1943 October Council Proceedings~^ . ____
T' - -
Regul«r Session, Oct.~ber nth, 193 19?
w
~ i
~.
(Official.)
Regular Session, October 4th,
1943.
Council met at 7:30 P. M.
Present-Mayo Murphy, Council-
men ~iloffatt, Thompson, Van Duel-
rnan, ZVhartou, City Manager Rhom-
berg.
Mayor Murphy stated that this is
the regular monthly meeting of the
City Council for the purpose of act-
ing ttpan such business as may pro-
perly come before the meeting.
Notice of Claim of Harold Bartels
in the amount of $9.50 for damages
to his car caused in striking a faulty
curb at 307 East 22nc1 Street pre-
sented and read.
Councilman Van Duelmau moved
that the Notice of Claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Moffatt. Carried by the fol-
io~ving vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
mau, Wharton.
Nays-None.
Petition of the Senior High
Schocl regttastittg permission to
string a banner across Main Street
bete=een Sth a,nd 9th Streets, from
October 9th to November 7th, in-
clusive, presented and read.
Coutscihnan Thompson moved
that the request be granted. Sec-
onded by Councilman Van Duelmau.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men MotFatt, Thompson, Vau Duel-
mau, Wharton.
1`Tays-\TOne.
Petition of 1VIrs. Cora Eichhorn re-
questing' a refund in the amount of
$75.00 on her cigarette permit No.
25 as she has discontiuuecl business
on September 30th, 1943, presented
and read.
Councilman Van Duelmau moved
that the request be granted and the
City Auditor instructed to draw a
warrant in the antouut of $75.00 in
favor of Mrs. Cora Eichhorn to
cover the amount of refund granted
on the unexpired portimz of her
cigarette permit No. 25. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
tnan, Wharton.
~.Tays-None.
Petition of Joseph Burke request-
ing permission to complete the roof
and other items of repair on his
building adjacent to Lots 4, 5 and 6
of Cushing Addition and stating
that if said permit is granted that
he will sttbn?it an offer in the
amount of $80.00 for the purchase
of Lots 4, 5 and G of Cushing Addi-
tion, presented and read.
Councilman Van Duelmau moved
that the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
1\Tays-None.
Communication of Rev. Raymond
P. Duggan submitting resolution
adopted at a meeting of the Most
Reverend Francis J. Beckman,
Archbishop of Dubuque, and the
pastors of the Catholic churches,
stating that it is deemed advisable
at this time, for the welfare and
protection of our youth, that a City
Ordinance be adopted to keep young
una,ttendecl children off the city
streets at night, and that the ages
of the children to be restricted and
the specific time of restriction he
determined by the City Council,
presented and read.
Councilman Thompson move d
that the couununication be referred
to the Council for consideration at
a meeting to be held at 7:30 P. 1VI.
on 1~Ionday, October 11th, 1943, and
That all interested organizations anti
individuals are invited to attend
this meeting. Seconded by Council-
man Van Duehnan. Carried by the
following vote:
Yeas-Mayor Murphy, Comtcil-
men IVloffatt, Thompson, Van Duel-
mau, Wharton.
idays-\~one.
Dubuque, Iowa,
September 27th, 1943.
To the Honorable Mayor and
Menil~ers of the City Council,
City of Dubuque, Iowa.
Gentlemen: Iu accordance with
the provisions of Chapter 289 of the
Code of Iowa, 1939, the Civil Ser-
vice Commission conducted an en-
trance examination on September
27th, 1943, for those seeking posi-
tions as Ambulance Driver.
The following is a list of those
~aho passed the examination with
>-
~_'
1,„ -
1`' -
i
d'
1;~~~ _. a
1-
_ _ _, ,
~A ~ -
',.. _ pig i
~~ '
' "'. '~
l
~.g s..'- - j ,
_~a,.~s
^' ,. l
l>~~'.
~''
t''
g -;°, ,
19S Regular Session, October ~tl~, 1913
an average of seventy per teat or
better:
Name Average
Vincent A. Dueper ..................95A0%
Chester W. Hayes ........_........75.00°0
Respectfully submitted,
C. S. HARDER,
Chairman.
EDWIN F. STRUEBER,
Commissioners.
J. J. SHEA,
Clerk.
Subscribed and sworn to before
me this 27th clay of September,
19$3.
