Loading...
1943 November Council ProceedingsR~~ular ;~c•ssiun, ATuveml~cr ist, 1~-~.i l ~`. • ' ~~ (Official.) Regular Session, November 1st, 1943. Council met at 7:30 P, lI. Present-Mayor Murphy, Coun- cilmen ll2offatt, Thompson, Van Duelman, Wharton, City Manager Rhomberg~. Mayor Murphy stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as may properly come before the meeting. Communication of the National Institute of Municipal Law Officers extending invitation to have the City Solicitor participate in the War and Post-War Conference of the National Institute to be held in Chicago, Illinois, on December 1, 2, and 3, 1943, presented and read. Councilman Wharton moved that City Solicitor Kintzing'er be author- ized to attend the conference, the expenses to be borne by the City of Dubuque. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Conununication of the Jefferson Junior High School American Citi- zenship classes submitting reasons for the failure of the Dubuque Cur- few Law and suggestions for Youth Organizations, presented and read. Councilman Thompson moved that the communication be receiv- ed and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of Frederick M. Voels, Police Officer, advising that he has been inducted into the Mili- tary Service of the United States of America under the Selective Ser- vice Draft and requesting a leave of absence as provided for by Reso- lution No. 14-41, presented and read. Councilman Van Duelman moved that the request be granted and made a matter of record. Secmided by Councilman Moffatt. Carried by the following vote: Yeas-11layor Murphy, Council- men DIoffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Shiloh Circle No. 37 Ladies of the G. A. R. requesting permission for the holding of a tag clay on Saturday, November G, 1943, presented and read. Councilman Van Duelman moved that the re- quest be granted. Seconclecl by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of A. Y. McDoualcl Mfg. Co. requesting' permission to con- struct aconcrete loading platform on the north end of their tivarehouse which is situated between Twelfth and Thirteenth Streets just east of the tracks, presented and read. Councilman Vau Duelman moved that the petition be referred to the Couxx~c~il to view the grounds. Sec- ondecl by Councilman Wharton. Carried by the following• vote: Yeas-Mayor Murphy, Comicil- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of E. E. Frith Co. Inc., requesting the vacation of the south one-half of East 18th. Street from Sycamore Street to Lynn Street and also the westerly one-half of Lynn Lynn Street from 17th. Street to 18th. Street and also the alley run- ning thru the block between Lynn Street and Sycamore Street from East 17th Street to East 18th Street, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Moffatt. Cax•- ried by the following vote: Yeas-iViayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-;\?oue. Council Proceedings for the months of July, 1943 and August, 1943 presented for approval. Coun- cilman Van Duelman moved that the Council Proceedings for the months of July, 1943 and August, 1943 be approved as printed. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of September, 1943„ pre- sented and read. I ----- ._ .._ 2Ut< F:erular Scssicnt, Nc,~~ember 1st, 19.3 Councilman Van Duehnau moved that tiie proof of publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the following vote: Teas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays--None. October 23, 1943. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a nteetiug of the Boarcl of Ad- justment held October 22, 1943, the petition of Joseph Burke, referred to the Board of Adjustment by the City Council, was considered. The Boarcl of Adjustment recont- mencls to the City Council that the petition of Joseph Burke be denied on the grounds that it would be in violation of the Zoning Ordinance to establish a storage building iu a two family residence district. Respectfully submitted, Louis Stoffregen, Chairman, Boarcl of Adjustment. Councilman Van Duelman moved that the reconunenclation of the Boarcl of Adjustment be approved. Secoucled by Councilntau Moffatt. Carried by the following vote: Teas-Mayor Murphy, Council- men -Ioffatt, Thompson, Van Duel- man, ZVharton. Nays-None. October 