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1942 September Council ProceedingsRegular Session, September 7th 1942. No memmbers of the Council being present on roll call, the meeting was postponed subject to call J.J. SHEA City Clerk. Approved Adopted Councilmen. Attest: ... :~: 176 Adjourned Regular Session, September 5th, 19-F2 ~~~~r ~a (Ofi#icial.) Adjourned Regular Session, Sep- tember 8th, 1942. Council met at 7:30 P. M. Present-Mayor Wharton, Coun- cilmen 1VIurphy, Schueller, Thomp- son, Vau Duelman and City Man- ager Rhomberg. Mayor Wharton stated that this meeting is an adjourned meeting of the regular meeting of September ith, 1942, for the purpose of acting upon such business as may properly come before a regular meeting of the City Council. 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 Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays-None. Communication of the Dubuque County Civilian Defense Council submitting proposed estimated ex- penses necessary to properly set up and equip the Headquarters Office anti the Control Center for the Civil- ian Defense Corps and asking that Council act favorably on the same, presented and read. Mr. Paul Smith, Chairman of Du- buque County Civilian Defense Council, addressed the Council ex- plaining the set up for the carrying ou of the Civilian Defense Corps anti asking that the Council appro- priate one-half of the proposed esti- mated expenses as the County Board of Supervisors have offered to bear one-half of this expense. Councilman Van Duelman moved that the City Council appropriate the sum of $655.90 from any sur- plus in the Aliscellaneous General Revenues Account of the General Fuzed as provided for by Paragraph 935, Section 5 of Ordinance No. 12- 12 for the purpose of financing the City portion of the estimated ex- penses necessary to properly set up anti equip the Headquarters Office and the Control Center for the Civil- ian Defense Corps. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men -Iurphy, Schueller, Thompson anti Van Duelman. Nays-None. Messrs. William Clemens, Park Conuuissioner, and Wendelin Ret- tenberger, Park Superintendent, acl- dressed the Council, stating that a number of trees in the Park have cliecl and iu order to save the life of aclclitional trees in the parks that it is necessary that a tree spraying outfit be purchased anti requestiug that the cost of securing the re- quired equipment be taken froth the amount realized from the sale of rock to Dubuque Stone Products front the Eagle Point Park. Councilman Thompson move d that a tree spraying outfit be pur- chased in a sum not to exceed $2,500 for the use of the Park Board, said amount to be paid from the unex- pended balance remaining in the settlement between the City of Du- buque and the Dubuque Stone Pro- ducts Company, for the sale of rock taken from Eagle Point Park. Sec- onded by Councilman Van Duehnan. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson anti Van Duelman. ATays-None. Petition of Klauer Manufacturing Company, requestiug the re-zoning of Lots 247-258, both inclusive, in Glendale Addition No. 3, front its present two family classification to light industrial classification and further requesting the vacation of the alley between Washington anti Elm Streets from the north line of East Twenty-sixth Street to the south line of East Twenty-seventh Street, presented and read. Mr. W. J. Klauer addressed the Council in support of the petition and requesting that action be taken as soon as possible as the ISlauer Manufacturing Company is contem- plating the erection of a warehouse with manufacturing space to ac- conunoclate defense work. Councilman Murphy moved that the portion of the petition request- iug the vacation of the alley be- t~veen Washington anti Elm Streets from the north line of East Twenty- Sixth Street to the south line of East Twenty-Seventh Street be re- ferred to the Planning and Zoning Conunission for their reconunencla- tion anti report. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor tiVharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays-None. Communication of the Interna- tional Association of Chiefs of Po- lice extending invitation and urging Council to send the Chief of Police to the Three-Day ZVar Conference of Police Executives to be held in Ne~v York City on September 21-23, 1942, presented and read. ,\djourned Regular Session, September nth, 1912 177 Councilman Van Duelnan moved that the Chief of Police be author- ized to attend the convention if he so desires. Seconded by Council- man i\Iurphy. Carried by the fol- lowing vote: Yeas-,Mayor Wharton, Council- men 1\Iurphy, Schueller, Thompson and Van Duelman. Nays-None. Comm~unication of Ben H. Hall, Director of Property Tax Division, State Tax Commission, Des Moines, Iowa, extending invitation for the City Assessor to attend the Nation- al Association of Assessing Officers at Denver on September 9th, 10th, 11th and 12th, presented and read. Councilman Van Duelman moved that City Assessor Hanover be au- thorized to attend the convention, one-half of the expenses to be borne by the City of Dubuque. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton. Council- men Murphy, Schueller, Thompson anti Van Duelman. Nays-None. Petition of the Zumhoff Insurance Agency requesting cancellation of the Cigarette Bond issued to Rich- ard and Lillian Hogan as they have cliscontiuued business at 1804 Cen- tral Avenue, presented and read. Councilman Thompson m o v e cl that the request be granted. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-:Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays-None. Petition of the -Inrphy Insurance Agency requesting release of the cigarette bond filed on April 1st, 1942, and issued in behalf of the Hollywood Grille, presented and read. Councilman Thompson move d that the request be granted. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson anti Vau Duelman. Nays-None. Petition of G. W. Hohmann re- questing release of the beer and cigarette bonds issued on behalf of The Service Club, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report, Seeonclecl by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men llIurphy. Schueller, Thompson anti Van Duelman. Nays-None. September 8, 1912. Hon. Albert Wharton, i\Zayor, and Members of the City Council, Dubuque, Iowa. Gentlemen: On August 15th, 1942, a resolution was adopted and approved by the City Council revoking Class B Beer Permit No. 72 issued to the Service Club. Your attention is further called to a Provision of law pertaining to revocation under Chapter 114 Section 2, 49th G. A. State of Iowa, namely the forfeiture of the prin- cipal sum of the Surety Boud in event of cancellation of a permit as a result of charges filed, hearing hacl and conviction thereon. It is hereby recommended that the action against the above permit holder be completed as required by law. Respectfully yours, JOS. T. STRUB, Chief of Police. Counciluaii Van Duelman moved that the communication of Chief of Police Strub be referred to the City Solicitor for investigation and re- port. Secoudecl by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays-None. Petition of Hubert M. Fischbach requesting a refund in the amount of $75.00 ou his cigarette permit No. 163 anti also requesting a re- fund in the amount of $100.00 on his beer permit No. 147, as he has cliscontiuued business as of August 17, 1942, presented and read. Councilman Schueller moved that the request be granted anct the City Auditor be instructed to draw a ~varraut in the amount of $75.00 in favor of Hubert NI. Fischbach to cover the amount of refund grant- ed on the uuexpirecl portion of his cigarette permit No. 163 a,nd also I to draw a warrant in the amount of $100.00 in favor of Hubert M. Fisch- bach to cover the amount of refund granted on -the tutexpirecl portion of his beer permit No. 147. Second- ed by Councilman Murphy. Carried by the following vote: Yeas--Iayor Wharton, Council- men Murphy, Schueller, Thompson anti Van Duelman. Nays-None. Petition of Elmer Gordon request- ing arefund in the amount of $75.00 on his cigarette permit No. 139, as ~ i', _ 178 Adjourned Regular Session, September 8th, 192 he has cliscontinuecl business as of August 19, 1942, presented and read. Councilman Thompson moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Elmer Gordon to cover the amount of refund granted on the unexpired portion of his cigarette permit No. 139. Seconded by Councilman Schueller. Carried by the following vote: Ieas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelmau. \Tays-None. Petition of Edgar 'Iiolfenbach re- questing a refund in the amount of $12.00 which amomit was paid for a building permit ou April 4th, 1942, for the construction of a single faux- ily dwelling for Clarence Carney at 1290 South Grauclview Avenue as he is unable to use this permit on account of Federal Government Re- strictions, presented and read. Councihnau Schueller moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $12.00 in favor of Edgar Iiolfenbach to cover the amount of refund granted on said building permit. Seconded by Councilman Van Duelmau. Carried by the following vote: I eas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelmau. Nays-None. Petition of Geo. B. Collinsou, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on lots 17, 1S, 19, 20, 21, 22, 23 and 24 in Block 2 of Grandview Park Addi- tion, presented aucl read. Councilman Murphy moved that the reconunenclation of City Solici- tor Iiintzinger be approved and the Board of Supervisors to be notified of the action taken by the City Council. Seconded by Councilman Thompson. Carried by the follow- iug• vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelmau. Nays-None. September 1, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen The undersigned, Paul Rossiter, Building Commissioner of the City of Dubuque, has enlisted in the Nav- al Reserves of the United States. I respectfully request your honor- able hotly to grant me a leave of absence as provided for by Resolu- tion No. 14-41 of the City of Du- buque. Respectfully petitioned, PAUL ROSSITER, Building Commissioner. Councilman Schueller moved that the request be granted and the cotn- munication made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Wharton, Council- men :Murphy, Schueller, Thompson and Van Dnelman. Nays-None. T. J. Shea, City Clerk, Dubuque, Iowa. Dear NIr. Shea: Please accept and place on file in your office the attached compre- hensive general plan for the im- provenxexlt of the water front. Yours very truly, Board of Dock Couunissioners, City of Dubuque, Iowa, By J. A. Iierper, President. Councilman Van Duehnan moved that the comnxunication be received a.ncl the comprehensive general plan for the improvement of the water front placed ou file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelmau. Nays-I~TOUe. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for `vhich warrants were drawn dur- ing the mouth of July, 1942, pre- sented and read. Councilman Schueller moved that the proof of publication be received and filed. Secoucled by Councilman Thompson. Carried by the follow- ing vote: I eas-Mayor Wharton, Council- men 11lurphy, Schueller, Thompson and Van Duelmau. Nays-None. Council Proceedings for t h e month of June, 1942, presented for approval. Councilman Thompson move d that the Council Proceedings for the nxonth of June, 1942, be ap- proved as printed. Seconded by Councilman Van Dnelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Dnelman. Nays-None. Connnuuication of C. R. Living- ston, Asst. Dist. Engr., Iowa State Highway Conunission, submitting a supplemental contract cotrering the ~djoul-necl Regular Session, Septemher Stll, 1912 li 9 work of recouditiouiug Dodge Street for the application of bituminous surfacing, presenteel aucl react. Councilman Thompson Moved that the P,Iayor be authorized to execute the supplemental contract, covering the work of reconditioning Doclg'e Street for the application of bitttln- inous surfacing, cat behalf of the City of Dubuque. Iowa. Seconded b3' Councilnl~.n 1ltu•phy. Carried by the follotviug vote: I eas-Mayor tiUharton, Council- men 11Turphy, Schueller•, Thompson and ~'an Duelman. Nays-IaTOne. ;iUe °9e~f?,9~fv°i',4I® ~C1E''!~°iiA~ l' County Dubuque. City, Dulnulue. t~rirnar=r ~caa:d ~xfension Mlaintcrlancz. This tvritt~_n duplicate memoran- da of a~reenlent matte and euterecl into by and between the City of Dubuque, Iov~ a, Party of the First Part, and the Iowa State Highway Coillurissioil, Ames, Io=•va, Party of the Second Part. ~T~itnesseth: In ecnaicleration of the 1',crfornl- allce by the Party of the First Part, of nlaiiltena,uce teork specified be- lov,r dtu~iilg the period July 1st, 1942• to Julle 30th, 1943, Second Party agrea„ to 'pay First Party, the amounts stipulated herein. Party of the I'il•st Part agree, to perform for the Party of the Sec- oucl Part, all rctttine lllaintetlance operaiioils in the City of Dttbttque oil e~:tension s of pr•inrary roasts spe- ci~ically describes? as follows: Rou- tine 1lIaiutenance covered by orig- iiiai contract slated July 29th, 1942. Total 14-Iiles...._......at ~ ................ per mile; Total Pontine llaintellauc It is understood that "routine rnaintenauce operations" shall in- clude stu•face maintenance, road bed repairs, repair's io bridges, cul- verts anti guard 1•ail, weed cutting, snow piowiil~, and other mainten- ance usually liei'for•nled 011 pruuary roads ontsida of cities and totvus. Routine lnaintenallce of paved streets shall eztencl Prom curb to curb. Snow plot~•~ing included in 1•outirle plaint^nance will apply to a tviclth of approximately 30 feet. The hauling• and disposal of the snow plo~vecl from the 30 foot sec- tion is not included in this contract. Party of the First Part further agrees to perform special mainten- ance tvorl~ for the Party of the Sec- ond Part on the above designated extensions. This special mainten- ance work is specifically described as follows: Surface repairs to Dodge Street from I;ryant Street following the removal of street car tracks. 1.60 square yards at 0.30 equals $52.00. Total Special P,'Iaintenauce $525.00 Total Contl•act Anlount........V52S.00 bt Spitnes:~ evhereof, the Parties hereto have set their lauds, fol' the purpose herein expressed ou this 3th clay of Saptelnber, 1942. Reconuneluled for ~~pproval Sept. 10. 1942. C. R. LT dT1NGSTON, Engineer. DL`L'LTGI'E, IO~v~1. city. L;y Albert Gt%hal'toil, 1'Iayor. First Party. IOWA STATE IIIGH~~TAI CO-I. B;y= ~. ~. Hurst, Secancl Party. September 23, 1942. September S, 1912. {ct r~: Ciairn of ft7abei Fay Hotrcrable 1tiTayor and Ciiy Council, City of Dtti~uque, Iowa. Gentleulen: ZVith reference to the c•lailit of lIabel Fax=, claiming 4102.1,; for actual clalliages caused by ?ler• falling on an alleged defec- tive sicletval?, on 15th aucl Ion*a Streets, 1 have investigated this claim anct after ittvestigatioll and c?iscu:ssioil ~.t-ifh the claimant, she has greed that if she is llaicl w50.00 that site tvili ar_ceilt the sallle as fall settlement of any and all claim she has ar may have against fire City. I recornnlenc? that she be allotvecl :},0.00 in fail settlement of her claim and that a tvarraitt he issued p=~,~able to her order tar said aulonnt and delft Bred to her upon the ese- cution and cte?iver•y by her to the City of a proper release. Tours truly. JrJIIN J. IiINTZIi~GER, City Solicitor. Councilman .Murphy moved that the reconuuelldation of City Solici- tcr Iiiiltzinger be apprcvecl and the City Arditor illstructec? to c?raw a ~varrailt in the amount of $50.00 in `favor of i,Tabe1 1+ay as settlement in ftt11 of her claim and that said warrant be delivered upon the e:ce- cntion anti delivery to the City of s tlroper release. Secandecl by Coun- cilrnan Thompson. Carried by the following vote: 1 eas-_,Iayor TVhal'toll, Council- men :s'Ttu'plly, Schueller, Thompson and Z'an Duelman. Nays-`:one. September 3, 1942. In re: Cl~.irn of E~airy C~espaa4eh Co. Honorable _lIal,~or aucl City Council, City of Dubuque, Iowa. Gentienren: ZVith reference to tale above claim for ,~51.f5, damages for tire, I have investigated this matter, talked with the driver of ~--- " _.. .F, 180 Adjourned Regular Session, September 8th, 1942 the trucl~, and learn that the driver of the truck kneje where the man- hole was, hacl seen it a short tithe before he ran into it, but claims that because of the dust from the car iii fi•ont of him ,vas unable to see anti that the City should pay for the damages. I ant of the opin- ion that there is no liability for the claim anti that the same should be cleuiecl. I am returning the claim. Respectfully submitted, JOHN J. LINTZINGER, City Solicitor. Councilman Schueller moved that the recotnmenclation of City Solici- tor I~intzinger be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompsou and Van Duelman. Nays-None. August 31, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In reference to the claim of IVIrs. Zlargaret Noel for $105.45 in which she claims dam- ages caused when she fell on an icy sidewalk on January 3, 1942, on Eighth Street near Main Street, I have investigated this matter and fi•om my investigation and talks with the claimant, I am of the opin- ion that there is no liability and recouitateud that this claim be de- nied. Respectfully submitted, JOHN J. I~INTZINGER, City Solicitor. Counciluan Schueller moved that the recommendation of City Solici- tor I~intzinger be approved. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays-None. September 2, 1942. To the Honorable 11Iayor anti City Comtcil, Dubuque, Iowa. Gentlemen: Herewith submitted iu Profile No. 1304, showing the proposed grade of Lombard Avenue from Algona Street to Fremont Avenue. I recommend that the pro- posed grade be approved as shown on Profile No. 1304 and that an Ordinance be passed establishing such grade in Lombard Avenue. Respectfully submitted, A. A. RHOMBERG, City Manager. Counciluan Thompson move d that the recouunenclation of City Manager Rhomberg be approved. Seconclecl by Councilman Murphy. Carried by the following vote: Y eas-.lTayor Wharton, Council- men Murphy, Schtaeller, Thompsou and Vau Duelnan. Nays-None. Ordinance ~!o. 22®42. Au Ordinance establishing a grade on Lombard Avenue from Al- gona Street to Fremont Avenue, presented and read. Councilman Thompson move d that the reacting just had be con- sidered the first reading of the or- cliuance. Seconded by Couuciltnan Van Duelman. Carried by the fol- lo`ving vote: Yeas-lliayor Wharton, Council- aneu Murphy, Schueller, Thompson anti Van Duelman. Nays-Noce. Councilman Thompsou move d that the rules be suspenclecl requir- ing an orcliuance to be read on three separate days. Seconded by Couu- cilman Vau Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men IVTurphy, Schueller, Thompson and Vau Duelman. Nays-None. The orclinauce was then read a second time. Councilman Thompson move d that the reacting just had be con- sicdered the second reading of the orclitta.nce. Seconded by Couucil- ntau Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson anti Van Duelman. Nays-None. Councilman Thompsou move d that the ordinance be placed on file with the City Clerk for public iu- spectioti for at least one week be- fore its final adoption. Seconded by Councitnan Van Duelman. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompsou anti Vau Duelman. Nays-None. August 21, 1942. To the Honorable Mayor anti City Council, Dubuque, Iov,•a. Gentlemen: This is to advise that I have approved the following bonds and policy anti desire to have your approval ott same for filing: PERSONAL Robert F. Pfiffuer, Clerk iu City Water Department, IT. S. Fidelity & Guaranty Co. TAYI-CAB Radio Cab Company (John S. Young'), 24 East Fifth Street, Policy No. AS 305539, Anchor Casualty Co. ENCAVATION Richard J. Burke, 130 West 13th I~djourned Regular Session, September 8th, 1942 181 Street, Boucl No. 715345, American Bonding Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson m o v e cl that the boucls be approved and placed on file. Seconded by Cou~- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor TVhartou, Council- men Murphy, Schueller, Tl?ompson and Van Duelman. Nays-None. September S, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On August 1S, 1942, ~ NIrs. -Ielita Chase and Miss Kath- leen Dahl made application for cig- arette permit and posted the fee of $100.00 which was deposited with the City Treasurer to the credit of the above. The resolution author- izing the issuance of the permit has not been acted on by the City Council because uo meeting was held since the filing of the appli- cation. The applicants now desire the withdrawal of their applica- tion and the refund of the $100.00 deposit. I recommend that a warrant in the amount of $100.00 be clrawu on the General Fund in favor of -1rs. NIelita Chase and 1\Iiss Kathleen Dahl to repay the deposit. Respectfully submitted, A. A. RHOMBERG, City IVTanager. Councilman Schueller moved that the recommendation of City Manag- er Rhomberg be approved and the City Auditor instructed to draw a warrant iu the amount of $100.00 on the General Fund in favor of Mrs. Melita Chase and Miss Kath- leen Dahl to repay the deposit iu the amount of $100.00 posted with their application for a cigarette per- mit and which application has now been withdrawn. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor ~~Vharton, Council- men Murphy, Schueller, Thompson at=d Van Duelman. Nays-Noce. September S, 1942. To the Honorable Mayor and City Counoil, Dubuque, Iowa. Gentlemen: At the session of the City Council held July 21st, the petition of Carl Launspach request- ing the vacation of the alley abut- ting Lot 14G and Lot 1 of 1 of 2 of 131 in Finley Addition and further requesting that the Council convey the same to him by deed tivas re- ferred to the Council to view the grounds. Ou September 7th the Council viewed the grounds and decided that the petition he referred to the Planning and Zoning Commission for recomxne.aclation and report. I reconunend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City i\Zanager Rhomberg be approved and the decision of the Council con- firtnecl. Seconded by Councilman Schueller. Carried by the following vote: Yeas-1lIayor Wharton, Cou~cil- men Murphy, Schueller, Thompson and Vau Duelman. I`lays-None. September S, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held August 15th, the petition of the Fraternal Order of Eagles requesting permission to erect a loading platform estencliug three feet into the alley abutiing the South one-half of City Lot 100 tivas referred to tlae Council to view the grounds. The Council viewed the premises on September 7th and decided to grant the request. I recommend that the decision of the Council be confirmed and an ordinance be drawn granting the Fraternal Order of Eagles permission to construct and maintain a loading platform. Respectfully submitted, A. A. RHO-1BERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved and the decision of the Council con- firmed and the City Solicitor to be instructed to prepare a proper or- dinance. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men -lurphy, Schueller, Thompson and Van Duelman. 1Vays-None. September S, 1942. To the Honorable Mayor and City Council, Gentlemen: At the session of the City Council held July Gth, the pe- tition of A. J. Stolteben requesting the Council to view the alley first south of Dodge Street and calling attention for the need of surfacing 1S2 Adjouriiecl I~e~ular Session, September nth, 19--12 that would not be washed away was referred to the Council to view the grouxicls. The Council viewed the site on September ~ th aucl instructed the lianagex• to confer ;, itli the pro- perty owners coucex•niug the cost of surfacing ailc'i deckled that if the abutters a_g'x•eed to pay for the sur- Yacing that the City tivoulcl proceed with the grading of tlae alley. I recommend that the decision of the Cottucil be canfiintzcl. Respectfully subntittecl, A. A. RI-IGMBERG, City -iana,ger. Councilman D,itu•phy moved that the reconunerdatioxx of City 1llan- agc-r I~hombei•g be approved aild the decision of the Council confirmed. Seconded by Councilman Van Duel- man. Carried by the following vote: -isas-ll'Iayoi v5%haiton, Council- men 1~Iurphy, Schueller, Thompson and Van Duelman. 1Vays-i`; one. September S, 1912. To the I~ci:oradlle 1;Iayor and City Council, Dubuque, lcwa. Geittlenien: ~t the session of the City Council held :~ug-ust 10th, the petition of ttlrs. Ella Paisley request- ing the grading of the alley in the rear 'of ZS29 I;ttrclen A~~enue was referred to the Council to view the gicnnds. C~i September ith the Council vie~treci the site and observed that the Street Depr,rtment hacl correct- ed the condition coniplainecl of. Respectfully sulrxnitted, :~. A. RHOlI13ERG, City TvIauager. Conncilmaxt l~lurphy moved that the conunttiiicatiou of City 1'Ianager Rhomberg be oracle a matter of rec- ord. Seccncied by Councilman Schueller, Carried by the follov~~- ing Zrote: 1ea~ Ir'layox• 5~`hartcn, Council- men Murphy, Sclitteller, Thompson and Vau Duelntau. 1~Tays-:~TOne. September S, 1913. Ilon. Albeit VJltarton,liayor and Men?hers of the City Council, Dulauclue, Iov,~a. Gentlerneu; I herewith submit the followin report on Eugene P. McCann holder of Class B Beer Per- mit No. 112, operating a. tavern at 802 Iovra Street, Dubuque, Iowa. This permit vas issued to the above named person on October 7, 1911. On Sel~teinber 2, 19,2, during a District Court hearing on lnu•glary charges against one Duane Brug- man, it was revealed that this youth, nineteen years of age, had on sev- eral occasions been served drinks by Ettg'etie 7IcCauxt at his tavern at S02 Iowa Street. The Court at titai time instructed the Chief of Police 2nC1 the County Attorney to investieate the operation of the tav- ern opzratecl by lelr. McCann. As a result of this investigation charg- es were filed against Eugene Mc- Cann cn possession of liquor on the premises of a Class B permit hold- er and sale cf same to a. minor. On September 0th, 1012, 1\Ii•. xllcCanu in the District Court of Dubuque County enteied a plea of guilty to the a.,l,ove charge and was fined 5,300.00 a,t:cl the costs of the action. }3ecause of the above cited viola- tion of la~v and conviction thereof it is Hereby recommended that the Ciiy Cotu:cil proceed under the pro- visioxis provided b-~ Chapter 93.2, Section 1921.120, 1039 Code of Iowa; Chapter 111, Section 2, 19th G. A. Code of Iowa and Corcliuauce No. 9-Sv of Duiiugtte, Io;va, axed revoke foi•th;vith permit iVo. 112 issued to I+~ugene 1;. lIcCanu. Ilespectfull;r submitted, 305. H. STRUB, Chief of Police. Ccuxicilinan Tixenxpson move d tlxat the i•eliort anti iecoxxinteuda- tioii of Chief of Police Strttb be re- ferrsd io tiie City Solicitor for in- z esiigatioxt nci izpoi•t. Seconded by Cet:xii;ilnian liurphy. Carried by tite following Vote: 7"eas-laayox• F'',Jharton, Cotuicil- xnzn ,ittiph~-, Scixueliei•, Thompson avci tiraxt Duelman. [esclu:iori ('J o. 31-42 Pe It Resolved by the City Couu- ciI of Yl!e City of Dubuque that it is deemed ixece~.ar?~ aucl advisable to c;onstrttet sicle~v~,lks along the fol- loivi?:g streets abutting each of the folle;ving descrihe;l properties: Gu ~;~-iiite Street abutting the ~ ;%est 17t? feet of Lot 300, Davis Farut Addition, owned by Albert ,^~ luciti'er. Oxt V,%hite Street abutting the ~,~TCSt 1 i 0 feet of Lot 31i, Davis i+arni Addition, otvnecl by Albert i~ luclciger. On Avoca Street abutting Lot 331, ~Voodlawn Parr Aclclitiou, owned by VJ. F. Abbey. i:ach of the above sicle~valks to be constructed in accordance with the ordinances and sidewalk specifica- tions of the City of Dubuque. Be It Ftarther Resolved that iu each of the above cases notices be served on the property owners, ad- wising of the adoption of this reso- lution and giving them ten clays froiu the date of service of such notice in wlxich to construct such i ~djourneu Re`;ular Session, September Sth, 19-2 1S3 side~,valk themselves in the event they desire to do so. Be It Further Resolved that in the event the property owner fails to construct said siclezvalli in the time set out in the notice that the City Cleric be and he is hereby in- sh•ucted to advertise for bids for the construction of said sidewalks and that the cost and expense of said worl. shall be assessed against the various lots or parcels of real estate as provided by law. Passed, acloptecl and approved this Sih day of September, 1942. ALBERT WHARTON, :lIayor. F. S r'. THOiVTPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman -Iurphy. Car- ried by the following vote: Yeas-LlIayor Wharton, Council- men 1\Inrphy, Schueller, Thompson aiid Van Duelman. Nays-None. Resolution No. ~2-42 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having conxplied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette pa- pers within said City and the Man- ager is directed to issue such per- mit ou behalf of said City. John A. Armstrong and Harriet lI. Armstrong, 393 Main Street. Emil C. Leiser, 1255 Central Av- enue. Be It Further Resolved that the bonds filed with the applications be appro~red. Passed, adopted and approved this Sth day of September, 1942. ALBERT WHARTON, Mayor. F. tiV. THOMPSON, FRANK VAN DUELI\IAN, GEO. R. MURPHY, . B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson m o v e cl the adoption of the resolution. Sec- onclecl by Councilman Schueller. Carried by the following vote: V eas-Mayor Wharton, Council- men illurphy, Schueller, Thompson and Van Duelman. Nays-None. F~esoiution No. 83-42 TVhereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, There- fore, I3e It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered tlxat the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Harry Grode aucl Viola Grode, 1635 Central Avenue. Patrick R. Kemuecly and Minnie Kennedy, 2112 Central Avenue. Sohn A. Hochberger and William Hochberger, 1701 Asbury Street. John A. Armstrong and Harriett Armstrong, 39S ll'Iain Street. George \Tarclin, 1105 University Avenue. Alois O. Weitz and ATellie M. Weitz, 201 East 22nd Street . Emil C. Leiser, 1255 Central Av- entte. CLASS °B" PERMIT FOR PRIVATE CLUB Dubuque Lodge No. 355, Loyal Order of Moose, 1379 Central Av- enue. CLASS "C" PERMIT Tenenbonx Super-1Slarket, Inc., 630 Locust Street. Passed, adopted and approved this Sth day of September, 1942. ALBERT WHARTON, Mayor. F. W. THONIPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- oudecl by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- ', men Murphy, Schueller, Thompson and Van Duelman. Nays-None. FIi` Q V ;~, . °~° I i .. ~ 1~-} ~~diournecl .e`ttlar Session, Septembzr Sth, 19-12 Resolution No. 84-Q2 i,,, ',, •j ~il ~~' it I. ~' ~~''_ • ~.~~I~' ',?, jc~ y~ 4I' '`c=~~-- ~ (~ Whereas, heretofore applications Z~,•ere filed by the within named ap- plicants for Beer Permits and they have received the approval of this Council; and ~S'hereas, the premises to be oc- cupied by such applicants have been inspected and fouuct to comply with the orcliuauces of this City anti they have filed a prober 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 applicants a Beer Permit. CLASS "B" PERMIT Harry Gtrode and Viola Grocle, 1635 Central Avenue. Patrick R. Kennedy and Minnie Kennedy, 2412 Central Avenue. John A. Hochberger and William Hochberger, 1701 Asbury Street. John A. Armstrong and Harriett Armstrong, 393 Main Street. Gearge Nardin, 1105 University Avenue. Alois G. Weitz and Nellie NT. Weitz, 201 East 22nd Street. Emil C. Leiser, 1255 Central Av- enue. CLASS "B" PEP~IVTIT FOR PRIVATE CLUB Dubuque Lodge No. 355, Loyal Or- tler of Moose, 1379 Central Avenue. CLASS "C" PERMIT Tenenbom 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 Sth day of September, 1942. ALBERT WHARTON, Mayor. "B" Beer Permit for Private Club, presented and read. Councilman i1Iut•phy moved that the application be referred to the City Council for investigation. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-lIa,yor Wharton, Council- nten Murphy, Schueller, Thompson and Van Duelman. Nays-None. Application of the North Encl Choral Club fora Class "B" Beer Permit for Private Club, presented and read. Conncilnau Schueller moved that the application be referred to the City Council for investigation. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-1\Iayor Wharton, Council- men -Iurphy, Schueller, Thompson and `\rau Duelman. Nays-None. Resolution No. 85-42. RESOLUTION OF THE CITY COUNCIL OF DUBUQUE ,IOWA Whereas, the Bearcl of Couunis- sioners of Public Docks of the City of Dubuque, Iowa, has sPursuant to the authority vested in it by statute, prepared a coutpreheusive general plan for the imptrovement of the harbor and water front of said city, copy of which plan is on file in the office of the Clerk of said city; and Whereas, in the carrying out of said plan said Boat•d of Commis- sioners of Public Docks, acting for and on behalf of the city of Du- buque, Iowa, has entered into a cer- tain contract with the Interstate Power Company of Dubuque, Iowa, copy of which contract is ou file in the office of the Clerk of said city; and g _ F ; I F. W. THOMPSON, Whereas, said contract provides € ~ FRANK VAN DUELMAN, among other things, for an es- ~ _~~~ I, GEO. R. MURPHY, change of properties which will re- ~~ afiE ~i I, l'~ B. A. SCHUELLER, quire vacation of parts of certain ` ~~ Councilmen. streets and alleys hereinafter de- '. 11 I Attest: J. J. SHEA, scribed, and a deed of conveyance F~Ry;<,~' , I - I City Clerk. from the city to said Interstate ~ , I Power Company oY certain lands i . l' ' Councilman Schueller moved the tto~v belonging to said city, includ- ~ i ~ adoption of the resolution. Second- ing the vacated portions of said ed by Councilman Van Duelman, streets and alleys; and ?, i ~ Carried by the following vote: `t -, ~~ Yeas-Mayor Wharton Council- Whereas, vacation proceedings i , ~ , men Murphy, Schueller, Thompson for the put•poses herein stated a.re, Q or will immediatel b i tit t d i and Van Duelman. y e ns u e ; I I V i,~ I Nays-None. Now Therefore, in consideration J t of the premises aucl in order to „ Application of the Hawlceye enable said contract to be carried 9 ~ ~, : ~ , ij ,, I ' ~~ i, ~~ 'j I. i lit i ICI !~ Lodge of Dubuque, Iowa, for a Class out anti performed by said city. ~ I - Adjourned Regular Session, September 8th, 19=12 185 acting through its said Dock Com- mission, and in order to do what- ever is needful for the City Coun- cil to do in order to assist in car- rying out said plan, it is hereby Resolved by the City Council of Dubuque, Iowa, that when said va- cation of streets and alleys has been accomplished the Mayor and City Clerk shall be and they are hereby authorized to execute and place in the hands of said Board of Dock Commissioners, for the pur- poses herein stated, a proper deed conveying to the said Interstate Power Company (using such terms of description as may then be ap- propriate for that purpose if any part or all of the premises be in the meantime platted or re-platted) the premises now described and iden- tified as follows, to-wit: (a) All of the alley through Block Twelve (12) in Dubuque Har- bor Improvement Company's Addition to the City of Du- buque (exclusive of what has been described in Paragraph One (1) of said Contract as pro- perty to be conveyed by the In- terstate Power Company to the City of Dubuque), and all that part of the alley in Block Four- teen (14) of said Addition as lies east of the extension of the property line between lots Eight (S) and Nine (9) of said Block Fourteen (14) and Lots Twenty-eight (28) and Twenty- nine (29) of said Block Four- teen (14), and that portion of Cedar Streets as lies between the alleys in said Blocks Twelve (12) and Fourteen (14). (b) A tract beginning at a point Thirty-two (32) feet southeast- erly of the southeast corner of Lot Fifty-five (55), B 1 o c 1~ Twelve (12), Dubuque Harbor Improvement Company's Addi- tion to the City of Dubuque, ou the north line of Commercial Street extended one-half across Market Street, thence in a southwesterly direction along the center lice of ItiIarket Street to a point Twenty (20) feet northeasterly of the easterly and westerly alley line on the northerly side of the alleys in Blocks Ten (10) and Thirteen (13), Dubuque Harbor Improve- ment Company's Addition to the City of Dubuque, thence gen- erally northwesterly along a straight line Twenty (20) feet northeasterly of and parallel to the northeasterly alley line in Block Thirteen (13), across Lot Sixteen (16) and Commercial Street, to a point of intersection with the present Property line of Interstate, on the southerly lice of Lot Fifteen (15), Rlock Thirteen (13), thence easterly along the southerly property line of Lot Fifteen (15) Du- buque Harbor Improvemeni Company's Addition, to the southerly corner of Lot Fifty- five (55), Block Twelve (12), Dubuque Harbor Improvement Company's Aclditiou, thence southeasterly to the point of beginning. (c) Any and all real estate which may lie between property of In- terstate in Block Twelve (12) aucl Fourteen (14) in Dubuque Harbor Improvement Com- pany's Addition and Lot One (1) of One (1) of One (1) of One (1) of Cangressionai Lot Eight (8) in City of Dubuque, Iowa, and the Dock Harbor Wall on the mainland side as and wherever the same inay be finally constructed so that there will be no land between said property and said wall owned by parties other than Interstate. excepting and reserving from said conveyance au easement and right- of-way, upon and across said prem- ises for the new storm sewer re- ferred to in Paragraph 3 of said contract, the location of which storm sewer is shown on plat at- tached to the contract heretofore re- ferred to as Exhibit C. Passed and approved this 8th day of September, 1942. ALBERT ZVHARTON, Mayor. F. ZV. THOMPSON, FRANK VAN DUELIIIAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- oucled by Councilman Thompson. Carried by the following vote: Yeas-Mayor Z~Tharton, Couucil- 186 adjourned Regular Session, September 8th, 1942 men -Iurphy, Schueller, Thompson and Van Duelman. Nays-None. There Ueing no further Uusimess, Councilman Murphy moved to ad- journ. Seconded Uy Councilman Van Duelman. Carried Uy the fol- lowing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ......................................1942. Adopted ..........................................1942. Councilmen: ~ ...................................... Attest : ................................................ City Clerk. ~: i Special Session, September lath, 1942 1S7 ~~ ~~~~~~ (Official) Special Session, September 1Sth, 1942. Council met at 7:30 P. 1\l. Present-Mayor tiVharton, Coun- cilmen 1\'Iurphy, Schueller, Thomp- son, Vau Duelman and City Man- ager Rhomberg. ivTeeting called by order of Coun- cilmen Thompson and Van Duel- man. Mayor Wharton read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of ac- cepting the donation firom the Gen- eral Drivers and Helpers Local Un- ion No. 421 of the use of a Portable Aluminum Lung and acting on any other business as may properly come before a regular meeting of the City Council. Councilman V-an Duelman moved that the tonation froth the General Drivers and Helpers Local Uuiou No. 421 of the use of a Portable Alnntinum Lung be accepted on be- half of the City of Dubuque and the City 11Iauager to be instructed to ackuosvledge the gift to the Com- munity in an appropriate letter of appreciation. Seconded by Council- man il4urphy. Carried by the fol- lowing vote: Yeas-lIayor Wharton, Council- men &Iurphy, Schueller, Thompson and Van Duelman. Nays-None. Petition of Jas. F. Lee, T. A. Pol- sean and A. L. Mutschler submit- ting requests, pt•esented and read: Request for tlae filing with the City Clerk, for public record anti iuspec- tiou, the amount of public fuucls, services, and City resources, eg_- peuded in the sponsorship of W. P. A. Project No. 4939 for the im- provement of Coa Street and Gar- field Avenue or any other improve- ment connected with this project number. Also for the improvement of Sycamore Street showing the out- lay of public funds and resources, and recovery of same from the Chi- cago, Milwaukee, St. Paul and Pa- cific Raihvay Co., if any; Request is also made, at this time, for the posting with the City Clerk for public inspection, the or- iginal copy of the report of Audit of the Interstate Power Company, and recommendation of the Cana- van-Lang Co., pertaining to the rates for electric service to the City of Dubuque for which $12,215.92 has been paid to date; R equest is also oracle that in order to establish and confirm the facts as to the annual revenue accruing to this Power Company, based on the schedule of rates as adopted by Ordinance, subsequent to this Audit and recommendation, a pro- per statement of annual revenue is requested for the benefit and in- formation of the citizens of Du- buque. Councilman Schueller moved that the three separate requests be com- plied with. No second to the motion of Coun- cilman Schueller. Mayor Wharton declared motion of Councilman Schueller lost due to the fact that his motion did not receive a second. Councilman Vau Duelman moved that the petition be received and filed and the reports be placed om file in the office of the City Clerk. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays-None. There being no further business, i4layor Wharton moved to adjourn. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays-None. J. J. SHEA, City Clerh. Approved ...................................... 1942. Adopted ........................................1942. Councilmen: ~ ...................................... Attest : ................................................ City Clerk. _ ~_~;.i 1~~ Specitti Session, September ?5th, 1942 (®fficial.) Special Session, September 25th, 1913. Council utet at ; :30 p. nt. Present-iVIagror ;~ harton, Coun- cilmen NItu'phy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. :Meeting called by order of Coun- climen Schueller and Murphy. MMayor Wharton read the call and stated that service thereof had been duly made aucl that this meet- ing is called far the purpose of considering ~~l'orlc Proiect No. 6102 for the removal of street car rails in the City of Dnbngne and acting on any other business as may pt'op- erly come before a regular meet- ing of the City Council. tiesolution No, 36-42 WHEREAS, by the terms of Ordinance No. 15-32 of the City cf Dubuque, Iowa, adopted July 12, 1932, the hiterstate Power Com- pany was pe.rmittecl to abandon sti°eet raihvay service under the provisions of the Street Railway Franchise adopted Nlarch 27, 1922 aucl to substitute motor bus serv- ice therefor; aucl WHEREAS. said Ordinance No. 15-32 provided for the removal, at the expense of said company, of rails, ~vooclen ties east other track facilities then located in the streets of said city, said removal to be accomplished according to a certain tune schedule east plan therein set forth; and WHEREAS; ape provision of said Ordinance was to the effect that flee rails and tics placed in the then existing concrete streets ~vanld be permitted to remain un- til such time as clanger to vehicu- lar traffic would require removal, east there is still a considerable gttautity of rails reniaining~ in the streets because of such provision; and WHEREAS, the material of such rails is now sorely ueecled fot• Na- tional Defense and a elan ltas been ~vorl:ecl oat between east among said Interstate Power Company, the City of Dubuque east certain governmental agencies for the present removal of said material without reference to the terms of said Ordinance anti without ex- pense to the City iu order to make same available for l~;atiottal De- fense; anti jVLTEREAS, in order to carry out said plan of present removal of said material for the purposes aforesaid it is necessary that title to said material be transferred to saki City and the Interstate Pow- er C:nttpaug= relieved of further responsibilig= therefor under said Ordinance ido. 15-32; Now there- fore. RE IT RESOLVED by the City Council of Dubuque; Iowa, that said City will, for the purposes hereinabove stated, accept title to said material, to be conveyed to it by bill of sale, and will then con- vey same to the app~•opriate gov- ernmental agency so that said ma- terial can be removed and the streets restored all ~vithout_.ex- . pease to the City; and tipon re- cei~tt ~f such conveyance from said Ittterstatc Power Contpanp said City will release said company fi'om any and all further liability and t•espansibility under said Or- dinance No. 15-32, for the re- moval of said material and for fife restoration of streets after re- tttoval has been acconlnlished; and RESOLVED FURTHER, that said City of Dubuque. Io,,va `will accept saki bill of sale as com- pliance by said Interstate Power Cortpang= with the terms of said Ordinance No. 15-32 in respect to removal of such material; east RESOLVED FURPTHER, that the 11Iag•ot' east City Cleri; be and they are hereby authorized upon receipt of such bill of sale, to exe- cute to said IYttet'state Power Com- pang, in considerat~~p therefor, a full release of any and all fiu'ther resnousibilaty under said Ordin- ance No. 15-32, for the removal of the street car rails, ties au~l other material and facilities still remaining in the streets of said City and for the restoration of saki streets after such removal ltas been aces mplishect, Passed anti approved this 25t1t day of September, A. D. 1942. ALBERT WHARTOiV, Meg=or. F. W. THOMPSON, FRANK VAN DLTEL11IA1~:, GEO. R. MURPHI, B, A. SCHLTELLER. Councilmen. Attest: J. 3. SHEA. Citg= Clerk. Cotncilman Van Duelmau mov- ed the adoption of the resolution. Seconclecl by Councilman Sehuei ter. Carried by the following vote: 5'eas-Mayor Wharton, Council- men Murphy, Schueller, Thomp- son, east ~%an Dnelman. Ways-None. ~~~I i~ ~ -~ ~pccial ~cssion, Septcm'•.~cr ?stn, 19-12 189 September 17, 1942 Ton. tl. _\, Rhomber.~'. City Maua- ~;er, t7ity Hall, Dubunue, Iowa. Re: ti't'ork Project 6i0?, Remove street car rails City of Dttbuque. Deat• sir: We are enclosing Farms 5301, 5302 and supporting rapers which sve would appreciate yore signing as follows: form 5301: Page ? and 3. Form 5303: Page ]. Also included are three copies of a resolution which should be sigre d if the Cit;~ of Dubuque has Passed a resolution in regard to the removal of these rails. Please retttt•n all copies to this office. Four prompt attention to this mat- ter wiil be apprecia±ecl. Very trult~ yours, SVM. H. S11~lITH ~~'. P. A. Ares 5unerintendent. Couucilntan Murph^ moved the comn~itnication be oracle a matter of record. Seconded by Council- man 5'an Duehnan. Ca~•ried by the folIo~ving vote: Feas-Mayor Wharton, Council- men Il~Iurphy, Schuetler, Thomp- sott, Vatt Dttelntau. Nays-Noce. ~esolut3on ido. s37-42 VdHEREAS, John M. Naughton, State Administrator, Works Pre- jects Administration, F e d e r a l Works Agency, acting then the rep- resentative of the Special Projects Branch of the ZVar Production Bcard for Iowa, and representing hitn, ha, requested permission from the ]Municipality of Dabugne, Iowa hereinafter referred to as tine Municipality, to retuove the certsin street car rails. traclt fast- enings attd other metallic track material lying in the streets, or other locations, in said Municipal ity, and has agreed that the Wort. Projects Administration will re- store the streets disturbed by such removal as set out in Paragraph (h? Section I: and WHEREAS, one of the require- ntents of the Work Projects Acl- ministt•ation is that. the Municipal- ity will sell the rails, track fasten- ings and other metallic track ma- terial after their removal from the streets by the iVork Proiects Achnittistrat.ion and their release