GERALDINE L. DEMKIER,
Notary Public
Councilman Van Duelman niovecl
that the report of the Civil Service
Conuuission be received and oracle
a matter of record. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-~/Iayor Murphy, Council-
mett Moffatt, Thompson, Van Duel-
man. Wharton.
Nays-ieTone.
September 2Sth, 1913.
Honorable 11layor anti City Council,
City of Dubuque, Iowa.
Gentlemen: In re: PETITION
OF MRS. DATZE A. MILLER for
Suspension of tales on: Lots 9 and
10, Johuston's Sub., asking that the
101`i tas be suspended because of
age and infirmity.
I reconunencl that the said Peti-
tion should be approved ley the City
Council of the City of Dubuque and
notificatpot; of such approval be
given to the Board of Supervisors
of Dubuque County, Iowa.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilntau Thompson move d
that the recouuneuclatiou of City
Solicitor I~intzinger be approved
and the Boarcl of Supervisors to be
notified of Council's action. Secosid-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Dual-
nran, Wharton.
Nays-None.
<,:.,
,r-~=
y='.~~~~
tw oi=
_.,.~
i
'.
~_-
.~
-~ `l
g. I;~
_.
~t _
~ ~ -
4
~r~, r . _
P:"~4
a,,t_;
°3r:
~.~-;:
~..::- „
~~~.:
=.4,;
September 29, 1943.
In re: Claim of Mrs. James Lane.
Honorable Mayor and City Council,
Dubuque, Iowa.
Gentlemen: RTrs. James Lane
claims that on Sunday, June 20th,
19=1>, she ran into a defect in front
of 1105 Grandview Avenue, which
resulted in a blow-out of one of her
li tires. I have investigated this claim
and tall.ed with her about it aucl
she has agreed to accept $3.00 in
full payment of her claim.
I recomntentl that a warrant be
issued payable to lter order in the
amount of .$5.00 anti delivered to
i~er tapon delivery to the City of a
properly executed release.
Yours truly,
JOHN J. IiINTZINGER,
City Solicitor.
Councilman Vau Duelman moved
that the recommendation of City
Solicitor Iiintzinger be approved
aatl the City Auditor instructed to
draw a vrarraut in the amotant of
$3.00 in favor of Prlrs. James Lane
as settlement in full of her claim
and that said warrant be delivered
upon receipt by the City of Dubuque
of a properly eiecuted release. Sec-
onded by Councilman Wharton.
Carried by the following vote:
i eas-ilIayor Murphy, Couucil-
tnen Moffatt, Thompson, Vau Duel-
man, tiVharton.
Nays-None.
October 4th, 1913.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: The termination of
the lease to the Dubuque Airways,
Inc., for the island airport and the
arrangement for a new lease with
H. 1V3. llcAntlretvs of the Ceclar Fly-
i~rg Ser',-ice make it desirable for
the C"itv ±e acquire title to the old
metal clad hangar and the machine
shop on the island airport and to
e`fec;t settlement foi' the rental o~v-
ittg to the City by the Dubuque Air-
tvays, Inc., for the temporary land-
ing field in the Table Blouncl Town-
ship.
iVIr. R. L, i~IcCaffree has agreed
that in cousicleration of the pay-
ment of the rental for the tempor-
ary landing field and the payment
of $.,000.00 by the City ail of the
property of Dubuque Airways. Inc.,
on the island airport wili be ti~atis-
t'erred to the City. I reconuuend
that settlement be made ott this
basis and that a warrant be orcler-
ecl ciratvn on the Airport Funcl in
favor of Dubuque Airways, Inc., in
the sum of $1,000.00.
Respectfully submitted,
A. A. RHONIDERG,
City l"Ianager.
Councilman Wharton moved that
the recommendation of City Man-
ager Rliotuberg be approved and
the City Auditor instructed to draw
a warrant in the amotult of $1,000.00
on the Airport Fund in favor of the
Dubuque Airways, Inc., as recom-
uteucled. Secoucled by Councilman
Can Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
iuan, Vr'harton.
I~Tays-None.
~.
'~
Regular Session, October 4th, 1943 199
Resolution No. 109-43
Be It Resoved 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 on behalf of said City.
Name Address
Herman Reinker aucl Nellie Reiu-
ker, 1555 Central Avenue.
Frank H. Berntgen, 2186 Central
Avenue.
Mrs. Josephine Nicks, 201 East
22nd Street.