14, 1943. Honorable RIayor and City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Della C. Thul for cancellation of tales on: Kleinschmiclts Sub. S. 2 ft. 6 inches, Lot 2 and all of Lot 3, asl.ing that the 1940, 1941 aucl 1942 tales be cancelled because of in- firmity. I recommend that the cancella- tion of said taxes be denied, but that the Petition be approved if the applicant desires suspension of taxes. in re: Petition of Mary F. Brandt for suspension of taxes on: S. 1/z of Lot 162 East Dubuque Adclitiou, askiu; that the 1942 tax be sus- peuclecl because of infirmity. I recommend that said Petition should be approved by the City Council of the City of Dubuque and that notification of the recont- ntendation of the Petitions of Della C. Thul and Mary F. Brandt be given to the Boarcl of Supervisors of Duburlue County, Iowa. Respectfully submitted, 30HN J. I~INTZINGER, City Solicitor. Councilman Wharton moved that the recommeuclations of City So- licitor I~iutzinger be approved and the Board of Supervisors to be noti- fied of Council action. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Murphy, Council- men 1lIoffatt, Thompson, Vau Duel- man, Wharton. N ays--None. October 27, 1943. Honorable l~Ia.yor and City Council, City of Dubuque, Iowa. In re: Claim of 14Irs. A. E. Hind- man. Gentlemen: I have investigated this matter and find that on or about Jnly 2, 1943, NI1•s. A, E. Hi~d- man ran into a manhole which ex- tencleci about ten inches above the surface of Sheridan Street and sus- tained damages to her car iu the amount of X13.40 and I am of the opinion that there is a liability on behalf of the City and reconunencl chat said claim be paid and that a warrant be issued payable to llr. Hal Reynolds, Attorney for Mrs. A. E. Hindman and delivered open delivery to the City of a proper release. Yours truly, JOHN J. I~INTZII~TGER, City Solicitm•. Councilman '1 hompson move d that the recommendation of City Solicitor I~intziuger be approved anti the City Auditor instructed to draw a warrant iu the amount of X13.40 iu favor of Hal Reynolds, At- torney for Mrs. A. E. Hindman, as settlement in full of the claim and that said warrant be delivered upon receipt by the City of Dubuque of a proper release. Seconclecl by Councilman Wharton. Carried by the following vole: Veal-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- mau, Wharton. Nays-None. Resolution No. 115-43 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 clirectod to issue such permit ou behalf of said City. Name. Address. John Apel, 1176 Iowa Street. Be It Further Resolved that the bond filed with the application be approved. Regular Session, Vovember 1st, 19=~~ 209 Passed, adopted and approved this 1st day of November, 1943. GEO. R. iVIURPHY, Mayor. F. ~V. THOMPSON, FRANK VAN DUELMA.N, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Council- men 1l/offatt, Thompson, Vau Duel- man, T~rharton. Nays-None. Resolution No. 116-43 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications are grautecl and the licenses are to be issued upon compliance with the terms of the orcliuances of this City. CLASS "B" PER-TIT Name. Address. Jos. L. Stack and Edith H. Stack, 435 Gentr•al Avenue. R4rs. Rosemary Aircl, 2220 Uni- versity Avenue. Gus Heulzel anti Bernice Henlzel, 1046 Central Avenue. Joseph Nlachinek, 3165 Central Aveun e. Ray Nicks, 521 East 22nd Street. Spencer P. Wright anti Cath- erine P, Wright, 332 Eighth Ave- nue. Wm. Barrington and Glen Miller, 250 Nest First Street. CLASS "P," PERMIT FOR PRIVATE CLUB North End Choral Club, 2774- 2770 Jackson Street. The Victory Club, 9511/2 Main Street. Passed, adopted and approved this 1st day of November, 1943. GEO. R. MURPHY, Mayor. F. ~V. THO-1PS0N, FRANIL VAN DUELMAN, W. W. MOFFATT, ALBERT WHARTON; Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seeonclecl by Councilman Thomp- son. Carried by the following vote: Yeas-T~Zayor Murphy, Council- men Moffatt, Thompson, Van Duel- mar., Wharton. Nays-None. Resolution No. 117-43 Whereas, heretofore applications were filed by the within Warned ap- plicants for Class "B" Beer Per- mits and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply 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 1~Tame. Aclclress. Jos. L. Stack and Edith H. Stack, 