
ENCAVATION
Richard J. Burke, 130 West 13th
Street, Boncl No. 2843, American
Bonding Co. of Baltimore.
Curtis-Straub Co., 1069 Main
Street, Policy No. MP 36423, Cen-
tral Surety & Ins. Corp.
Respectfully submitted,
A. A. RHOMBERG,
City Manager,
Couuciltuan Thompson moved
that the bonds be approved and
placed on file. Seconded by Coun-
cilman i'an Dttelman. Carried by
the following vote:
Veas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
ntan, Wharton.
Nays-Nona.
Fiesoltation l~lo. 105-~3
tiVhereas, application for Class
"B" Beer Permit has been snbmit-
tecl to this Council for approval and
the same has been examined: Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the follow-
ing application is granted and the
license is to be issued upon com-
pliance with the terms of the orctiu-
auces of this City.
CLASS "B" PERMIT
Name Address
Hubert 11I. Fischbach and Ethel
Fischbach, 1097 Jackson Street.
Passed, adopted and approved
this 17th clay of September, 1943.
GEO. R. MURPH ~',
Mayor.
F. W. THOi1TPSON,
FRAl\TD VAN DUELMAN,
W. W. MOI+FATT,
ALBERT «THARTON,
Councilmen.
Attest: J. J. SHEA.
City Clerk.
Councilman Van Duelnan moved
the adoption of the resalution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
I eas-Mayor NTurphy, Council-
men Moffatt. Thompson, Van Duel-
man, Wharton.
Nays-None.
~~
n,:;
Special Session, September 17th, 1943 191
Resolution PVo. 106-43
Whereas, heretofore application
was filed by the within named ap-
plicants for Class "B" Beer Permit
and it has received the approval of
this Council; and
Whereas, the premises to be oc-
cupied 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 ap-
plicants aBeer Permit:
CLASS "B" PERMIT
Name Address
Hubert M. Fischbach and Ethel
Fischbach, 1097 Jackson Street.
Be It Further Resolved that the
bond filed by such applicants be and
the same is hereby approved.
Passed, adopted and approved
this 17th day of September, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. -IOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolutiau. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-1Viayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, tiVharton.
Nays-None.
Communicatiou of County Audi-
tor Daykin advising Council that
the Board of Supervisors have ac-
cepted abid in the amount of $35.00
made by Arch. Tinklaam on Lots 11
and 12 of Marsh's Addition, present-
ed and read. Couucilxnan Thompson
moved that the communication be
referred to the Council to view the
g~rouncls. Seconded by Comicilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy. Couneil-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
Conununication of County Audi-
tor Daykin advising Council that
the Board of Supervisors have ac-
cepted abid in the amount of $50.00
of Mrs. Andrew Hindman on Lots
106 and 107 in Burden & Lawther
Addition, presented and read. Cotui-
cihnan Thompson moved that the
communication be referred to the
Council to view the grounds. Sec-
onded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Conumuuication of County Audi-
tor Daykin advising Council that
the Board of Supervisors have ac-
cepted abid in the amount of $55.00
made by Howard W. Hintz on Lots
X-2-3-11-12 and 13 of Ding's Grove
Addition, presented and react. Coun-
cilman Thompson moved that the
communication be referred to the
Council to view the grounds. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
1Vays-None.
Contxnunication of County Audi-
tor Daykin advising Council that
the Board of Supervisars have ac-
cepted au offer of $120.00 trade by
the Board of Doch Coxnrnissioners
on Lots 615 to 619 hlcl., Lots 022
to 626 incl., Lost G20-621 East Du-
buque Addition, presented and read.
Councilman Thompson moved that
the communication be referred to
the Council to view the grounds.
Secomcled by Councilman Van Duel-
man. Carried by the following vote:
Yeas-NTayor Ivlnrphy, Council-
tneu Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of County Audi-
tor Daykin advising Council that
the Board of Supervisars have ac-
cepted an offer of $40.00 made by
John Schoeberl on Lot 129 of Wood-
la~vn Park Addition, presented and
react. Councilman Thompson moved
that the communication be refer-
red to the Cotmcil to view the
grounds. Seconded by Councilman
Iran Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-1Vone.
There being uo further business
Councilman Thompson moved to acl-
192 Special Session. September 17th, 1943
journ. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
3. d. SHEA,
City Clerk.
Approved ........ ..........................1943.
Adopted ........... .........................1943.
fr:_-t.
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SpFCial Session, ScUtemhex- 24th, 1943 193
.~. ~
n ~°;7 II i I ~ I'l ~I~ ii;'
(Official}
Special Session, September 24th,
1943.
Council met at 7:30 P. M.