Be It Further. Resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 4th day of October, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANF~ VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duehran moved
the adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the following' vote:
Yeas-iVTayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
tnan, Wharton.
Nays-Noce.
Resolution No. 110-43
Whereas, applications for Class
`B" Beer Permits have been sub-
mitted to this Council for approval
and the saute have been examined;
Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the follow-
ing applicators are granted and the
licenses are to be issued upon conx-
pliaxxce with the terms of the ordi-
nances of this City.
CLASS "B" PERMIT
Name Address
John A. Armstrong and Harriett
Armstrong, 398 Main Street.
Eugene P, iVlcCann, 802 Iowa
Street.
John M. Baumgartner and John J.
Baumgartner, 1543 Central Avenue.
John Grutz and Clara Grutz, 2991
Central Avenue.
CLASS `B" PERMIT FOR
PRIVATE CLUB.
Union League Club, 400 Iowa
Street.
Hawkeye Club of Dubuque, Iowa,
1382 Central Avenue.
Passed, adopted and approved
this 4th clay of October, 1943.
GEO. R. MURPHY,
11layor.
F. tiV. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT tiVHARTON,
Councihuen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton,
Nays-tlTOne.
Resolution No. 111-43
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 oc-
cupied by such applicants have been
inspected and fotard to comply with
the ordinances of this City and they
have filed a proper bond; Nov,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager be and he is herby directed to
issue to the following named ap-
plicants aBeer Permit:
CLASS "B" PERMIT
1Tame Address
John A. Armstrong and Harriett
Armstrong, 393 Main Street.
Eugene P. McCann, 802 Iowa
Street.
John M. Baumgartner and John J.
Iaumg'artuer, 1543 Central Avenue.
Jolts Grutz and Clara Grutz, 2991
Central Avenue.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Name Address
Union League Club, 400 Iowa
Street.
Hawkeye Club of Dubuque, Iowa,
1382 Central Avenue.
Be It Further Resolved that the
bonds filed by such applicants be
axtd the same are hereby approved.
Passed, adopted and approved
this 4th day of October, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAl!' DUELMAN,
tiV. ZV. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
.~ .°
:,: -
,:~ `
200 Re~uiar Session, October nth, 19-F3
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the follownig vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
1~Tays-None.
Application of the P.Y. Club for
a Class "B" Beer Permit for Pri-
vate Cittb, presented and read.
Councilman Moffatt moved that
the application be referred to the
Council for consideration and in-
vestigation. Seconded by Council-
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Mtarphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-I~TOne.
There being no further business
Cotncilman Van Duelman moved to
adjourn. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Mttrphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wharton.
Nays-Noce.
J. J. SHEA,
City Clerk.
Approved ................................... 1943
Adopted ..................................... 1943
Councilmen: { ......................................
Attest : ................................................
City Clerk.
__ ,
~gecial Sessi~:n, Octottcr 11th, 1~~-3 ?Cl'1
® _
- ~
i -!~ ~• ~~
(Official)
Special Session, October 11th.
1943.
Council met at 7:30 P. M.
Present-Mayor Mttrphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton, City Manager Rhoui-
berg.
Meeting called by order of Coun-
cilmen Van Dnelman and Thomp-
son.
Mayor Murphy read the call and
stated that service thereof had been
duly xxxade and that this meeting is
called far the purpose of consider-
ing and ciiscuasing the matter of a
Curfew Orciinauce and acting on
au3> other business as may properly
come k;efoz'e a regular meeting of
the City Council.
Communication of Rev. Raymond
P. Duggan submitting a resolution
aclopteci at a meeting of the Most
Reverend Francis J. Beckman,
Ax•cltbishop of Dubuque, and the
pastors of the Catholic churches,
stating that it is deemed advisable
at this time, for the welfare and
protection of our youth, that a City
Ordinace be adopted to keep young
uuattencled children off the city
streets at night and that the ages
of the children to be restricted and
the specific time of restriction be
determined by the City Council and
that such an ordinance to be effect-
ive should include proper sanctions,
presented and react.
Councilman Van Duelman moved
ghat the conununication be received
acct filed. Seconded by Councilman
Tlaoulpson. Carried by the follow-
ing vote:
Yeas-Mayor tlZurphp, Council-
men Moffatt, Thompson, Van Duel-
nta~n, Wharton.
Nays-None.