435 Central Avenue. NIrs. Rosemary Hircl, 2220 Uni- versity Avenue. Gus Henlzel anti Bernice Henkel, 1046 Central Avenue. Joseph -~Iachinek, 3165 Central Avenue. Ray Niclzs, 521 Fast 22nd Street. Spencer P. Wright and Catherine P. Wright, 332 Eighth Avenue. Win. Barrington and Glen Miller, 250 West First Street. CLASS "B" PERMIT FOR PRIVATE CLUB North End Choral Club, 2774- 2776 Jackson Street. The Victory Club, 9511/2 Main Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted anti approved this 1st day of November, 1943. GEO. R. MUP~PHY, Mayor. F, tiV. THONTPSON, FRANK VAN DUELMAI~T, «T. tiV. NIOFFATT, ALBERT WHARTOI~T, Councilmen. Attest: J. J. SHEA, City Cleriz. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. 210 Rc~ular Sessi~nl, ~'uvember 1st, 193 There beiu~ uo further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Thompson. Carried by the fol- lo;viug vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, u'harton. ays-Nmie. J. J. SHEA, City Clerk. Approved ..................................1944. Adopted ....................................1944. ';v :~ Sl.~~rial ,;~ss;nrt, Aovemher 3~~th, L`)-~,~ ?ll ~ n- ~ ~~I ~ ` (Official.) Special Session, November 30th, 1943. Council tnet at 7:30 P. M. Present-Mayor l/urphy, Coun- cilmen 1',Ioffatt, Thompson, Van Duelman, Wharton, City 11lanager Rhontberg'. 1Vleeting called by order of Coun- cilmen Van Duelman and Moffatt. Mayor Murphy read the mall and stated that service thereof had been duly oracle and that this meeting is called for the purpose of consider- ing aresolution for acquiring lands for Airport purposes and acting on any other business as may properly come before a regular meeting' of the City Council. November 23, 1943. City Manager, Mayor and Members of City Council, Dubuque, Iowa. Gentlemen: The members of Local No. 353, Dubuque Fire Fight- ers Association, at their last month- ly meeting voted to prdsent you with the following petitiml for your approval: Whereas, all probationary fire- men entered the service of the Du- buque Fire Department with the in- tention of making fire fighting their career, we, as fellow employees, feel that all such employees, after serving three mouths of their proba- tion and tvho are then called into the service, deserve to be placed ou a preferred eligible list, for future reappointment. Therefore, Be It Resolved, Thai all probationary firemen who have served three months on the depart- ment and who are called into the service, shall, upon the completion of their moot training, be placed ou a preferred eligible list foi• future reappointment to the Fire Depart- ment. Respectfully submitted, DUBUC~UE FIRE FIGHTERS ASSOCIATION, LOCAL NO. 353. Eldon Strohmeyer, Secretary. Councilman Wharton moved that the communication be made a mat- ter of record. Seconded by Council- man Moffatt. Carried by the follow- ing vote ; Yeas-Mayor Murphy, Cou~cil- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Councilman Wharton moved that inasmuch that the request of the Dubuque Fire Fighters Association meets with the approval of the City Council, but because of our lack of authority in not being able to com- pIp ~i-ith the request on account of the State La~v, we reconunend that at, the proper time the then acting City Council comply with the re- quest and farther that this recom- mendation apply to the Police De- partment as well. Seconded by Councilman Moffatt. Carried by the following Tote: Peas-lIayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. iVays-None. Corumunication of Russell S. Ful- larton, Police Officer, advising Council that the has been inducted into the military service of the United States of America under the Selective Service Draft anct request- ing that he be granted a leave of absence as provided for by Resolu- tion No. 14-41, presented and read. Councilman Thompson move d that the request be granted and oracle a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor 1Vhu•phy, Council- men 1VIoffatt, Thompson, Van Duel- man, Wharton. Nays-None. Cennnunication of John Donahue, Police Officer, advising Council that he has been inducted into the mili- tary service of the United States of America under the Selective Ser- vice Draft and requesting that he be grautecl a leave of absence as provided for by Resolution