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1941 January Council ProceedingsRegular Sessi~ (®fficial.) Regular Session, January 6th, 19-11. Council met at 8:10 P. NI. Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, jVharton, City Manager Rhomberg. Mayor Thompson stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as ma}~ properly come before the meeting. Proofs of publication, certified to by the publishers, of notice of levy of spe- cial assessments and intention of the Cit}- Council to issue certificates for the construction of an eight (8) inch vitrified the sanitary sewer in Concord Street from the present wet well in Concord Street and Illarion Street to the center of Coates Street and in Coates Street from the center of Con- cord Street to the west curb line of Frement Avenue and in Fremont Ave- nue from the center of Coates Street about four hundred and seventy-four feet southerly presented and read. Councilman Van Duelman moved that the proofs of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-1~Iayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Leonard D. Schneider objecting to the special assessments proposed to be levied against his prop- erty for the construction of an eight (8) inch vitrified the sanitary sewer in Concord Street from the present Zvet well in Concord Street and 1VIar- ion Street to the center of Coates Street atxd in Coates Street from the center of Concord Street to the tivest curb line of Fremont Avenue and in Fremont Avenue from the center of Coates Street about four hundred and seventy-four feet southerly presented and read. Councilman Van Duelman moved that the petition be referred to the City Council for consideration. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. 6th, 1941° Proofs of publication, certified to by the publishers, of the notice of inten- tion of the City Council to authorize the issuance of certificates for the pur- pose of paying the cost of construction of an eight inch vitrified the sanitary server in Concord Street from the pres- ent wet well in Concord Street and Marion Street to the center of Coates Street and in Coates Street from the center of Concord Street to the west curb line of Fremont Avenue and in Fremont Avenue from the center of Coates Street about four hundred and seventy-four feet southerly presented and read. Councilman Schueller mov- ed that the proofs of publication be received and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-1\Iayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Statement of Donald Bandy, subscrib- ed and sworn to, stating that he post- ed along the line of improvements copies of the notice of lev}* of special assessments and intention of the City Council to issue certificates for the construction of an eight (8) inch vitri- fied the sanitary sewer in Concord Street from the present wet well in Concord Street and Marion Street to the center of Coates Street and in Coates Street from the center of Con- cord Street to the «~est curb line of Fremont Avenue and in Fremont Ave- nue from the center of Coates Street about fora- hundeed and set•enty-four feet southerly presented and read. Councilman lilurphy moved that the statement he received and placed on file. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-1\Iayor Thompson, Councilmen il-Iurphy, Schueller, Van Duelman, Wharton. Nays-None. 12esolution No. 1-41. Resolved by the City Council of the Cit}~ of Dubuque: That to pay for the construction of an eight (8) inch vitrified the sanitary Sewer in Con- cord Street from the present wet well in Concord Street and Marion Street to the center of Coates Street and in Coates Street from the cetxter of Con- cord Street to the west curb line of Fremont Avenue and in Fremont Ave- nue from the center of Coates Street about four hundred and seventy-four feet southerly by Thos. Flyntx Coal Co., contractors, in front of and ad- joining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Special assessment submitted January 6, 1941. ~~. 2 Regular Session, January 6th, 1941. Owner Lot Location Assessment Harriet $. Gratiot ___________ ____ 2 Concord Sub. _____________ _$ 103.85 ,: :: ----------- ---- 3 :: :: ------------- - 51.77 :: ----------- ---- 4 :: .< ------------- - 51.77 :: :: ----------- ---- 5 :< :: ------------- - 50.73 :: :: ----------- ---- 6 .: <: ------------- - 50.73 .: :: ----------- ---- 7 :: :: ------------- - 50.73 <: :: ----------- ---- S :: .: ------------- - 50.73 :: ----------- ---- 9 :: ,: -- ----------- - 50.73 :. :: ----------- ----10 :: :: ------------- - 50.73 Thomas 1;. tiVatters __________ ____11 _-- --------- - 50.73 Harriet ~. Gratiot ------------ ----12 ------------- - 50.73 ,: ,: ----------- ----13 ,: ,: ------------- - 50.73 ~~ << ___________ ____ 1 of 5 Simpsons Add. _______ _ 89.93 . << ___________ ____ 2 of Babcocks Add. _________ _ 291.63 Leonard D. Schneider _________ ____26 Concord Sub.