Present -Mayor Murphy, Coun-
cilmen -Zoffatt, Thompson, Van
Duelman, Wharton, City Manager
Rhomberg.
Meeting called by order of Coun-
cilmen Moffatt and Thompson.
Mayor Murphy read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of consider-
ing the petition of the Dubuque
Packing Company requesting per-
mission to occupy twelve feet in
width and forty feet in length of
the westerly side of Sycamore
Street lying easterly of the souther-
ly 28 feet 8 inches of Lot 426 and
the northerly 11 feet 2 inches of Lot
425 of East Dubuque Addition No.
2 for the purpose of constructing
and maintaining thereon a "Resin
Storage aucl Reclaiming House"
and acting• on any other business as
may properly come before a regular
meeting of the City Council.
Petition of the Dubuque Packing
Company requesting permission to
occupy ttivelve feet in width and
forty feet in length of the westerly
side of Sycamore Street lying east-
erly of the southerly 28 feet 8 inch-
es of Lot 426 and the northerly 11
feet 2 inches of Lot 425 of East
Dubuque Addition No. 2 for the pur-
pose of constructing and maintain-
ing thereon a "Resin Storage and
Reclaiming• House", presented and
read. Councilman Van Duelman
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
Thompson. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton,
Nays-None.
Mr. M. H. Czizek, Attorney, rep-
resenting the Dubuque Packing
Company, addressed the Council in
support of the petition of the Du-
buque Packing Company. Council-
man Van Duelman moved that the
petition of the Dubuque Packing
Company be received and filed.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Nmle.
Resolution No. 107-43.
Be It Resolved by the City Coun-
cil of the City of Dubuque as fol-
lows:
Par. 1. That Dubuque Packing
Company, its successors and as-
signs, be and it is hereby granted
the right and authority to use and
occupy twelve feet in width and
forty feet in length of the westerly
side of Sycamore Street lying east-
erly of the southerly twenty eight
feet and eight inches of Lot 42G and
the northerly eleven feet and two
inches of Lot 425, East Dubuque Ad-
dition No. 2, for the purpose of coxa-
structing a.nd maintaining thereon
a Resin storage and reclaiming
house, such building' to be twelve
feet in ~viclth, forty feet in length
and approximately nineteen feet in
heighth, and to be built of fire-
proof construction.
Par. 2. That such building shall
be constrxxeted under the supervis-
ion of the City Manager and Build-
ing Commissioner.
Par. ~. That the right to con-
struct and maintain such building
shall be subject to the continuous
control of the City Council, reserv-
ing the right to said Council to im-
pose restrictions and conditions up-
on the enjoyment thereof as may
be reasonably necessary for the
protection of the public interests,
including the right to revoke and
rescind this grant if at any time
the public interest should require
such revocation.
Par. 4. As a further consideration
for the rights and privileges hereby
granted, said Dubuque Packing
Company, its successors and as-
sig~ns, shall assume all liability for
damages to persons or property
which might result from the con-
struction and maintainance of the
structure hereby authm•ized, and
said Dubuque Packing Company, at
its own expense, shall defend any
and all claims and actions which
may be made or brought against the
City of Dubuque because of the
structure herein referred to, and
should the City be required to pay
any sum, as damages on account
thereof, said Dubuque Packing
Company shall reimburse said City
harmless from such damages.
Par. 5. Should the rights and
privileges hereby granted be re-
scinded or revoked, Dubuque Pack-
ing Compaxay, its successors and as-
signs, upon reasonable notice and
1~i4 Special Session, September 24th, 1943
at its own expense, shall remove
the structure hereby authorized and
x•estore the street to as good condi-
tion as it was before such stru~-
tune was placed thereon.
Par. 6. This Resolution shall be-
come effective and the rights here-
under shall accrue to Dubuque
Packing Company, its successors
and assigns, when the terms and
provisions thereof have been ac-
cepted by said Company, which ac-
ceptauce shall be endorsed hereon.
Passed, adopted and approved
this 24th clay of September, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
-,:. `. I'
s '' i
i
Attest: J. J. SHEA,
City Clerk.
Acceptance of Resolution
Dubuque Packing Company, hav-
ing knowledge and full unclerstaucl-
iug of all of the terms and pro-
visions of the foregoing Resolution,
being Resolution No. 107-43, here-
' by accepts the same.
Dated and signed at Dubuque,
Iowa, this 25th clay of September,
1943.
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Dubuque Packing Company,
By H. W. WAHLERT.
President.