No. 14- 41, presented and read. Councilman -Ioffatt moved that the request be granted and made a matter of record. Seconded by Councilman Van Duelman. Carried by the following vote: 1 eas-Mayor 1\Im•phy, Council- men 1Vloffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of Edward Ger- hard, City Fireman, advising Coun- cil that. he has been inducted into the military service of the United States of America antler the Selec- tive Service Draft and requesting that he be granted a leave of ab- sence as Drovided for by Resolution \'o. 14-41, presented and read. Councilman Van Duelman moved that the request be granted and oracle a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Cou~cil- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. i ?1? S.~>ecial Session, Novemller 30th, 1913 Petition of the Dubuque Tuber- culosis Association in coujuuctiorr with the j'isiting' Nurse Association requesting permission for the hold- ing of a street sale of bangles on Saturday, December 11th, 1943, pre- sented and read. Councilman Van Duelman moved that the request be granted. Sec- encled by Councilman Thompson. Cal•ried by the following vote: Teas-IVIayor i\iurphy, Council- men Moffatt, Thompson, Vau Duel- man, Wharton. Nays-None. Petition of A. M, heppler re- questing the nlarlting off of the curbing orr Loss Boulevard near the entrance of iVlontrose Terrace to prohibit the parking of cars on Loras Boulevard too close to the entrance of NTontrose Terrace in order that accidents may be pre- vented, presented and read. Councilnlau Van Dttelman moved that the petition be referred to the City Manager. Seconded by Couu- cilinan 1Vloffatt. Carried by the fol- lowing vote: Teas-Mayor Murphy, Council- men lioffatt, Thompson, Vau Duel- man, jVharton. Nat's-None. Petition of the Stampfer Building Company requesting permission for th econstruction of a proposed new courpl'essar room in connection jvith their resttu'ant in the basement store in accordance with the attach- ed plat, presented and read. Councilman tTan Duelman moved that the petition be referred to the City Cotulcil to view the grounds. Seconded by Concilman Thompson. Carried by the following vote: Teas-i\'Ia vor Mtu'phy, Council- men Moffatt, Thompson, Van Duel- man. Nays-Ncne. Petition of 1Jnuua NTosbauer, re- ferred to the City Cotulcil by the voarcl of Supervisors, requesting suspellsiou of the 1912 tax on Lots 24. autl 245, Davis 1~'arm Addition, presentecl and read. Ccunci?than Van Duelnan moved that the petition be referr'ecl to the City Solicitor for investigation and report. Secoucleri by Councilman Wharton. Carried by the following vote: Teas-Mayor Murphy, Council- nleu 11Ioitatt, Thompson. Van Duel- man, tit%harton. Nays-None. Communication of tiVilliam 11I. Clemens teluloring his resignations as a member of the Park Boarcl, presented and read. Ccunciixnau iVilarton moved that the resignation of William M. Cle- ens as a member of the Park Board be accepted with regrets and that a vote of thanks be extended to Wil- liam lI. Clemens for the years of service rendered by him as a mem- ber of the Parlc Board. Seconded by Councilman BToffatt. Carried by the following vote: Teas--ll2ayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, «Tharton. Nays-None. Councilman Van Duelman moved that the rules be susuenclecl for the purpose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Council. Seeonclecl by Couneihmau Thomp- son. Cal•ried by the following' vote: Teas-Mayor Murphy, Council- men ",Ioffatt, Thonrpsou, Van Duel- man, Wharton. Nays-None. -Tr. TtIark Gavin, President of the Trades and Labor Congress, and llr. Elroy Gx•ashorn, Secretary of the Trades and Labor Congress, acl- clressed the Council subinittiug the Hanle of Arthur 112. Bennett and sug- gesting that he be appoiutecl as a nlenrber of the Park Board to fill the vacancy caused by the resigna- tion of William NI. Clemens. Couuncilman Van Duelman moved that Arthur NI. Bennett be appoint- ed as a member of the Parr Boarcl to till the vacancy caused by the resignation of ~ViTliam NI. Clemens. Seeonclecl by Couueilnran j~~harton. Carried by the following vote: Teas-.Mayor Murphy, Conncil- mexl i\~Toffatt, '['hontpsou, ~r'an Duel- man ~i harton. Nays--None. Councilman ~~Tharton moved that Thomas -4. Stampfer be