Communication of Chas. F.. Loi-
zeaux, M.D., presenting a protest to
the passage of a Curfew Ordinance
as proposed and submitting his
views on this matter, presented
and react.
Councilman Van Duelmau moved
that the conununication be received
acct filed. Seconded by Concilman
tiVharton. Carried by the following
vote:
Yeas-lZayor Murphy, Council-
men Moffatt, Thompson, Van Duei-
man, Wharton.
Nays-None.
Comxnnnicatiou of Paul V. How-
ard stating that he is not in favor
of the enactment of a Curfevr Law
in the City of Dubuque and sttb-
miiting his views on this matter,
presented acid read.
Councilman Vau Duelnxan moved
that the communication be received
anel filed. Secoucled by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men le'ioffatt, Thompson, Van Duel-
tnan, Wharton.
Nays-None.
Cotnmtuiication of Milton J.
Glean, District Judge, stating that
he doubts the wisdom of adopting
a Curfew Law in the City of Du-
buque and submitting his views on
this matter, presented and read.
Councilman Van Duelnxan moved
that the communication be received
and filed. Seconded by Councilman
Whartan. Carried by the following
vote:
Yeas-Mayor Il'durphy, Comicil-
txien Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Cotutcilmau Vau Dueiman moved
that the rules be suspended for the
purpose of allowing any one present
in the Council Chatrber, ~vho wishes
to cio so, to address the Council.
:;eccndeci by Cottncilmau Moffatt.
Carried by the following vote:
Yeas-Mayor iSIurphy, Council-
men Ari`offatt, Thompson, Van Duel-
mau, Wharton.
Nays-None.
Mayor Nlurphy stated that the
treating was no~v open for the dis-
cussion of the Curfew Ordinance.
Rev. Raymond P. Duggan ad-
clressecl the Council iu behalf of the
Catholic Social Center, Girl Scouts,
Y.~V.C.A., Y.NLC.A., the City Re-
creation Department and the Boys
Club and subuxitted for Council con-
Uideration the following four-point
program: 1. Strengthen the enforce-
utexit of local and state laws. 2.
Bring ordinances about minors up
to date. As a group we are not cer-
tain of ail the existing local or state
1•aws relating to minors. Therefore
eve recommend a careful study and
consideration of these old legisla-
tive treasures pertaining. to general
health and welfare of minors as
well as of those which deal with
contrilntting to delinquency of tuin-
ors. Theca having given time to
exaxniue thoroughly these facts
bring up to date that legislation by
modification or amendment as may
be deemed advisable at the time by
making provisiozZS for including x°e-
spousibility on the parents as well
as the children. 3. The social agen-
cies of Dubuque pledge themselves
__
. ~, ~
=x.
~_. i
_-
202 Special Session, October 11th, 1~,3
to tiie fullest co-operation with the
C'iiy Council in promoting a pro-
~ri..n -shich will be of the greatest
help iii meeting the needs and de-
aiyes of youth and directing their
recreation in wholesome play. This
v,-culd mean au adoption to or es-
pandang of our present pt'ogram to
fuliz.- meet this need. 4. V~'e ask the
City Council to work with us iu ad-
vaneittg out' efforts to reach and
interest "teen age" youth. Rev.
Thomas J. Megahey, President of
the Dubuque -Iiuisteyial Associa-
tion, acldyessect the Cotuicil and pre-
sented the following' recommenda-
tions in behalf of the ministerial
group: 1. That the Cit> Council call
upon the schools, churches, social
agencies and iaw enfot'cement bo-
dies of the city aucl county of Du-
buque, to co-operate in Dromoting a
program of moral suasion, whereby
young people are encouraged to es-
tablish aself-ituposecl curfe~,v as au
act of patriotism, in order to pre-
serve the health and the mental
anal moral fitness of young people
in a time of national emergency,
that youth be encouraged through
the prol>et' use of their time, to se-
cure adequate hours of sleep, and
to apply themselves to creative ac-
tivities in order to serve a dual pur-
pose of, fist, offsetting the possi-
bility of a war time epidemic ancl,
second, adequately prepaying them-
selves to serve well their country
in times of peace as well as wai'.