by the Municipality to suclt re- ceiver as may be designated by the Zi~ar Production Boarcl and will pay to the Work Projects Acl- ministration at 114 Eleventh Streit. Des Moines, Town, the pro- ceeds of such sale without any de- ductions ~^,hatsoever; the pay- ments to be made at such time as t'te IlIunicipality receives pay- ntents for the salvaged anetal; and i'S'LIFREAS, said rails, track fastenings and othet• traclt metal are urgently and inunediately tteedecl in connection with the ~Var frog,•am; and WHEREAS, the D~lunicipality holds legal title to rails, track fast- enings and other metallic track material to be removed as direct- ed by the City Engineer, and is desirous of Navin said rails, track fastenings and other track metal rentovecl from t:he streets and is tivillittg to ccniribute the sane to the successful prosecu- tion of the war program; NO;~', THEREFORE. BG TT RE- SOLVED: 1. that ZVorks Protects Admin- istration be and is hereby given permission to remove said rails, track fastenings and other metal- lic track material located in the streets and other locations of the Municipality and for that purpose to disturb the pavement in the said streets or other surfaces where the rails are located and upon the following terms and con- ditions (a) the 1Vlunicipality agrees to act without commission or other compensation in the sale of the salvaged rails, track fastenings and other metallic material removed from the streets and will partially reimburse t h e Works Projects Administra- tion for the expense of re- moval to the extent of the full amount of money re- ceived from such sale. Such sale shall be made by com- petitive bidding under regu- lar procedure only. (b) all tivork shall be done in a. workmanlike ma~ttter as here- inafter specified: The rails shall be removed with the least amount of distw•bance to the adjoining pavement: the channel openings in the pavement shall be cut to the full depth of the rail and after cleaned of all debris shall be filled and finished with not less than 1:3:5 concrete tnis for base: where concrete is placed for a travel surface the concrete mix shall comply with the standard specifications of the Iowa Highway Commis- sion. No concrete shall be poured against a frozen sur- face and any concrete not properly cured shall be pro- tected from freezing: the excavated materials from the channels such as brick, con- ~~-_ x „. ~~ ~~ ~r_ n ^,'~ ~* 190 Special Session, September 25th, 192 Crete, macadam and asphalt shall be delivered to a point designated by the Street Commissioner or City En- gineer and the streets shall be cleaned of all z•ubbish be- fore being opened to traffic: the finished work shall be kept within a reasonable distance of the removal gang; if the Municipality elects, it znay at the expense of the Municipality furnish at the site of the work, sur- facing materials of asphalt or brick with filler and the required special tools and equipment to place such sur- facing; WPA will furnish the necessary labor. The work shall be clone subject to the inspection and direc- tion of the City Engineer and the Municipality accepts all responsibility fm• title rights, of all track materials, order- ed removed by the City Eu- gineer. (cl rails stall be removed so that tra8ic will he disturbed as little as possible; (d) no rails shall be removed unless avid until the Work Projects Administration is in position to proceed im- mediately with restoration of pavement. II. That no damage to the streets will be claimed by the Municipal- ity providing the Worh Projects Administration performs the work in accordance with said specifica- tions. (City Seal) Date September 25th, 19J2. ALBERT WHARTON, 1lTayor. F. W. THOIIPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councihmen Attest: J. J. SIIEA, City Clez•k. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman, Nays-None. Communication of Alfred W. Rice, City Editor of the La Crosse Tribune, asking that the City desig- nate some reliable znan to serve in the capacity of sounding warn- ings to hunters and others in bot- tomlands of the Mississippi River when drastic changes iu weathez• conditions are to occur, present- ed and read. Councilman Van Duelnzau moved that the communication be referred to the iilayor with power to act. Seconded by Councihuan Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men 1VIurphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of Major Francis P. Quinn submitting lis resigna- tion as a member of the Civil Ser- vice Commission presented and read. Councilman Schueller moved that the communication be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor tiVharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays-None. Commmunication of John B. Mur- ray D. D. S, submitting application for appointment as a member of the Civil Service Commission pre- sented and react. Councilman Van Duelman moved that the conzmunicatiou be refer- red to tle Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men N(urphy, Schueller, Thompson, anct Van Duelman. I~Tays-None. Communication of Martin M. Hu- ber submitting application for ap- pointmeni as a member of the Civil Service Couunission present- ed and read. Conncihnan Van Duelman moved that the communication be referred to the Council. Seconded by Coun- cihman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Couucil- men Murphy, Schueller, Thompson, and V au Duelman. I~Tays-None. Councilman Van Duelman moved that Council proceed by ballot for the election of a. member for the Civil Service Commission. Second- ed by Councilman Thompson. Car- ried by tle following vote: Yeas--Mayor Wharton, Council- men Murphy, Schueller, Tlompson, and Van Duelman. Nays-None. Result of first ballot: Frank Saul one vote; Martin M. Huber two votes; Dr. J. B. Murray two votes. Result of second ballot: Martin M. Huber one vote; Dr. J. B, Mm•ray four votes. Mayor Wharton stated that Dr. J. B. Murray having received a majority of the votes cast that he - ;~I1CC1al ~~SSiU11, ~c;~) 't~_'111~J%1- .'.Jt?7, l-i-~ Ir~l ~'' be declared elected as a member tinned business as of August 15th. of the Civil Service Commission 1942 presentacl and read. to fill the unexpired term of Major Councilman Schueller move d Francis P. Quinn, said term expir that t}xe re nest be q granted and ing 1\Tarch 31, 1946. the City Auditor instructed to draw Councilman Murphy moved that a warrant in the amount of $75.00 a letter be forwarded to Major in favor of the Service Club to Fraxxcis P. Quixtu extending Council cover the amount of refund grant- appreciatioil for tlxe services ren' ecl on the unexpired portion of derecl by hixn as a member of the their cigarette permit No. 153. Sec- Civil Service Couixnission. Second- ouclecl fey Councilman Murphy. Car- ed by Councilman Van Duelman• riect by the following vote: Carried by the following vote: Yeas--I~Tayor Wharton, Cotmcil Peas-11layor Wharton, Council- ' Thompson, Schueller men P;[urphy men Murphy, Schueller, Thompson, I' , , aucl Van Duelman. and Van Duelman. Nays-None. Naps-Noce. Lenz Coutmunication of E F Petition of Nic I~intzinger Es- . . calling attex?tion of the City Coun- fate, by John J. I~intzinger, Ad- ' cil to the condition of the side- tninistrator, requesting a refund ' ~vall~s in front of 109 West Thir- on cigarette license No. 73 as the teenth Street and in front. of 111 sale of cigarettes at the concession "vVest 13th Street and asking that stand at Eagle Point Park has the said sidewalks be ordered re- been discontinued presented and paired pt•eseatPCl and read. read. Councilman Murphy moved that Cottncilnxan Schueller moved the communication be referred t:o that the regttest be granted and the City l!ianager for to iustrttct the City Auditor iustrttcted to the liidezvall~ Inspector to order the dl°aw a warrant in the anxount of property owners to have tiie neces- $ ~ 5.00 in favor of Nic I~intziuger ' sarp repairs ?racle at once. Second- Estate, by John J. I~intzinger, acl- ecl by Councilman Vail Duelman. ministrator, to cover the amount Carried by the following vote: of refund granted on the unexpir- Yeas-l'Iapor ~Trharton, Council- ed portion of cigarette permit Na. men Murphy, Schuller, Thompson, 73. Seconded by Councilman NIur- ancl Van Duelman, phy. Carx•Tecl by the following vote: Nays-None• Yeas-24Tayor Wharton, Couucil- Petition of the Senior High nlen Mul•phy, Schueller, Thompson, School requesting permission to and Tian Duelxnaxx. __ hang a banner across Main Street .RTays-None. betv,'een the Fitzpatrick Company bnildi?xg' and the Dubuque Bttilcl- Petition cf `T%nx. J. Clesen, by ing lresented and read. 1!.cl. S. CTeseix attorney-ixx-fact for Councilman lllurphy xnavecl that ZVm. J. Clesen, 'requesting a refund the request be graxxted. Seconded in the amount of $150.00 on Class by Couuc;ilxnan Schueller. Carried ,B„ Beer Fernlit i\To. 92 and also hp flip following vote: a refund in the axnaunt of $75.00 ' I Yeas-Mayor TVhal•toii, Council- on cigarette permit No. 120 as he ` tuen Murphy. Schueller, Thompson, is discontinuing business as of ~i a.nd Z%a.n Duelman. Septeuther 30, 1942 presented anti Nays--None. read. Petition of George Hohmann re_ Conucilnail P~IurphY moved that questing release of the cigarette the, regtte~i Le ;;ranted and the City ',A, bond and also the beer bond of auditor instluc~tPCl to c+.l•r,.