reappoiut- ecl as a meulber of the Dock Conr- iniesicn fora term of three year's, slid term expiring November 26th, 1946. Seconriecl by Councilnlau Mof- fatt. Carr'iecl by the following vote: 1 eas-1\'Iayor Murphy, Couucil- meu Moffatt, Tholnpsou, ~'an Duel- man, Wharton. Nays-None. Proof of pttblicatiou, certified to by tine publishers, of a statement of receipts and also a list of claims for tivhich warrants were clrajvu clttriug the month of October, 1915, preselltec'~ anti read. Councilman Van Duelman nrovecl that the proof of pttblicatiou be re- ceived antl filed. Seconriecl by Councilman Thompson. Carried by the following vote: 'eas-1lIayor Murphy, Council- men Moffatt, Thompson, Van Duel- llrall, Whal't 011. i~rai•s-iVoue. special Scssi~u~, November 30th, 1143 21; Dubuque, Iowa, November 8th, 1943. To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Geutlenten: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Civil Ser- vice Commission conducted a pro- motional examination for appoint- ment to the position of Head School Nurse in the Department of Health. The following list shows the names of those who passed the exami~a- tion with an average of 70% or bet- ter. This examination was held October 14th, 1943. Name. Average. \Taotni Lorenz ......_ .................93.00% Harriet L. Hilton ....................92.00% Respectfully submitted, C. S. HARIiER, Chairman. DR. JON. B, HURRAY, EDtiVIN F. STRUEBER, Connnissioners. Attest.: J. J. SHEA, Clerk. State of Iov,-a c~ n Ceunt,,T of Dubuque ) "'~. Subscribed and sworn to befm'e me a Notary Puhlie in and for Du- buque County, State of Iowa, this Sth day of November, 1943. GERALDINE L. DEMI~IER, Notary Public. Councilman Van Duelma~u moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men 1\Zoftatt, Thompson, Van Duel- man, TVharton. t~?ays-\rone. November 10th, 1943. To the Honorable Mayor and City Council, Dubuque, Iowa. Uentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Depart- ment antl City Water Works, also the list of claims and payrolls for which warrants were drawn during the month of October, 1943. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed ou frie. Secoucled by Coan- cibmau Moffatt. Carried by the fol- lowing vote: Yeas-itlayor Murphy, Council- men 1\Ioffatt, Thompson, Van Duel- man, Wharton. Naps-Noce. November 30, 1943. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A;t the session of the City Couueil held ou November 1, 1943, the petition of the A. Y. McDonald -Ifg. Company requesting permission to erect a loading plat- form on East 13th Street estencling into the street for a width of 8 feet and for a distance of 44 feet in length easterly from the east line of Pine Street was referred to the City Council to view the grounds. The Couucil vie~vecl the grounds on I~TOVeutber 7th, aucl cleeided to grant the request. I recommend that the decision of the Council be confirmed and that. permission be granted by the passage of a reso- httion containing the necessary provisions. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recontmendatiou of City Man- ager Rhomberg' be approved and the decision of the City Council con- firmed. Seconded by' Councilman Van Duelman. Carried by the fol- lowing vote: Peas-Mayor 1VIurphy, Couucil- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. l~eso,t~tion Rlo. 11a~-43 \Vhereas, A. Y. McDonald Mfg. Co. has filed ~t~ith the City Council a request foi~ permission to con- struct a concrete loading platform on the north encl of its warehouse wi:ich is situated between Twelfth and Thirteenth Street just east of the railroad tracks, aucl TVhereas, said petition was t'e- ferred to'the City Couneil to review the grounds, anti, Whereas, the City Council has viewed the grounds and is of the opinion that said request should be granted. Now, Therefore, Be It Resolved by the City Coun- cil oY the City of Dubuque: Section 1. That A. Y. McDonald Mfg'. Co., its successors and as- signs, be, and it is hereby granted the right and authority to construct a concrete Loading platform on the Worts end of its warehouse which is situated between Twelfth and Thirteenth Street beginning at the east side of Pine Street extending easterly on the east Thirteenth Street 44 feet, adjacent to its build- ing, projecting out into east Thir- teenth Street a width of 8 feet. Sec. 2. That such construction be clone under the direction and super- vision of the Citiy Manager and Buiigiug Inspector. - .