____________- - 84.80 :: ,: --------- ----25 :: :: -_----------- - 51.77 ,. :: :< --------- ----24 ------------- - 51.77 :: :: :. --------- ----23 :: :: ------------- - 51.77 :: :, :: --------- ----22 :: :: ------------- - 50.73 ,: ~: ~° --------- ----21 :: .: -- ----------- - 50.73 :: :: :: --------- ----20 :: :: -- ----------- - 50.73 .: :: --------- ----19 :: :: ------------- - 50.73 :: :< :: -------- -----18 ,: ,: ------------- - 50.73 Thomas ~. Natters ________ _____17 ------------- - 50.73 :< ~~ ------- -----16 :: :: ------------- - 50.73 - :: :: :: -------- -----15 :: :: ------------- - 50.73 :: :: :: -------- -----14 <: :: ------------- - 50.73 Henrietta C. Kiesel___________ _____42 1 of 1 Simpsons Add. _____ _ 66.27 ~ Ruth P. Graves ________42 Alan R 2 of 1 Simpsons Add. _____ _ 56.93 . Clayton Kramer _____________ _____42 2 Simpsons Add. _________ _ 63.36 Clanton Kramer ------------- -----43 2 of 1 Simpsons Add. ____ -- 19.50 ~. Marshall & Marjorie J. Tho mas_43 1 of 1 Simpsons Add. ___-_ __ 103.56 Henrietta C. Kiesel __________ _____43 2 Simpsons Add. ________ _- 54.72 Henrietta C. Kiesel __________ _____44 Simpsons Add. __________ -- 308.37 University of Dubuque _______ _____45 1 of 2 Simpsons Add. ___- __ 103.55 Samuel ~ Rebecca Barvin ___ _____45 2 of 2 Simpsons Add. ____ __ 130.64 $2,649.15 1692 Lin. ft. 8" Vit. Tile Sew- er Pipes @ 1.00____________$1,692.00 33 INTO. of Y branches 8" x 4" @ 2.50 -------------------- 82.50 7 No, of Briclc Manholes complete @ 90.00 _______-- 630.00 10.1 Sq. Yds. Asphalt Pave- ment @ $2.50 _____________ 25.25 804.5 Sq. Ft. Concrete Side- walk @ .12 --------------- 96.54 Interest @ 6% ------------ 21.94 ~xh-a expense @ 4% ------ 100.92 $2,649.15 ,~ . _ . _ Passed, adopted and approved this 6th day of January, 1941. F. W. THOMPSON, MAYOR. FRANK VAN DU~LMAN, ALBT~RT WHARTON, B. A. SCHU~LL~R, G1~O. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Ivlurphy, Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. All of which is assessed in propor- tion to the special benefits conferred. Regular Session, Resolution No. 2-41 15 this O R. AN, ed the :onded ed by Mayor urphy, carton. Resolution Directing the Issuance of Special Assessment Certificates Whereas, On the 14th day of Sep- - tember, A.D. 1940, the City of Du- buque, Iowa, did eater into a contract with the Thos. Flynn Coal Company for the construction of an eight ~8Z inch vitrified the Sanitary Sewer m Concord Street fi•om the present wet well in Concord Street and Marion Street to the center of Coates Street and in Coates Street from the center of Concord .Street to the v~~est curb line of Fremont Avenue and in Fre- moat Avenue from the center of Coates Street about four hundred and seventy- four feet southerly in the manner pro- vided by said contract; and Whereas, The said Thos. Flynn Coal Company, contractor, has fully com- pleted the said work in accordance with the terms of their contract and the plans and specifications thereto at- Cached, and the said work has been duly accepted by this Council as fully complying with the terms, conditions and requirements of the said contract and the plans and specifications; and Whereas, Under the terms of the said contract, so much of the cost and ex- pease of the sail improvement as is by law assessable against property abutting thereon or adjacent thereto is to be so assessed, attd special assess- ment certificates are to be issued in _ anticipation of the collection of such special taxes, which certificates are to be accepted by the contractor in pay- meat of so much of the cost of the said improvement as equals the amount of sttch special assessments, but not exceeding the amount due to said con- - tractor; and 1Vhereas, There have been heretofore levied by this Council against the property abutting upon or adjacent to the said improvement special assess- = meats to the amount of $2,649.15, as shown in the schedule now on file in the office of the City Cleric, which said assessments were levied on the 6th day of January, A.D. 1941. Now Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, that there be issued by the City of Dubuque, Iowa, Sewer Cer- tificates to the total amount of $2,649.15. One certificate shall be issued for each and every separate piece of property assessed, as shown on said schedule, tivhich certificate shall be for the amount of the special taxes assessed ayainst such property and the owners thereof, and the certificates shall be numbered from 1 to 36 inclusive. Such certificates shall transfer to the bearer 6th, 1941. all the right and interest of said City in such assessments, and shall be in substantially the following form, to- wit: $------------ No.--------°--- The City of Dubuque Special Assessment Certificate State of Iowa, County of Dubuque It is hereby certified, that the City Council of the City of Dubuque, in accordance with the law providing for the improvement of streets and alleys by Grading, Parking, Curbing, Paving, Otling, Graveling, 1\Iacadamtzing and Guttering, or by constructing Electric bight Fixtures, Sidewalks or Sewers along the same, or repairs to same, did on the 9th day of August, 1940, order b}- Resolution the construction of an eight (8) inch vitrified the sanitary sewer in Concord Street from the pres- ent wet well iu Concord Street and clarion Street to the center of Coates Street and in Coates Street from the center of Concord Street to the west curb line of Fremont Avenue and in Fremont Avenue from the center of Coates Street about four hundred and seventy-four feet southerly. That aft- erward, to-wit: on the 14th day of September, 19-10, a contract was enter- ed into by the City Council of said City of Dubuque and the Thos. Flynn Coal Company and was filed in the office of the City Cleric before the com- mencement of work, and approved by the City Council, in which the said Thomas Flynn Coal Company, being the lowest bidder, agreed to make such improvement. That the said improve- ment having been completed by said Contractor and accepted by the City Council, and the City Council and City Engineer having ascertained what por- tion of the cost thereof is assessable upon private property, the