~v a war- Hubert M. aucl Ethel L. Fischbach x'a?xt in the amount of $150.00 in as they have discontinued business favor of ~Vm. J. Clesen to cavex• a,t 1255 Central Avenue presented the a,nlot?nt of refund granted on anti read. the unexpired portion of Class "B" Councilman Thompson moved Beer Permit No. 92 and also to II that the request be granted. Sec- draw a warrant in the amount of E ondecl by Councilman Schueller $' 5.00 iu favor of Wm. J. Clesen 3 • Carried by the. following vote: to cover the amount of refimd Y"eas-Mayor TVharton, Council- granted on the unexpired portion men Mtu•phy, Schueller, Thompson, ' of Cigarette Permit No. 120. Sec- ~ and S%an Duelnan. ondecl by Coluxcilnxan Schueller. Nays-None. Carried by the following vote: Petition of the Service Club re_ Yeas-Mayor Wharton, Council- - questing a refund in the amount men Murphy, Schueller, Thompson, of $75.00 on their cigarette per- and Van Duelnan. xnit No. T 53 as they have cliscon- Nays-None. I i~ !;I '~'rir I,;; ii~,rif^ '' ,"'''! ii i` t ,i,i hl ~ ~,t il~ ~~i', ii ~~,,, ~s ~ ;.', , ... _.~.. ~l ii'i'; I~,4 192 Sl cc~.il ',"~cs~i~~n, ,",cpicmbet- 2~+?x, 192 Ordinance tVo. 22-42 An Ordinance establishing a grade on Lombard Avenue fi•ont Algona Street to Fremont Avenue, said ordinance having been passed upon first and second readings on September 4th, 1942 and ordered placed on file with the City Clerk for public inspection for at least one ~veel~ before its final adop- tion, presented and read a third time. Ordinance No. 22-42 An Ordinance establishing a ~~rarle on Lombard Avenue from Algona Street to Fremont Avenue. lie It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade on Lom- bard Avenue from the east prop- erty line of Algona Street to the west property line of Fremont Avenue, be and the same is here by established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1304. B. M. en the south encl of south- east curb return Algona and Lombard Aventt2, elevation 263.00. Said grade begins at the east pro- perty line of Algcna Street, which is station 0. North curb elevation 264.- 64, south curb elevation 268.00; thence to station 0 plus 50, north and south curb elevation 263.40; thence to station 2 plus 65, north and south curb elevation 247.00; thence to station 4 plus 73, north and south curb elevation 227.97; thence to station 5 plus 23, north and south curb elevation 224.21; thence to station 5 plus 73, north and sottih curb elevation 222.10; thence to station 6 plus 23, west property line of Stetmore Streei to the south, north and south curb elevations 220.30; thence to station S plus 73, east property line of Stetmore Street to the south, north and south curb elevation 220.80; thence to station 7 plus 23, north and south curb elevation 222.10; thence to station 7 plus 73, north and south curb elevation 224.53; thence to station 4 plus 23, north and south curb elevation 229.22; thence to station 9 plus 50, north and south curb elevation 244.00; thence to station 11 plus 40, north and south curb elevation 262.23; thence to station 12 plus 30, north and south curb elevation 265.39; thence to station 12 plus S0, north and south curb elevation 2GG.92; thence to station 14 plus 50, north and south curb elevation 269.40; thence to station 14 plus 44, west property line of Fremont Avenue south; south curb elevation 271.63; #hence to station 15 plus 56, west property line of Fremont Avenue north, north curb elevation 271.70. Section 2. This Ordinance shall be iu force and effect ten (10) days froth and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second readings September 4th, 1942. Pried, adopted and approved September 25th, 1942. ALBERT tiVHARTON, Mayor. F. W. THONTPSON FRANK VAN DUELMAI~T, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 24th day of September, 1942. 3. J. SHEA, City ;,'lets. Councilman Van Duelman mov- ed the adoption of the ordinance. Secoudecl by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duehuan. Nays-.;one. Ordinance tVa. 23-42 An Ordinance granting to Eagles Building Association, Dubuque, Iowa, its successors and assigns, the right to construct and main- tain a loading platform iu the al- ley between P~Iain and Locust streets between 5th and 6th street adjacent to its buildiug~, and pre- scribing the conditions of such per- mit presented and read. Councilman Thompson moved that the rea,cling just hacl be consid- ered the first reading of the or- dinance. Seconded by Councilxnau Van Duelman. Carried by the fol- lowing Grote: Yeas-1lTayor Wharton, Council- men 1lTurphy, Schueller, Thompson, and Van Duelman. Nays-None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas---Iayor Wharton, Council- men Nfurphy, Schueller, Thompson, aucl Van Duelman. Nays-None. The ordinance was tlreu read a second time. Councilman Thompson moved that the reading just had be con- sidered the second reading of the ordinance. Seconded by Council- :~~~~St(~~ :>~_s5inn, ;~<'pt~'Inher ?~tlt, l`~-~? 19~ man Vau Duehnan. Carried by the following vote: Peas--Mayor Wharton, Councih- men Murphy, Schueller, Thompson, and Van Duehnan. Nays-None. Councilman Thompson moved that. the ordinance be placed on file with the City Clerk for pttblic inspection for at least one week before its final adoption. Second- ed by Councilman Van Duehnan. Carried by the followiug vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, and ti'an Duehnan. Nays-None. Returns of service, subscribed a,ucl sworn to by William A. Trentz, Police Officer, certifying that he served a copy of Resolution No. 81-42 a resolution ordering the construction of a permanent side- 1va11; abutting on White Street and the Nest 170 feet of Lot 300, Davis Farm Addition and owned by Albert Fluckiger, also certify- ing that he served a copy of Reso- lution Na. 31-42 a resolution or- dering the construction of a per- manent sidewalk abutting on White Street and the West 170 feet of Lot 317, Davis Farm Addition and owned by Frank Decker, also re- turn of service by registered mail that a copy of Resolution No. 81-42 a resolution ordering the construc- tion of a Permanent sidewalk abut- ting on Avoca Street and Lot 331, Wooclla~vn Park Addition owned by tiV. F. Abbey, presented and read. Councilman 14Iurphy moved that the returns of service be received and placed ou file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Dnelman. 1Tays-None. Conununication of the Civil Ser- vice Commission suggesting that the Clerk of the Civil Service Com- mission be authorized to attend the Annual Conference of Personal Administration to be held at St. Paul, 11Iinnesota on October 1, 2, and 3, 1942, presented and read. Councilman Murphy moved that the Clerk of the Civil Service Com- mission be authorized to attend the 34th Annual Conference on Public Personnel Administration to be held in St. Paul, Minnesota on October 1; 2, and 3, 1942 the expenses of said trip to be borne by the City of Dubuque. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas--Mayor Wharton, Council- men Murphy, Schueller, Thompson, a,ncl Van Duehnan. Nays-Noce. Conununication of Wm. L. Ryan, Chief of Fire Department, request- ing that when the Capitol Oil Com- pany makes application for the erecting of a proposed large gaso- line tank, that. the permit be is- sued subject to foam installation equipment as required by the Na- tional Boarcl of Fire Underwriters, including, maintaining a storage of sufficient amount of foam powd- er and also recommending that the City Council require railroads op- era.ting on Railroad Avenue be- tween Main Street and the River Front to place necessary filling be- tween tracks to permit the pas- sage of fire engines over Railroad Avenue from Plain Street east, pre- sented and read. Councilman Murphy moved that the communication be referred to the City ZVTanager and City Solicitor for investigation and a report. Sec- onded by Councilman Schueller•. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duehnan. Nays-None. September 25, 1942 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen Attached are two sketches sub- mitted by the Dubuque Packing Company showing their proposal as to the grade of the alley between :Maple and Cedar streets from 1Gth to 17th Street. This is a revised method from the one the Council investigated some months ago. I suggest that the Council view the grounds. Respectfully submitted, A. A. RHOMIiERG City Manager. Cowrcilman Schueller moved that the request for change of grade of the alley between Maple and Ceclar streets from 1Gth to 17th Street be granted providing that proper waivers are secured fronx the property owners abutting on the west side of said alley. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas--Mayor Wharton, Council- men N[urphy, Schueller, Thompson, Va.n Duel3nan. Nays-None. September 24, 1942 To the Honorable Mayor and City Council, .Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following ~~- r ~:°; 19-~ Special Session, Septemt~er 25th, 19-2 bond and desire to have -our ap- proval on same for filing: Excava4ion C,eorge F. Pinski, 4S5 Eighth Avenue, Boncl No. 1794120 The Fidelity and Casualty Co. of N. Y. Respectully submitted, A. A. RHOMBERG, City Manager. Cotuicilnlan Murphy moved that the bond be approved and placed on file. Seconded by Councihnau Schueller. Carried by the follow- ing vote: Yeas-Mayor `~~hartou, Council- men iLturphy, Schueller, Thompson, a.lcl Tian Duelman. Nays-i7otle. September 25, 1942. To the honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The terms of Louis Stoffregen and Dale Welch as members of the Planning and Zon- ing Commission have expired. It is necessary for the Council to mare appointments for 5 year terms to expire on May 24, 1947. Dr. Welch has previously notified the Council that the pl•ess of other duties make it impossible for him to accept a new appointment. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that Louis Stoffi•egeu be re-appointed as a member of the Planning and Zoning Commission for a term of five years, said term expiring May 24, 1947. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-lWiayor Wharton, Council- men lyltu•phy, Schueller, Tllolnpson, Van Dttelmatt. 1\Tays-Noue. Councilman Schueller moved that J. Harry Schiltz be appoint- ed as a member of the Planning and Zoning Comntissiou for a term of five years, said term expiring May 24, 1947. Seconded by Council- man Thompson. Carried by the fol- 10\T'tilg 4ote: Yeas-Mayor Wharton, Council- men Tvlttrphy, Schueller, Thompson, and Van Duelman. 1~Ta,ys-None. September 10, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health De- partment, Ciiy Recreation Director and City Waterworks, the yearly report of the Recreation Depart- ment, also a list of claims and payrolls for which warrants were drawn during the month of August. 1942. Respectfully submitted, A. tl. RHOMBERG, City Manager. Councilman Van Duelman mov- ed that the reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas-1Tayor Wharton, Council- nteu 1\lurphy, Schueller, Thompson, and ~'an Duelman. Nays-Noue. September 14, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With regard to the attached petiiioP. of Cat•1 Laur.s- pach asking vacation of alley abttt~it;g I.Cfi 146 and Lot 1 of 1 of 2 of 131 in Finley Actditiou, the Planning and Zoning Commission respectfully recommends that pe- tition be denied. Such vacation would break an otherwise con- tinuous alley rutaning from Univer- sity Avenue to the westerly city limits and alight develop a haz- ard to future expansion in the area affected. Yours truly, DUBUL~UE PLANNING AND ZONING COIITMISSION, Richard V. Mcl~ay, Secy. Councilman Schueller moved that file reconunenclation of the Planning and Zoning Commission be approved. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas-11~Iayor b-dllarton, CouuciI- men Murphy, Schueller, Thompson, and Van Duelman. iVay:; None. eptember 14, 1942. To the Honorable ItTayor and City Council, Dubuque, Iowa. Getitlenlen: Referring to that portion of the attached petition of Iila,uer Manufacturing Company asking vacation of the alley be- t~veen Washington and Elm streets front the north Iine of East 26th Street to the south line of East 27th Street, the Planning anti Zon- ing Couunission respectfully recom- mends that this petition be grant- ed. The Commission suggests, how- ever,.that, the City reserve ease- ments for nnclergrouncl public util- ity services and further recom- mends that the City procure, at I~lauer Danufacturing Company expense in exchange for the ap- proximate 11,000 square feet of land asked to be vacated, sufficient land on the two corners of 26th Street anti Washington Street (some on the northeast corner and . I Special Sessiuti, Se~pielnbcr 'St1E, 1'~-f-~ 195 some on the southwest corner) to remove the present traffic hazard at this intersection. Yours truly, DUBURUE PLANNING AND ZOl\TING COMMISSION, Ey Richard V. McKay, Sec. Councilman Schueller nxoved that the recommendation of the Planuiug• and Zoning Commission be approved. Seconded by Council- man Murphy. Carried by the fol- lotiving vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays-None. Resolution No. 88-fr2 BF. iT RESOLVED by the City Council 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 Dubuaue, be granted a per- mit to sell cigarettes and cigarette papery si*iihin said City and the Manager is directed to issue such permit on behalf of said City, said permit to be effective October 1, 1.942. Mrs. Nielita Chase and Miss Kathleen Dahl, 1654 Central Av= enue. The Great Atlantic and Pacific Tea Co., 2700 Jackson Street. Paul Nlangeno, 301 Eighth Av- enue. Hubert iVI. Fischbach and Ethel Fischbach, 1097 Jackson Street. BE IT FI7RTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 25th day of September, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilxneu. Attest: J. J. SHEA, City Clerk. Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. \Tays-None. Resolution No. 89-42 ZVHEREAS, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same has been examined: NO1V, THEREFORE, BE ZT RESOLVED by the Coun- cil of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall 1}e forthwith inspected. Class "~" Permit Hubert NI. Fischbach and Ethel Fischbach, 1.097 Jaekson Street. Passed, adopted and approved this 25th day of September, 1942. ALBERT WHARTON, Mayor. F. tV. THOMPSON, FRANK VAN DUELMAN, GEO. R. 1/URPHY, B. A, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel- man. Carried b5• the following vote: Yeas-Mayor Wharton, Council- men 1VIurphy, Schueller, Thompson, and Van Duelman. Nays-None. Resolution No. 90-42 WHEREAS, heretofore applica- tion was filed by the within nam- ed applicants for Class "B" Beer Permit and it has received the approval of this Council; and WHEREAS, the premises to be occupied 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 Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following nanxecl applicants a Beer Permit to be effective October 1, 1942. Class "i3" Permit Hubert 14'L Fischbach and Ethel ', Fischbach, 1097 Jackson Street. BE IT FURTHER RESOLVED that the bond filed by such appli- cants be and the same is hereby approved. Passed, adopted and approved thisL5th day of September, 1942. ALBERT WHARTON, Mayor, F. ~uV. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B.A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. 1~%G ~~cr: l ;~cssion, ~eptembt ~ ?;th, 19-'x2 Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas -Mayor Wharton, Council- tnen AIurplay, Schneller, Thompson, anti T%ari Dueltuan. Nays-\'one. Application of the North End Choral Club fora Class "B" Beer Permit for Private Club present- ed and read. Councilman Schnel- ler ntovecl that the application be referred to the City Solicitor for a repast as to whether two per- mits can be issued for the same iniildiug. Seconded by Councilman Van Duehnan. Carried by the fol- lowing vote: Teas-Nlayor Wharton, Council- man Murphy, Schneller. Thompson, and Van Duelntan. Nays-None. Application of the Hawkeye Lodge of Dubuque, Iowa, for a "Class "B" Beer Permit for Pri- vate Club presented and read. Councilman Murphy moved that the application be referred to the City Solicitor for investigation and a report as to the legality of the application for the information of the City Council. Seconded by Councilman Thompsan. Carried by the following vote: Teas-Mayor What•ton, Council- men nlurphy, Schneller, Thompson, and Van Duehnan. Nays-None. Councilman Murphy moved that the 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 Van Duehnan. Carried by the fol- lowing vote: Ti eas-Mayor Vdharton, Council- man Murphy; Schneller, Thompson, and Van Duehnan. Nays-None. Mr. Fabian Beckett acldressecl the Comrcil advising Council that he has submitted an offer in the amount of $500.00 to Dubuque County for the purchase of Lot 1 of Lot S09 of A. McDaniel's Sub- division and requesting that the City Council approve the sale of said property. Councihnan Schneller tivas ex- cused and left the Council :Meet- ing at 9:00 p. m. Communication of County Audi- tor Daykin advising Council that the Board of Supervisors have ac- cep±ed an offer of $500.00 made by Fabian Beckett, Tt°ustee, on Lot 1 of Lot S09 A. McDaniel's Sub- division, subject to the approval of the City Cotncil, presented and read. Councilman Van Duehnan moved that the communication be referred to the Council to view the grounds. Seconded by Couucihnan I1Iurpl~y. Carried by the following vote: Yeas-Mayor Wharton, Council- ruen IbItu•phy. Tho-npson attrl Van Dtteinn~.n. 1\'ays-None. Absent-Conrcihnan Schneller. Resolution No. 91-42 ~VHER17riS, Lot 22 of Yates Sub- division iu the City of Dubuque, Dubuque County, Iowa was sold on February 3. 1936, to Dubuque County, Iowa, by the County Treas- urer of Dubuque County, Iowa, for the delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1934, inclusive, and WHEREAS, the said Dubuque County, Iowa, desires to sell the above described real estate to Harry Pa~•l.er for $25.00, and ZS~HEREAS, the sale of said property by Dubuque County, Iowa, to Harry Parker for a sum less than the total amount stated in the tax certificate including a.ll endorsements of subsequent gen- eral taxes, interests and costs re- quires the written approval of a majority of all the tax levying and tax certifying bodies having any interest in said general taxes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the sale of said prop- erty to Harry Parker for the sum of $25.00 in cash, be and the same is hereby authorized and approved. Passed. adopted and approved this 25th day of September, 1942. ALBERT ZVHARTON, Mayor. F. tiV-. THONIPSO\T, FRANK VAN DUELIt/AN, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following• vote: Yeas-Mayor Wharton, Councih- men Murphy, Thompson, and Van Duehnan. Nays-None. Absent-Councilman Schneller. Tbet•e being no further business Special Session, September 25th, 19'i2 19% Councilman Thompson moved to adjourn. Seconded by Councilman Van Duehnan. Carried by the fol- lotiving vote: Veas-Mayor Wharton, Council- men Murphy, Thompson, and Van Duelman. Nays-None. Absent-Councilman Schueller. J. J. SHEA City Clerk. Approved .....................................1942. Adopted ........................................1942. Councilmen: ~ ...................................... Attest : ................................................ City Clerk.