-~ <;:','' p-'-_ • 211 ~1>.cial `~essic~n, ~\-o~~eiul~er ~Oth, 1913 - Sec. 3. That the right to ten- struct and maintain such concrete loading platfot•nx as hereby granted, shall be subject to the continuous -_" control of the City Council, reserv- ing the right to said City Council - to impose restrictions and concli- tions upon the enjoyment thereof = as may be reasonably necessary for _ the protection of the public inter- - gists, including the right to revoke and reseiucl the grant hereby oracle, if a an im h x t 1' ' t r t y t e t e l t b xc a to gists - should so require. _ Sec. 4. As a further considera- tion of the rights and privileges hereby granted, said A. Y. McDou- -_ ::: t ald Nifg. Co., its successors and as- __ signs, assume any and all liability for damages to persons or property which may result fx•om the con- struction and/or maintenance of l such loading platform, and said A. - Y. A~IcDonald NIYg. Co., its success- = ors aucl assigns, at its own expense, i ', _= ' a gees to defend an and all claims g Y .'-_-; ~ or actions which may be made or ~ i "`:. brought against the City because of '~"} ~ ?! ; the construction and/or mainten- " ;','i; ante of such platform, and should the City be required to pay any ~ - sum as damages, said A. Y. 1Vic- '> : "i Donald vIfg. Co., its successors and ~~';" + assigns, agrees to fully reimburse i ~ ~ the City therefor and to hold said ? ';'`:, I City harnxless froux any damages. "~ + ~ i ~" Sec. 5. Should the rights and b t • ` , privileges herein granted be rescind- - ' ~ ed or revoked, said A. Y. McDonald N_Tfg. Co., its heirs and assigns, at " -_. its own expense and upon receipt °.,:`..,i, I, of notice, agrees, within 30 days ~if- ter receipt of such notice to reutove =1~. the structure herein authorized and - ! ' to restore the street and sidewalk in as good condition as it was before said construction. '~°' ;'~ :_ "- - Sea 6. This Resolution shall be- come effective and the x•ights here- ;, under shall accrue to A. Y. McDon- ~ alcl tllfg. Co., its successors and as- _:. ? signs, when this Resolution has ~`~'_``_ ; been passed by the City Council and accepted by said A. Y. McDon- ` =~°- `'i ~ ald NIfg. Co., which acceptance 'tl,~, ;~ ~ shall be endorsed hereon. >~..,' '~ Passed. approved and adopted `';F-'`' this 30th clay of December, 1943. g i ~`= !&'', GEO. R. NTUPPHY, 3.J- '' ' t. _. Mayor. `'~'~ 1 . ' " i FRANK VAN DUELMAN, ; :'; i l la ' ' ' W. tiV. MOFFATT, g' _ : =' ALBERT WHARTON, -_ i --_; . ^<. „ I Councilmen. ~'-•;.. :' ~~ Attest; .J. J. SHEA, . , iE.'.-- ;; :,,~,''i z Y City Clerk, ACCEPTANCE OF RESOLUTION. r1. Y. iVicDonalcl 11Tfg. Co., having full lcnotvledge and uuclerstancling of all the terms attd conditions of Resolution No. 115-43, hereby ac- cepts the same as adopted and agrees to comply with the terms and conditions thereof. Signed this 13th day of December, 1943. A.I. -~IcDONALD MFG. CO. -By Ira G. SVhitney. Councilman Van Duelman movacl the adoption of the resolution. Sec- onclecl by Councilman Thompson. Carried by the following vote: Yeas-Mayor Nhu•phy, Council- men Maffatt, Thompson, Van Duel- - man, Wharton. Nays-None. Resolution No. 119-43 RESOLUTION AND APPLICA- TION FOR PER1lIANENT TRANSFER OF FUNDS. Whereas, An emergency tax levy was made by the City Council of the City of Dubuque for use in sup- pleuxentiug the funds required for debt service during the fiscal year beginning April 1, 1943, and ending 1\-larch 31, 1944, upon authority and approval of the State Comptroller; acct Whereas, Ou the 1st day of No- vember, 1943, there was a cash bal- ance ut the Grading Ftwd of $20,955.52; and Whereas, There is note in the hands of the City Treasurer and creclitecl to the Entergeucy Fuud the sum of $12,659.59 which is avail- able for transfer to the Grading Fuud for debt service; and j~Thereas, During the current fis- cal year Grading Boncls in the anxouut of $30,000.00 mature and U r a d i n g Bond Interest in the amount of $2,700.00 becomes due I and payable; and Whereas, In order to pay the ob- ligations clue it is necessary to make a transfer of $12,659.59 froze the Emergency Funcl