Council of said City of Dubuque, did on January 6, 1941, duly assess against the fol- lowing property, to-wit: __________ and ______________,. owners thereof liable to assessment for the cost of the same, the sum of ($__ ____________ Dollars, the same being the proportion of the cost of said im- provement by law assessable against said described property. That a cer- tificate of levy of said assessment has been duly filed with the Auditor of Dubuque County, Iowa. That this certificate is issued by the City of Dubuque under and by virtue of Chapter 311 of Title XV, of the 1939 Code of Iowa, and the resolution of said City of Dubuque adopted as afore- said, and is now payable with interest Session, January 6th, 1941. at die rate of six per cent per annum, from the date of said levy, to-~vit: Jan- uary 6, 1941, at the office of the Treas- urer of Dubuque County, unless said ____________________, under the provi- sii~ns of Section 6032, files no written objection to the regularity or legality of this assessment, in which event it is payable as follows, to-wit: In ten equal annual installments; the first of which with interest at the rate of six per cent per annum on the whole assessment from the aforesaid date of levy, is now payable, and the other installments, with the same rate of i interest on the whole aruount unpaid, annually thereafter, at the same time and in the same manner as the March semi-annual payment of ordinary taxes. Upon the payment of any installment, there shall be computed and collected the installment and interest on the whole assessment remaining unpaid up to the first day of April following. It is hereby certified and recited that all the acts, conditions and things re- quired to be done, precedent to, and in the issuing of this certificate, have been done, happened and performed in regular and due forte as required by law. And the City of Dubuque hereby transfers to said Thos. Flynn Company, or assigns, all rights and in- terest of the City of Dubuque in the assessmeut herein described, and the holder hereof is authorized to collect and receive said assessment, by or through any of the methods provided by law for its collection, as the same matures. In witness whereof, the City of Du- buque, by its City Council, has caused this certificate to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City af- fixed, this ____ day of ________--1941. Countersigned: --------------------------Clerk, __lllayor ------------------------ That there shall be attached to said certificate ten coupons, to be filled out and signed in the event that the owner of the property described in the cer- tificate shall have made no written ob- jection as to the legality or regularity of such assessment. Said installment coupons shall be in substantially the following form, to-wit: __________Installment Coupon No.____ Due larch 31, 19___. $-------- The owner of the property described in Assessment Certificate No. ------- having made ito v~=ritten objections, as provided in Section 6032 of the Code of 1939, and having agreed to pay the assessment mentioned ul said certifi- cate, the holder of this coupon is en- titled to receive the sum of ________-- Dollars, being the ____ Installment of said assessmeut, together with interest at the rate of sis per cent per annum upon the while unpaid amount of said Certificate, as provided by law and by said Certificate. This Coupon must be surrendered to the Treasurer of Dubuque County, Iowa, before said installment can be paid. --------------------------Cleric, --------------ll'layor. Be It Further Resolved, That the 1layor and City Cleric be and they are hereby instructed to execute said certificates, and when so executed that they be placed on file in the office of the City Clerk fora period of thirty days from and after the date of the making of the said assessment, to-ivit, the 5th day of Februar}~, A.D. 1941, to the end that the owner of any lots or parcel of real estate, against which an assessment has been made, may, within said time file written objection as to the legality or regularity of such assessment. In all cases where no such filing is made the property owner shall be deemed to have waived objec- tion on these grounds and shall have the right to pay said assessment, with interest thereon not exceeding six per cent per annum, in ten equal install- ments. Be It Further Resolved, That at the expiration of said period of thirty days, the City Treasurer be and he is here- by instructed to deliver said certifi- cates unto the Thos. Flynn Coal Com- pan, the contractor for the said im- provement, and to take his receipt therefor, said certificates to be so de- livered to said contractor in payment of so much of the cost of ronstruction of an eight (S) inch vitrified the San- itary Sewer in Concord Street from the present wet well in Concord Street and Marion Street to the center of Coates Street and in Coates Street from the center of Concord Street to the v~~est curb line of Fremont Avenue and in Fremont Avenue from the center of Coates Street about four hundred and seventy-four feet southerly, as is rep- resented by said certificates. _~ _ 12egu1ar Session, Passed, adopted and approved this 6th day of January, 1941. p`, W. THOMPSON, Mayor. FRANK VAN DUEL-,MAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councihnau Wharton. Carried by the following vote: Yeas - IVIa}=or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. January 6, 19=11. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-The atached resolution was unanimously adopted at a meeting of the Planning and Zoning Commis- sion of the City of Dubuque in session Friday afternoon, January 3, 1911. Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION, R. V. McKAY, Secretary. Resolution Whereas, On January 3, 1939, the City Council of the City of Dubuque approved the recommendation of the City Planning and Zoning Commission of the City of Dubuque and_ consented to and approved of the plan of the Iowa State Highway Commission to locate U. S. No. 20 on Dodge Street; and Whereas, Such relocation of U. S. No. 2p was but a part of the major plan which contemplated the erection of a future river bridge on the line of Dodge Street extended; and ZVhereas, The Code of Iowa pro- vides as follows: "5829.09. POWERS. Such cit}= plan commission shall have full pow- er and authority to make or cause to he made such surveys, studies, maps, plans, or charts of the whole or any portion of such municipality and of any land outside thereof which in the opinion of such commission bears relation to a comprehensive plan, and shall bring to the attention of the council and may publish its studies and recommendations. "5829.10. RECOMMENDATIONS AS TO IMPROVEMENTS. No statuary, memorial, or work of art in a public place, and no public build- ing, bridge, viaduct, street fixture, 6th, 1941. 5 public structure or appurtenance, shall be located or erected, or site there- for obtained, nor shall any permit be issued by any department of the municipal government for the erec- tion or location thereof, until and unless the design and proposed loca- tion of any such improvement shall have been submitted to the city plan commission and its recommendations thereon obtained."; Now, Therefore, Be It Resolved, That the Planning and Zoning Commission recommend to the City Council that the Master Plan of the City of Dubuque be amend- ed to provide for location of a new river bridge on the line of Dodge Street extended as per attached plat. CITY OF DUBUQUE PLANNING AND ZONING COMMISSION, Rt. Reverend Monsignor J. M. Wolfe, Chairman. Frederick E. Bissell. ~Vlliiam Avery Smith, Richard V. McKay. R. DeWitt Waller. The above resolution was unanimous- ly carried by the vote of the members present on the 3rd day of January, 19-}1. --------------------------------- R. V. McKay, Secretar}=. Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man. Nays - None. Councilman Wharton not voting. Councilman Murphy moved that the City Solicitor be instructed to prepare the proper proceedings for amending the Master Plan of the City of Du- buque to provide for location of a new bridge on the line of Dodge Street ex- tended as recommended by the Plan- ning and Zoning Commission. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas - Ma}=or Thompson, Councilmen Mur- phy, Schueller, Van Duelman. Nays- None. Councilman Wharton not vot- ing. January 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The firemen of the city have asked to be relieved of the responsibility of going on out of town calls until the requirements of the law have been ful- filled. Section 5766.I of the Code of 7 Regular Session, January 6th, 1941. Iowa provides as follows: "Jurisdic- tion outside limits-petition. On peti- tion of a corporation, organization, in- stitution, or other municipality, situat- ed without the corporate limits of a city or town to such city or town coun- cil, and the acceptance of the petition by such council on terms and condi- tions prescribed by it, the jurisdiction of the city or town for fire purposes shall thereby be extended to such cor- poration, organization, institution or other municipality. Fireman operating equipment used on fires without the corporate limits of a city or town shall be entitled to all the nghts and priv- ileges as provided by chapters 322 and 322.L" The Council has heretofore infor- mally stated that the fire department tivould respond to fire calls from relig- ious, charitable and educational insti- tutions within a t~n~o and one-half (2%) mile radius of the city. This ac- tion did not constitute an acceptance of the petitions nor did it prescribe the terms and conditions which would ex- tend the jurisdiction of the city for fire purposes as the statute requires. I therefore, recommend that the re- quest of the firemen be granted. P.espectfully submitted, A. A. RHOMB~RG, City Manager NIr. Nick Grommersch addressed the Council requesting the opening of Sa- bina Street to the intersection with Burlington Street and also to connect the water mains on the two streets. Councilman Wharton moved that City 'i\~Ianager Rhomberg and Superinten- dent of Water Department Hail be au- thorized to confer with Ivlr. Nick Grommersch relative to his verbal re- quest that the Council investigate the possibility of opening Sabina Street to the intersection with Burlington Street and also for to connect the water mains on the two streets and to submit a re- port back to the Council aCo ncilma i meeting. Seconded by Van Duelman. Caried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-Noce. Notice of Claim of John Stegemann in the amount of $22.00 and also of I,ee Hillis in the amount of $25.10 for damages to their automobiles due to a collision at the intersection of Dodge Street and Grandview Avenue and in which they claim that the accident was caused on account of the traffic lights not being in working order presented a.ud read. City Solicitor Kintzinger recommended that the claims be dis- allowed. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and that the claims be ordered disallowed. Iowa Municipalities requesting the City Councilmen Murphy, Schueller, Van Councilman Wharton moved that Seconded by Councilman Murphy. Car- the rules be suspended for the pur- rigid by the following vote: Yeas - pose of allowing any one present in ?Via}-or Thompson, Councilmen Mur- the Ceuncil Chamber, who wished to phy, Schueller, Van Duelman, AVhar= do so, to address the Council. Sec- ton. Nays-None. onded by Councilman Van Duelman. Carried by the following vote: Yeas- Warranty Deed of T. J. O ;Donnell Mayor Thompson, Councilmen Mur- and Winifred O'Donnell, his wife, cou- phy, Schueller, Van Duelman, Whar- veying and selling to the City of Du- tori. Nays-None. Captain Fratik buque for public park purposes only Motsch addressed the Council asking i,ot 1 of Piuehurst presented and read. that their request he granted as recom- ~ Councilman Van Duelman moved that mended by City Manager Rhomberg. the Warranty Deed be accepted and Councilman Murphy moved that the ordered recorded with tlae County Re- recommendation of City Manager corder. Seconded by Councilman Rhomberg be approved. Seconded by ZVharton. Carried by the following Councilman Van Duelman. Carried by vote: Yeas-Mayor Thompson, Coun- the followiu~~' vote: Yeas-Mayor cihnen Murphy, Schueller, Van Duel- Thompson, Councilmen Murphy, man, Wharton. Nays-None. Schueller, Van Duelman, Wharton. Communication of the League of Nays-None. Original Notice of Suit of Frank of Dubuque to send one or more rep- Carter, Administrator of the estate of resentatives to attend the legislative Julia Carter, Deceased, Plaintiff, vs. conference to be held in Des Moines, City of Dubuque, Iowa, Defendant i.n Iowa, on January 22nd and 23rd Pre- the amount of $4,650.00 presented and sented and read. Councilman Whar- read. Councilman Van Duelman mov- ton moved that City Manager Rhom- ed that the Original Notice of Suit be berg and City Solicitor Kintzinger be referred to the City Solicitor. Sec- authosoewish.atSe ondedcbyf CouncilE onded by Councilman Wharton. Cai•- they rigid by the following vote: Yeas -- man Van Duelman. Carried by the tol- Mayor Thompson, Councilmen Mur- lowing vote: Yeas-Mayor Thompson, pphy, Schueller, Van Duelman, Whar- Duelman, Wharton. Nays-None. ton. Nays-None. Regular Session, January 6th, 1941. 7 Communication of Board of Dock Commissioners submitting Quit Claim Deed from the City to 1Vlorr_tson Broth- ers Company covering Lot -4 in Block 13, Dubuque Harbor Improvement Company's Addition and requesting that the proper officials be authorized to execute said deed, this deed being given in l;xchange for a Quit Claim Deed from Mot•rtson Brothers Com- pany of Lot 17 in Bloclc 17 of Dubuque Harbor Improvement Company's Addi- tion, presented and read. Councilman Van Duelman moved that the Mayor and City Clerk be authorized to exe- cute said deed on behalf of the City of Dubuque. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Communication of Jos. Cramer sub- mitting offer in the amount of $300.00 for the purchase of Lot 1 of 9 in NIc- Craney's 1st Addition presented and read. Councilman Wharton moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas: Ma- yor Thompson, Cotincilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Clarence 1Vlanders, Nlan- ders & Walther Dairy Products, re- questing a permit to erect a small cheese factory on Lot 13 of Randall's Subdivision, which is now zoned as a ttvo-family district presented and read. Councilman Van Duelman moved that the petition be referred to the Planning and Zoning Commission for their rec- ommendation and report. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen IVlurph}*, Schueller, Van Duelman, Wharton. Na}*s-None. Petition of W. C. Norton et al re- questing the City Council to adopt a City Ordinance making it a misdemean- or to beat a taxi fare or else that the license fee of $1.50 per year be sus- pended presented and read. Council- man Wharton moved that the petition be referred to the Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Paul T. Woodnorth et al requesting that English Lane be im- proved from Mt. Loretta Avenue southerly to the northerly line of lYlin- eral Lot 33 by constructing curb and gutter and graveling, and to cause the same to be assessed in proportion to the benefits conferred, after all WPA benefits are secured presented and read. tilr. Joseph P. Schiltz addressed the Council requesting that the prayer of the petition be granted. Counctlman Schueller moved that the petition be granted and that the City Manager be instructed to prepare a plat and sched- ule showing the cost to be assessed against the lots or parcels of groun•i subject to assessment for said proposed improvement. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Alfred Wunder, referred to the City Council by the Board of Supervisors, requesting cancellation of the 1939 taxes on Lot 51 of Corrells Dubuque assessed to Lena Wunder, Lot 1 of South 39.40 of Lot 80 of L. H. Langworthys Addition assessed to Lena Wunder, and Lot 26 of Finley Home Addition assessed to Al, Wun- der presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Celia Howe, referred to the City Council by the Board of Su- pervisors, requesting suspension of the 1939 tales on Lot 17 of Yates Sub- division presented and read. Council- man Van Duelman moved that the pe- tition be referred to the Cit}* Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-Noce. January 6, 1941. To the Honorable IVlayor And City Council, Dubuque, Iowa. Gentlemen: Referring to the attached petition of the Board of Dock Commissioners re- questing vacation of certain streets in connection with the river front devel- opment in Dubuque Harbor Improve- ment Company's Addition, it is the sense of the Plamting & Zoning Cont- missiou that while there is no partic- ular objection to vacating these streets, a substitute plat showing proposed re- arrangement of streets serving the property should be adopted at the same time. This would save two sets of advertising costs, two hearings, etc., as well as avoiding the possibility of having no streets for access to the propert}*. Therefore, the Planniny and Zoning Commission recommends to City Coun- cil that the Board of Dock Commis- ~, ~ Regular Session, January 6th, 1941. sinners be asked to submit a revised plat for adoption at the same time the proposed street vacations are enacted. Respectfully submitted, Dubuque Planning & Zoning Commission. R. V. NIcI~ay, Secretary. Councilman Murphy moved that the recommendation of the Planning and "Loring Commission be approved. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas - l~Iayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. January 6, 1941. To the Honorable Nlayor And City Council, Dubuque, Iowa. Gentlemen On Jut}' 1, 1931 the City acquired deed to the Undivided One-Half of Lot 9 of McGrath's Subdivision. Du- buque County has since acquired the other undivided half interest and pro- poses to sell it to Louis Duggan for the sum of $241.44• Since the city has realized nothing on this property for the past ten years, I recommend that the half interest of the city be sold to Louis Duggan for the same amount of $241.44. Respectfully submitted, A. A. RHOI\IBDRG, City Manager Passed, adopted and approved this 6tYt day of January, 1941. F. ~~%. THOMPSON, Mayor. FRANK VAN DUDI-,MAN, ALBERT WHARTON, B. A. SCHUDI,I,DR, GDO. R. A-IURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. January 6, 1941. In re: Claim of Charles S. Duffy Honorable Mayor and l/embers of the City Council, City of Dubuque. Gentlemen: ~~1ith reference to the claim filed by Charley S. Duffy on December lU, 1940 in regard to damages caused by large stones thrown through his win- dow from adjoining property, whthe adjoining property is owned by . City of Dubuque, I am of the opinion that there is no liability, and that this claim should be denied. I am returning herewith the claim. Respectfully submitted, JOHid J. KINTZING~R, City Solicitor. Councilman Van Duelman moved that the recommendation of City Soli- citor I~intzinger be approved and the claim ordered disallowed. Seconded by Councilman Schueller. Carried by the follotiving vote: Yeas-Mayor Thompson, Councilmen Murphy> Schueller, Van Duelman, Wharton. Navs-None. Councilman Van Duelman moved that the recommendation of City 1\Ian- ager Rhomberg be approved. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 3-41 Be It Resolved By the City Coun- cil of the City of Dubuque, Iowa that it is deemed advisable to sell the Un- divided One-Half of Lot Nine (9) of NlcGrath's Subdivision in the City of Dubuque to Louis Duggan for the sum of Two Hundred Forty One and 44 /100 ($24L44) Dollars, and to exe- cute a quit claim deed of said prem- ises to said grantee and deliver thf same to him upon the payment of saic purchase price. Be It Further Resolved, That the T~Iayor and Clerk of said City of Du buque, be, and they are hereby author ized to execute said deed on behalf o the City of Dubuque, and to affix thereto the official seal of said City. Resolution No. 4-41 Be It Resolved by the City of Du- buque that the following, having coni- plied with the provisions of law relat- ing to the sale of cigair~ited aip in the City of Dubuque, beg er- mit to sell cigarette and cigarette pa- pers within said City and the Manager is directed to issue such permit on be- half of said City. John Luber 2417 Rhomberg Avenue Nlrs. Melita Chase-1322 Central Ave- nue. Nlrs. Bernice Galle-241 Main Street. Mrs. 1?lizabeth Grimme-310 1~ast 30th Street. r~th t h+. ,ilti by pry p1i~ ~t'i tl t ads by tlic '1' h Sc Na Regular Session, January 6th, 1941. 9 Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 6th day of January=, 19-11. F. W. THOMPSON, Mayor. FRANK VAN DU1;I.lIAN, AI,BFRT WHARTON, B. A. SCHLTI;LI,I~R, GFO. R. iYIURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Illayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-i\Tone. Resolution Ido. 5-41 ZVhereas, Application for Class "B" Permits have been submitted to this Council for approval and the same have been examined: Nov, Therefore, Be It Resolved by the Council of the City of Dubuque that the follol~=ing applications be and the same are here- by approved and it is ordered that the premises to be occupied by such ap- plicants shall be forthwith inspected. Class "B" Permit 1\~Irs. hmma Zillig-2222 Central Ave- nue. Wm. J. Canfield, Jr.-4th & Central Avenue. J. L. Spielman and Susan Spielmau- 601 Rhomberg Avenue. I1Irs. Melita Chase-1322 Central Ave- nue. Passed, adopted and approved this 6th day of January, 1941. F. W .THOMPSON, b4ayor. FRANK VAN DUhI,IvIAN, AL,B$RT WHARTON, B. A. SCHUI;LLI;R, G)~O. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerlc. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 6-41 Whereas, heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, The premises to be occu- pied by such applicants have been in- spected and found to comply with the ordinates of this CitS= and they have filed a proper bond: LVow, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following Warned persons a Beer Permit. Class "B" Permit dirs. Emma Zillig-2222 Central Ave- nue. Wm. J. Canfield, Jr.