2. That the City Council of Dubuque
call upon the Chief of Police of the
Git,~ of Dubttque to rigidly enforce
the laiv concerning the sale of
drinks to minors in the clubs and
taverns; and that, as an emergency
measure, a 10 o'clock curfew be
imposed upon clubs and taverns for
ilte duyatiott. 3. That the City
Council of Dubuque call upon the
City Attorney anti Juvenile Court
to retake effective Statute No. 365S
of the Code of the State of Iowa,
and to interpret it according to the
precedent established by the ju-
venile judge of Clinton, Iowa,
ivltereby parents, tavern keepers
and proprietors of clubs permitted
to sell beer, wines and liquors, who
perauit or encourage minors to he
on the streets of Dubuque after 10
o'clock at night, unescorted by par-
ents, guardians, or approved adults,
aye judged to be contributors to ju-
venile cleliuquency aucl therefore
liable to the fines and imprison-
ments imposed by the above men-
t;oned statu±e. After a lengthy clis-
cussion participated in by the re-
presentative leaders in youth work,
interested persons in the Cottnoil
Chamber, and the testimony of
three high school boys, Mayor Mur-
l;hy stated that all thought of a
Cuyfe«- Ordinance aintecl at control
of the night activities of the yottng-
Nteys of Dubuque vas abanclonecl by
a unanimous decision of the City
Councii, bttt that Council ~jrottld cc-
opet'ate in every possible way with
the welfare agencies in fin ding a
satisfactory solution of the youth
problem aucl that Council support
would be given to the several
t'ecanunendatfons and program sub-
mittecl.
Coutntuuicatiou of the Upper
Mississippi 5~'atet'way Association
c~:tencling invitation to atteucl the
;neeting of the Mississippi Valley
Association io be held in St. Louis,
11Io., ou October 1Sth and 19th, 1943,
presented and t'ead.
Counciiulau Van Duelman moved
that the coutxnunicatiou be referred
to the City Council for considera-
tion. Seconded by Councilman Mof-
fatt. Carried by the following vote:
Feas-itIayor Mut'phy, Council-
men lIoffatt, Thompson, Vau Duel-
man, ZZ'harton.
Nays-i` ene.
Communication of Charles J. Ab-
raham, Clerk iu Water Department,
advising that he has been inducted
into the armed forces of the United
Mates under the Selective Service
Act and re~.Iuesiing a leave of ab-
sence as Proviclecl by Resolution No.
14-?1, presented and react.
Councilman Van Duelman moved
that the request be granted and
made a matter of record. Secoucled
by Councilman Moffatt. Cayriecl by
the following vote:
Fear-it'iayor itilurphy, Council
then -Ioffatt. Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Mary P. Brandt, re-
ferred to the Gity Cottnoil by the
Board of Supervisors, requesting a
suspension of the 1942 tas on the
South ?z of Lot 162 of East Dubttque
Addition, presented and read.
Councilman Thompson move d
that the petition be referred to the
City Solicitor for investig'atian and
report. Seconclecl by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Feas-idayor 1Iurphy, Council-
men NToffatt, Thompson, Van Duel-
man, Wharton.
Nays-Done.
Petition of Della C. Thul, referred
to the City Council by the Board of
Supervisors, requesting cancella-
tion of the 1940, 1941 and 1912 tas-
---- I
I
Special Session, Octobex• ll.th, 1943 20.E
es on the South 2 feet 6 inches of
Lot 2 and all of Lot 3 of I~lein-
schmidt's Subdivision, presented
and read.
Councilman Thompson move d
that the petition be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
October 8th, 1943.
In re: Claim of Harold Bartels.
Honorable Alayor and City Council,
City of Dubuque, Iowa.
Gentlemen: This is a claim for
damage to tire and tube because of
a faulty curbstone on East 22nd
Street between 307 aucl 313 East
22nc1 Street. I went to the scene of
the accident and from my observa-
tion there is no defect sufficient to
cause liability on the part of the
City and I recommend that this
claim be denied.
Yours truly,
JOHN J. IiINTZINGER,
City Solicitor.
Councilman Thompson move d
that the reconunenclation of City
Solicitor I~intzinger be approved.
Seconclecl by Councilman Van Duel-
man. Garried by the following
vote:
Yeas-Alayor :Murphy, Council-
men Moffatt, Thompson, Van Duel®
man, Wharton.
Nays-Noce.
October 8th, 1943.