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Vau Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Mrs. Katie A. Miller,
referred to the City Council by the
hoard oY Supervisors, requesting
suspension of the 1942 taxes on
Lots 9 and 10 of Johnston's Sub-
division, presented and read. Coun-
cilman Wharton moved to refer the
petition to the City Solicitor for in-
vestigation and report. Secouclecl by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt. Thompson, Van Duel-
man, Wharton.
Nays-None.
Original Notice of Suit of Philip
V. Schwinn and Carl P. Hoare,
guardians of the person and prop-
erty of Florence McLean, incompe-
tent, Plaintiffs, Vs. John H. Maclay,
John J. Jobgen and Robert tiV. Clew-
ell, Executors of the Estate of
Charles NScLean, deceased and
Trustees under the Last Will and
Testament of Charles McLean, de-
ceased, City of Dubuque et al, De-
fendants, for the purpose of quiet-
ing title to Lot 2 of the Subdivision
of Lots 1 and 2 of the Subdivision
of Lot G of 7 of Mineral Lot 79 and
Lot A of Mineral L,ot 79, presented
and read. Councilman Wharton
moved to refer the Original Notice
of Suit to the City Solicitor. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas--Mayor Murphy, Council-
men Moffatt, Thampson, Van Duel-
man, Wharton.
Nays-None.
Ordinance No. 11-43. An Ordin-
ance repealing Ordinance No. 19-38
which amended Ordinance No. 9-35
relating to the issuance of Class
"B" and "C" Beer Permits provid-
ing for the regulation of classes
of Beer Permits aucl requirements
to obtain said permits, and by the
insertion and addition to said Or-
dinance No. 19-38 a limitation upon
the issuance of Class "B" Permits,
and by repealing aily Ordinance in
conflict herewith, said ordinance
having been passed upon first anti
second readings on September 17th
1943 and ordered placed on file with
the City Clerk for public inspec-
tion for at least one week before
its final adoption, presented and
read a third time.
Ordinance No. 11-43
,An Orclixiance repealing Ordin~
ante No. 19-35 which amended Or-
clinance No. 9-35, relating to the is-
suance of Class "B" and "C" Beer
Permits providing for the regula-
tion of classes of Beer Permits and
requirements to obtain said per-
mits, and by the insertion and ad-
dition to said Ordinance No. 19-38
a limitation upon the issuance of
Class "B" Permits and by repealing
any Orclinanee in conflict herewith.
Now Therefore,
Be It Orclainecl by the City Coun-
cil of the City of Dubuque:
Section 1, That Ordinance No.
19-35, with reference to the limita-
tion of Class "B" Permits, be, and
the same is hereby repealed.
Section 2. By acldiug to and in-
serting in said Ordinance No. 9-35,
following paragraph 493, the fol-
lowing:
"Paragraph 493x.-Limitation
of Class "B" Permits: Section 6.
That the number of Class "B"
Beer Permits to be issued upon
Application meeting the require-
ments of the City Ordinance
shall net be iu excess of 111."
In determining the number of
permits to be issued under the pro-
visions of this Ordinance, Class "B"
' +to'
`~
i
Special Session, September 24th, 1943 195
Permits issued to clubs and hotels
as contemplated shall be excluded
from the limitation as to the num-
ber, as in this Ordinance provided.
Section 3. That any and all Ordi-
nances or parts thereof in conflict
herewith be, and the same are here-
by repealed.
Section 4. This Ordinance shall
be in force and effect from and af-
ter its final passage, adoption and
approval by the City Council and
publication as by law provided.
Passed upon first and second
reading this 17th day of September,
1943.
Passed, adopted and approved up-
on final reading this 24th day of
September, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 27th
day of September, 1943.
J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the ordinance. 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 a statement
of receipts and also a list of claims
for which warrants were clrawu dur-
ing the month of August, 1943, pre-
sented and read. Councilman
Thompson moved that the proof
of publication be received and filed.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
September 24, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Geutle.men: At the session of the
Council held September 17, 1943, the
petition of Henry J. aucl Pearl Kaep
x•equesting the execution of a quit-
claim deed to them of the norther-
ly half of the portion of the vacated
alley immediately south of and ad-
joining Lot 43 in Julia L. Lang-
worthy's Addition was referred to
the City Manager and City Solicitor
for investigation and report.
We have investigated the case
and find the facts as presented in
k
`3
7
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the petition and recommend the
grauting~ of the requesi.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
J. J. KINTZINGER,
City Solicitor.
Councilman Thompson move d
Thai the recommendation of City
Manager Rhomberg' and City Soli-
citor hintzinger be approved. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Nturplxy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
€iesolution No. 10II-43
A RESOLUTION authorizing execu-
tion of Quit Claim Deed to the
northerly half of the portioxi of
vacated alley adjoining and abut-
ting on Lot 43 in Julia L. Lang-
tvorthy's Aclditiou in the City of
Dubuque, Iowa, pursuant to Ordi-
nance adopted on May 7, 1914.