to the Grading Funcl; and Whereas, Before any tr•ansfet• may be oracle froth the Emergency I+'uncl to any other fund, an applica- tion trust be matte to the State Coxmptt•oller for authority to make the transfer and his approval se- curecl thereon; Now, Therefore Be It Resolved by the City Cover cil of the City of Dubuque that, sub- ject to the approval of the State Comptroller, there be and there is hereby transferred from the Emerg- ency Funcl the sum of $12,659.59 to tihecial Session, Noventher 3Ot3i• 1~~F3 ?1;i the Grading Funci and the State Comptroller is hereby petitioned to authorize and approve such trams- fer; and Be It Further Resolved that upoxx tlae approval of such transfer the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Treas- ux•er of such transfer, anti such no- tification shall be accmnpanied by a copy of this resolution and the record of its adoption. The resolution was passed, adopt- ed and approved by unanimous ac- tion of the City Council on the 30th day of November, 1943, and a.ll nxembers thereof signed their names thereto. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. NTOFFTT, ALBERT WHARTON, • Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelnxan moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-1Voue. Resolution No. 120-43 RESOLUTION AND APPLICA- TION FOR PERMANENT TRANSFER OF FUNDS tiVhereas, During the current fis- cal year Ilnprovement Bonds in the amount of $35,000.00 mature and Improvement Bond Interest in the amount of $6,200.00 becomes due and payable; anti Whereas, On the 1st day of No- vember, 1943, there was a cash bal- ance of $21,262.63 in the Improve- ment Fund; and Whereas, On the 1st day of No- vember, 1943, there was a cash bal- ance of $21,792.89 in the Water Works General Funci and a balance of cash and securities of $52,649.52 in the Water Works Sinking Fund; axul Whereas, No Water Works Bonds nor lxterest are clue and Payable during the remainder of the current fiscal year, and $28,000.00 in bonds and $630.00 in interest become due and Payable clueing the succeeding year and therefore the requirements of Section 6151.1 of the Code of Iowa have been fully met; and tiVhereas, lx order to pay the obli- gations due, it is necessary to make a transfer of $20,000.00 from the Water Works General Fund to the Improvement Fund; and Whereas, Before any transfer may be nxacie from the Water Works Genex•al Fund to any other fund an application must be made to the State Comptroller for authority to inane the transfer and his approval secured thereon; Nov, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there is hereby transferred from the Water Works General Funci to the ln- provement Funci the sum of $20,- 000.00 and the State Comptroller is hereby petitioned to authorize and approve such transfer; and Be It Further Resolved that upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Treas- urer of such ti•axasfer, anti such no- tification shall be accompanied by a copy of this resolution and the record of its adoption. The resolution seas Passed, adopt- ed anti approved by unanimous ac- tion of the City Council on the 30th clay of November, 1943, and all mem- bers thereof signed their names thereto. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUEL-IAN, W. W. MOFFATT, ALBERT «THARJ3TON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor 11Turphy, Couucil- nien 1Vloffatt, Thompson, Van Duel- man, Wharton. .<ays-None. Application of the P. X. Club for a Class "B" Beer Permit for Px•ivate Club, presented and read. Councilman Moffatt moved that the application of the P. X. Club l;e referred to the Council for their consideration. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- nxan, Wharton. Nays-Moue. Comm~unication of County Audi- tor Daykin advising Council that the Board of Supervisors have ac- cepted an offer from D. Kriugle for the purchase of the East 25 feet of Lot 7 and all of Lot 8 of Min. Lot 149, presented anti read. -_ ~~.,~; €:E_..' . ~^'~~ , F .