Iu x•e: Action of Josephine Spon-
heimer vs. City of Dubuque.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: With reference to
the action now pending' in the Dis-
trict Court of Dubuque County,
Iowa, entitled Josephine Spon-
heimer, Plaintiff, vs. City of Du-
buque, Iowa, Defendant, claiming
damages in file amount of $7,500.00
for iujnries received oil or about
January 2B, 1943, when plaintiff
tripped, slipped and fell on and
against a ridge of ice negligently
made and erected by the defendant,
located on the crosswalk on the
east intersection on 9th a,nd Main
Street in the City of Dubuque, re-
sulting in serious aucl permanent
injuries to claimant, wherein she
claims that she received a fracture
to her right wrist and arxu which
are permanent, and because of such
injuries she incurred medical care
and treatment, nursing, x-rays and
other necessaries. I have investi-
gated this case and am of the opin-
ion that there is a case against the
City, the obstruction being caused
by the negligence of the City in
removiug~ packed ice and snow for
a distance of approximately four or
five feet from the southerly curb
of Nest 9th Street where Main
Sheet crosses `Vest 9th Street and
am satisfied that plaintiff sustained
serious injuries. After such inves-
tigation and consultation with At-
torneys Duffy and Czizek, they have
agreed to settle this case for
$1,500.00. I recommend that a war-
rant for $1,500.00 be issued payable
to John L, Duffy and Czizek and
Czizek, Attarneys for Josephine
Sponheimer, and that the same be
delivered upon delivery to the City
of Dubuque oY a Release properly
executed by the Plaintiff.
Yours truly,
JOHN J. I~INTZINGER,
City Solicitor.
Councilman Thompson nx o v e cl
that the recommendation of City
Solicitor I~intziuger be approved
and the City Auditor to be iustruct-
ecl to clraty a warrant in the amount
of $1,500.00 in favor of John I..
Duffy and Czizek and Czizek, At-
torneys for Jcsephine Sponheimer,
as settlement in full of the claim
and suit of Josephine Sponheimer
and that said warrant be cleliverecl
upon receipt by the City of Du-
buque of a properly executed re-
lease by the Plaintiff. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-11'Iayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
October 11th, 1943.
To the Honorable Mayon aucl
City Council, Dubuque, Iowa.
Gentlemen: At the session of the
Council held October 4, 1943, the
petition of Joseph Burke requesting
permission to complete the roof and
other items of repair of his building
located on Lots 2 of 1 and 2 of 2
of Cushing's Sub, was referred to
the Council to view the grounds.
The Council viewed the premises
on October 10th and decided to re-
fer the matter to the Board of Ad-
justment. I recommend that the ac-
tion of the Council be confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Couucilmaai Wharton moved that
the recommendation of City Man-
ager Rhoxuberg be approved and the
decision of the Council confirmed.
Seconded by :,'ouneilnxan Van Duel-
man. Carried by the following vote:
Yeas-.ilayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man. Wharton.
Nays-None.
--~
20-} Special Session, Qctober 11th, 19-13
October 11th, 19-13.
To the Honorable i\Iayor and
City Council, Dubuque, Iowa.
Gentlemen: r;t the session of the
Council held September 17. 1913,
the communication of County Ancl-
itor Daykin advising that the Board
of Supervisors iiad accepted offers
for various tax sale Properties was
referred to the Council to view the
grounds.
On October 10th the Council
viewed the premises and clecidecl
that the offer of $50.00 for Lots 100
and 10 7 of Burden and Lawther's
Addition and the offer of $40.60 for
Lot 129 of tiVoodlawn Park Addition
were too low and should be reject-
ed. I recommend that the decisions
of the Cotuicil he confirmed.
Respectfully submitted,
A. A. RHOMBERG, i
City Manager. ',
Councilman Thompson rat o v e cl
that the recommendation of City
3lanager Rhomberg be approved
and the decisions oY the Council
confirmed. Seconded by Council-
man Moffatt. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
ntan, iVharton.
Nays-None.
October 9th, 1943.
To the Honorable -Iayor and
City Council, Dubuque, Iowa.