-4th & Centra] Avenue. J. L,. Spielman and Susan Spielman- 601 Rhomberg Avenue. 1\Irs. Melita Chase-1322 Central Ave- nue. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 6th day of January, 1941. F. ~V .THOI\IPSON, Mayor. FRANK VAN DUEI,MAN, AI,B~RT WHARTOIV, B. A. SCHU~L,I,~R, G)~O. R. 1~-IURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy-, Schueller, Van Duelman, Wharton. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilmatt \Vharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. 7. J. SHWA, City Clerk. Approved ______________________1941. Adopted ------------------------1941. ---------------------- Councilmen: ~ _________________._____ I 1---------------------- Attest: ------------------------------ City Clerk. ~~ ,', I`~~ iil `.~ __ 10 Special Session, January 21st, 1941. ® - ~ (Official) Special Session, January 21st, 1941 Council met at 7:50 p. m. Preseut-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Van Duelman and Wharton. Mayor, Thompson read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting on the petition of the Board of Dock Com- missioners and on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved that J. J. Hail be appointed to act as Clerk Pro Tem in the absence of City Clerk J. J. Shea tivho is sick. Seconded by Councilman Wharton. Carried by the following vote. Yeas-Mayo S hhteller, son, Councilmen Murphy, Van Duelman, Wharton. Nays-None. Bond of Harry J. Hanover, City Assessor, in the amount of $1,000.00 covering the term beginning January 1st, 1941 and ending April 1st, 1941, presented for approval. Councilman Schueller moved that the bond be ap- proved and placed on file. Ca riedd~d by Councilman Murphy. the following vote. Yeas-Mayor Schttelle~n~ VatCo Duelman, Whai-pton Nays-None. Drillers Bond of A. A. Born of Pap- illion, Nebraska, in the amount of X5,000.00 presented for approval. Coun- cilman Murphy m laceddton filee Sec be approved and p onded by Councilman Wharton. Car- ried by the following vote: Yeas - l~layor Thompson, Councilmen Mur~ phy, Schueller, Vau Duelman, Wham ton. Nays-None. Councilman Wharton moved that the rules be suspended for the purpose o allowing any one present in the Coun cil Chamber, who wishes to do so, b address the Council. Seconded b Councilman Van Duelman. Carried b the following vote: Yeas-Mayc Thompson, Councilmen Murph! Schueller, Van Duelman, Whartot Nays-None. Messrs. Backes an Hertzog addressed the Council asl my the City Manager and City Cout cil to do what they can in re-openir the repair work on the West Locu Street Sewer. Petition of the Dubuque Trades and tabor Congress requesting the City ~ouncil to adopt a resolution assuring tnyone who is drafted from his job ~r position and after having served is time and that upon his return that to will be re-instated on his same job ~r position and will not lose his sen- iority rights presented and read. Coun- cilman Murphy moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Vau Duelman, Wharton. Nays-None. Petition of the Dubuque Park Board requesting that their Department be relieved of the responsibility and care of the stairways at Madison Street to North Main Street, Fifteenth and Blur`I Streets to Montrose Terrace and Elev- enth and Bluff Streets to Highland Place and also the lighting of the 1/ad- ison Street stairway ih order that all their funds may he devoted to strictly park purposes presented and read. Councilman Murphy moved that the petition be referred to the Council. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas - Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, 'tVhar- ton. Nays-None. Petition of file University of Du- bugtte requesting that if buses are to continue to operate on Algona Street between University Avenue and Grace Street that a study be made as to limiting the parking of automobiles to one side of the street presented and read. Councilman Schueller moved that the petition be referred to the City ll/anager and Chief of Police for in- vestigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thomp- son, Cotncilmen Murphy, Schueller, Van Duelman, Wharton. Nays-i~,Tone. Petition of the Dubuque Community Chest requesting that the Mayor each year appoint two members to the Board of Directors for a period of one year presented and read. Councilman Van Duelman moved that Messrs. A. M. 1 Bennett and ~. T. Frith be appointed - as members of the Board of Directors > of the Dubuque Community Chest As- ~ sociation for a period of one year. Sec- / onded by Councilman Wharton. Car- r Tied by the following vote: Yeas- Mayor Thompson, Councilmen Mur- t~ phy, Schueller, Van Duelman, Whar- d ton. Nays-None. i_ Petition of Maude ~. Connors, re- g ferred to the City Council by the ~t Bension ofsther 1940 staxesuont then M. Special Session, January 21st, 1941. 16 feet, 9 inches of I,ot 8 of the Sub. of City I,ot 601 presented and read. Councilman Murphy moved that the petition be referred to the City Solici- _ for for investigation and report. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Thompson, Councilmen 1\Iur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of Irma Woodward Wallis et all requesting the paving of a street twenty-five feet in width and the in- stallation of sewer, water and gas on Dillon Street from Grandview Avenue to the first alle}= south of Curtis Street presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote. Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- = man, Wharton. Nays.