Whereas, a request has been filed
with the City Council of the City of
Dubuque, Iowa, to execute a Ruit
Claim Deed to the northery half of
the portion of vacated alley adjoin-
ing and abutting on Lot 43 in Julia
Langtivorthy's Addition in the City
of Dubuque, Iowa, to Henry J. Kaep
and Pearl Kaep, hixsbancl and jvife,
as joint tenants and not as tenants
iu coxnman, pursuant to an Ordi-
nance adopted on May 7, 1914,
which reads as follows:
"Section 1, That the alley ex-
tending fi•om Nevada Street easter-
ly to a i~TOrth and South alley and
being between Langworthy Avenue
and Solon Street in Julia L. Laug-
worthy's Addition to the City of Du-
buque, Iowa, be and the same is
hereby vacated antl annulled and
the permanent use of the respective
portions thereof is hereby granted
to the owners and proprietors of
said lots as contemplated by sta-
tute in such cases."
Whereas, said Ordinance provides
thai it is io take effect on one pub-
lication in the daily Telegraph anti
Times-Journal, and
Whereas, such publication was
duly made on May 8, 1914; Now,
Therefore
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the City of Dubuque, Iowa, by
ii;s duly authorized officers, being its
Mayor and Clerk, execute a Quit
Claiux Deecl canveying the norther-
ly half of the portion of the vacated
a11ev adjoining and abutting on Lot
43 ixx 3ttlia Langworthy's Addition
in the City of Dubuque, Iowa, to
Henry J. Kaep aucl Pearl Kaep, hus-
band and wife, as joint tenants and
-_ - not as tenants in common, and de- men Moffatt, Thompson, Van Duel-
- fiver said deed to said record title man, Wharton.
o~vuers and clo any and all things Nays-None.
-_ necessary to give full force and J. J. SHEA
effect to the Ordinance adopted as ,
City Clerk.
`-_ above referred to.
< APProved ....................................1943.
- ,. ,:
Passed, adopted and approved
"' '
"^- -'.
this 24th day of September, 1943.
Adopted .....................................19.13.
Attest: J. J. SHEA,
City Clerk.
.;" (Seal) .....................................
,.- `.
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GEO. R. MURPHY,
Councilmen:
Mayor.
..,
F. W. THOMPSON,
`,;~ ~,i . FRANK VAAT DUEL-IAN, ....................................
"s''1.-.
W. W. MOFFATT,
~
~_ ALBERT VJHARTON, Attest : ................................................
City Clerk.
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Councilmen.
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~ CERTIFICATE.
%,
`" ~ ~~ I, J. J. Shea, Clerk of the City of
~,,,,:.;.~ _ ~ I Dubuque, Iowa, do hereby certify
;~;. ; ,_~ - ( that the foregoing, as shown by
~' ~
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~ Records in my office, is a true, cor-
'"" ~ ' '~;
~:: ~. ; - rect anti compared co
~°' ~'~ ~~-~ LUTION authorizing eaecutiou of
°` " ~': ; ' ;
°-v='-_ deed to the northerly half of the
_
_
portion of the vacated alley adjoin-
- ~_ ~
...-
s'py ing and abutting ou Lot 43 in Julia
'
I
' Langworthy's Addition in the City
~'
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r:_>.,y - - ~ ~
- ~ of Dubuque, Iowa,
pursuant to OR-
~:., DINANCE adopted by City of Du-
°~ _ buque, Iowa, ou I4Iay 7, 1914. That
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said resolution was passed, adopted
~
~.°' ' ~ and approved by the City Council
g$.'-.;`,
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~+ : , - of the City of Dubuque, Iowa, ou
%. ,.
~`~l`'`'° ` September 24, 1943.
~ ~ J. J. SHEA,
(` - Clerk, City of Dubuque, Iowa.
t">; '
l (Seal)
r m'''~Fs~ _ ' I
i Councilman Van Duelman moved
the adoption of the resolution. Sec-
-_ onded by Councilman Moffatt. Car-
~ ried by the following vote:
i~~p•: ~ Yeas-Mayor Murphy, Council-
`• ~ `
~„~~ men Moffatt, Thom son, Van Duel-
P
V" ~ man, Wharton.
,
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y Nays-None.
t.
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There being no further business,
--'_,w:: ~ 'p ' Councilman Thompson moved to
'~_-' "' ' adjourn. Seconded by Councilman
Moffatt. Carried by the following
._, x~ _ vote:
`~°'`_~
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_ 4', Yeas-Mayor Murphy, Council-
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