Gentlemen: I herewith submit
the reports of the City Auditor, City
Treasurer, City Health Department
and City Water Works, also the list
of ciainis and payrolls for which
warrants were drawn during the
month of September, 1943.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the reports be received and
placed on file. Seconded by Coun-
cilman Moffatt. Carried by the Yol-
lowiug vote:
Yeas-Alayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
resolution No. 112-43
Whereas, Lots 1, 2, 3, 11, 12 and
13, Ding's Grove Addition to 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 delinquent taxes and
unpaid taxes for the years 1930 to
1934, inclusive, and
Whereas, The said D u b u q u e
County, Iowa, desires to sell the
above described real estate to How-
ard FV. Hintz for $55.00, and
Zi'hereas, The sale of said prop-
erty by Dubuque County, Iowa, to
Howard W. Hintz for a sum less
than the total amount stated iu the
tax certificate including all endorse-
ments of subsequent general taxes,
interests and costs requires the
vn•itten approval of a majority of
all tax-levying and tax-certifying
bodies having any interest in said
general taxes; Now, Therefore,
Ee It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the sale of said property to
Howard W. Hintz for the sum of
$55.00 in cash be and the same is
hereby authorized aucl approved.
Passed, adopted and approved
this 11th day of October, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANF~ VAN DUELMAN,
W. W. 1\ZOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Vau Duelman moved
the adoption .of th'a resolution.
Seconded by Councilman 1VIoffatt.
Carried 13y the following vote:
Yeas-1\Iayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
nian, Wharton.
Nays-None.
resolution Rfo. 113-43
Whereas, Lots 11 and 12, Marsh's
:idclition to the City of Dubuque,
Dtabuque County, Iowa, ~vei•e sold on
January 4, 1937, to Dubuque Coun-
ty, Iowa, by the County Treasurer
of Dubuque County, Iowa, for de-
linquent taxes and unpaid taxes for
the years 1933, 1934 and 1935, and
Whereas, The said Dubuque
County, Iowa, desires to sell the
above described real estate to Arch
Tinkham for $35.00, and
Whereas, The sale of said prop-
erty by Dubuque County, Iowa, to
Arch Tinkham for a sum less than
the total amount stated in the Tax
Oertificate 'including 'all endorse-
ments of subsequent taxes, interests
and costs requires the written ap-
proval of a majority of all tax-
levyiug and tax-certifying bodies
having any interest in said general
taxes; Now, Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the sale of said property to
Arch Tinkham for the sutra of $35.00
in cash be and the same is hereby
authorized and approved.
T
Special Sessic_,n, C?ctober 11th, 1943 20~
Passed, adopted and approved
this 11th day of October, 1943.
GEO. R. DTURPHY,
Mayor.
F. W. THOMPSON.
FRANFi VAN DUELMAN,
Zip. SV. NIOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerlc.
Couiiciiman Vau Duehnan moved
the adoption of the resolution. Sec-
onded by Coutcilman Wharton.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
ntan, Wharton.
Nays-None.
E~esolution No. 114-43
Whereas, Lots 625, 626, G27, 015,
Fi29, 622, 623, 624, 625 and 620, East
Dubuque Addititon to the City of
Dubuque, Dubuque County, Iowa,
were sold on February 3, 2936, to
Dubuque County, Iowa, by the Coun-
iy Treasurer of Dubuque County,
Iowa, for delinquent tales and tm-
paid taws for the years 1932, 1933
and 1934, and Lots 620 amd 621, East
Dubuque Addition to the City of Du-
buque, Dubuque County, Iowa, were
sold on February 3, 1936, to Du-
buque County, Io`va, by the County
Treasurer of Dubuque County,
Iowa, for delinquent tares and un-
paid tales for the years 1924 to
2934, inclusive, and,
Whereas, The said D u b u q u e
Cotutty, Iowa, desires to sell the
above described real estate to the
City of Dubuque as represented by
the Board of Dock Commissioners
ibr $120.00, and
Whereas, The sale of said prop '~
erty by Dubuque County, Iowa, to
the City of Dubuque as represented
by the Boarcl of Dock Commission-
ers fora sum less than the total
amount stated in the Tac Certificate
iucluding• all endorsements of sub-
sequent general tales, interests and
costs requires the written approval
of a majority of all ta,z-levying and
tax-certifying bodies having any
interest in said general tales; Now,
Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the sale of said property to the
City of Dubuque as represented by
the Board of Dock Commissioners
for the sum of $120.00 iu cash be
and the same is hereby authorized
and approved.
Passed, adopted and approved
this 12th clay of October, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
`~~. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec-
onclect by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
There being no further business,
Councilman Van Duehnan moved to
adjourn. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wharton.
Nays-Notre.
J. J. SHEA,
City Clei'k.
Attest : ................................................
City Clerk.