~. ~: ~!i ~j( special Scssitni, November ,0th, 19-11 Councilman Wharton moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas--Iayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Whal'ton. Nays-None. November 10, 1943. A. A. Rhmuberg, City Manager, Dubuque, Iowa. Dear Sir: Some time ago the Board of Supervisors accepted an offer of $50.00 on Lot 301, Glendale Addition, made by Amos Robbins. This offer ryas not approved by the City Council. Mr. Robbins has raised this offer to $65.00. The Board of Sttpervisol•s have accepted this offer and will issue deed upon approval by the City Council. This lot was sold February 3, 1936, for the delinquent tax of 1932, 1933 and 1934-. Anlonnt of delinquent General Tax is $166.46, assessed to Frank J. Helmer. YaLn's tl'llly, ALLAN T. DAYI~IN, County Auditor. Councilman Thompson move d that the communication be received and made a matter of record. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men i~4offatt, Thompson, Van Duel- man, Wharton. Nays-None. r=sesoltion l~lo. 121-34 Whereas, Lot 301, Glendale Addi- tion in the City of Dubuque, Du- buque County, Iowa, was sold on February 3, 193G, to Dubuque Coun- ty, Iowa, by the County Treasurer of Dubuque County, Iowa, for the delinquent taxes and unpaid taxes against the'real estate for the years 192 to 1931, inclusive; aucl Whereas, the said Dubuque Coun- ty, Iowa, desires to sell the above described real estate to Amos Rob- bins for $65.00; and Whereas, the sale of said prop- erty by Dubuque County, Iowa, to Amos Robbins for a sum less than the total almount stated in the tax cel•tificate, including all endorse- ments of subsequent general taxes, interest and costs, requires the writ- ten approval of a majority of all the tat levying and tax certifying bo- dies 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 Amos Robbins for the sum of $65.00 in cash be and the same is hereby authorized and approved. Passed, adopted and approved this 30th clay of November, 1943, GEO. R. MURPHY, Mayor. F. W. THOMPSOI~T, FRANK VAN DUELMAN, W. tiV. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote; Yeas-NTayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 122®43 Whereas, The Administrator of Civil Aeronautics, with the approval of a Board composed of the Secre- taries of War, Navy, and Commerce has designated as necessary for na- tional defense a project for develoP- ntent of the Dubuque Municipal Airport Docket No. 904-13-9, lo- cated in parts of Sections 26, 27, 34, 35 of Table Mound Township, Du- buque Comity, anti has tentatively allacotecl for this project the stun of ~G00,000.00; and ZVhereas, As a condition Prece- dent to release and operation of this project, the Administrator requires that it be sponsol'ecl by a Public agency having title in fee simple to all Ian ds to he improved under the project; and Whereas, It is deemed advisable and desirable by the City Council of the City oY Dubuque to fiu'ther avia- j tion and to co-operate with the Civil Aeronautics Administration; i~orv, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the Mayor is hereby authorized to file an application with the Iowa State Commerce Commission for approval of plans and specifications of a municipal airport, as by law provided, and the site of the airport be acquired by Purchasing the fol- lowing described real estate: The N.E. '/} of the N.W. 1/~, the S.E. 1/.x oY the N.W. 1/.r, the N.E. '/t, the S.E. ~/4, Section 27, Township ~S I~TOrth, Range 2 East of the 5th P. M. The N.W. i/~ of the N.W. 1/r, the S.W. 1/.r of the N.W. 1/4, Lot 1 of the S.E. ?!r of the N.W. 1/t, Lots 1 and 2 of the S. W. 1/~, Sectiton 26. Township 88 North, Range 2 East of the 5th P. M. The N.E. 1/.r of Section 34, Town- ship 88 North, Range 2 East of the 5th P. NI. ___ _ _ Special Session, iV~ Lot 1 of the N.W. 1/~ of the 1\T.W. ? ~, Lot 1 of 1 and Lot 2 of the N.E. 1/~ of the N.W. 1/~ of Secttion 35, Township 88, Range 2 East of the 5th P. M. Passed, adopted and approved this 30th day of November, 1943. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, tiV. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton move d the adoption of the resolution. Sec- ouclecl by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Vau Duel- man, Wharton. Nays-None. There being uo further business, Councilman Vau Duelman moved ro adjourn. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved ........ .....................1944. Adopted ..................................1944. Attest : ................................................ City Clerk. wcmber 30th, 1943 21i - ~,, ':~:.