-None. Petition of the Board of Dock Com- missioners requesting the Cit}~ Coun- cil to arrange for an amendment to their Budget set-up by increasing it to the extent of $=1,000.00 so that they will be at liberty to continue with the river front improvement work now in prop- - Tess and take care of current expendi- tures presented and read. Councilman Wharton moved that the petition be referred to the City 1\Ianager and City Solicitor for investigation as to the necessary procedure and report back to the City Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of the Dubuque County Chapter of the National Foundation for Infantile Paralysis requesting per- - mission to place Coin Collectors on the street corners at 7th, 8th and 9th on Main Street and on 8th and Locust - Street on January 25th, 1941 presented and read. Councilman Murphy moved that the request be granted. Second- " ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen l~lurphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Saint Joseph Sanitarium requesting permission to connect a fire alarm box circuit to the City box cir- cuit presented and read. Councilman Wharton moved that the petition be referred to the City Manager for in- vestigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. 11 Petition of Peter W. ILlauer, as At- torney for Al. V. Poire, requesting a remittance of the unused portion of the cigarette license fee of Al. V. Poire, Hamel}= for the last two quarters of the year from January 1, 1941 to July 1, 1941 presented and read. Councilman Wharton moved that the City Auditor be instructed to draw a warrant in the amount of $25.00 in favor of Al. V. Poire to cover the amount of refund granted on his cigarette license as he has discontined business at 1638 Cen- tral Avenue on January 20th, 1941. Sec- onded by Councilman Van Duelman. Carried b}= the following vote: Yeas -1\~iayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of November, 1940 presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing rote: Yeas-IVlayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Council Proceedings for the month of October, 1940 presented for approval. Councilman D/urphy moved that the Council Proceedings for the month of October, 19-10 be approved as print- ed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas:-Mayor Thompson, Cotmcilmen Murphy=, Schueller, Van Duelman, ZZjharton. Nays-None. Ordinance No. 1-41. An Ordinance am:.nding an Ordinance entitled, "Or- dinance No. 107. An ordinance creat- ing a Board of examiners for plumb- ers, providing for fees to be paid to said members, for examination and li- censing of plumbers; filing the fees for certificates and licenses; and pre- scribing apenalty for violation thereof" by repealing the first sentence of Sec. III, and enacting a substitute therefor, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Cotmcilman Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Whar- ton. Cat•ried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. The ordin- ance was then read a second time. Councilman Van Duelman moved that 12 special session, January 21st, 1941. the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas - Mayur Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. January 17, 1941. To the Honorable 1l/ayor And Cite Council, Dubuque, Iowa. Gentlemen: l herewith submit the reports of the City Auditor, City Treasurer, City I3ealth Department, City ZVater De- partment and City Recreational De- ~artment for the month of December, 1940, also a list of claims and list of payrolls for which warrants were drawn during the month of December, 1940. Respectfully submitted, A. A. RHONIBRRG. City Manager. Councilman Van Duelman moved that the reports be received and placed on hle. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-l~layor Thompson, Councilmen Murphy, Schueller, Van Duelman, \-Wharton. Nays-None. January 14, 1941. Honorable Mayor and 1~Iembers of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Alfrew Wunder, for Cancellation of Taxes on: I,ot 51 Correll, Dubuque assessed to Lena (1\Irs. Al.) Wunder; I,ot 1 of S. 30.40 of I,ot 80 I,. H. I,angy's Add., assessed to Lena (Nirs. Al.) Wunder; L,ot 26 Finley Home Add., assessed to Al, Wunder, be cancelled. I recommend that the Petition should be approved by the City Council of the City of Dubuque for suspension of taxes, and notifica- tion of such approval given to the Board of Supervisors of Dubuque County, Iowa. In re: Petition of Celia Howe for suspension of the 1939 taxes on I,ot 17, Yates Sub., City of Dubuque I recommend that the Petition be ap proved by the Council and that thf Board of Supervisors be notified of sair. action. Respectfully submitted, JOHN J. KINTZINGRR, City Solicitor Councilman Van Duelman moved that the recommendations of City So- licitor Kiutzinger be approved anct that the Board of Supervisors be noti- fied of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas -1llayor Thompson, Councilmen 1VIur- ph}', Schueller, Van Duelman, Whar- ton. Nays-None. January 11, 1941. In re. Claire of Mrs. l7lerlin I~luck Honorable i,Iayor and h-?embers of the City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim filed by 1lrs. Alerlin Iluclc on December 11, 19-10, because of injuries received in a fall crossing the alley from Montgom- ery Ward's to Roshek's on eighth Ave- nue, on account of a defect in the brick crossing, I have made an inves- tigation of this claim, and talked to the claimant and am of the opinion that there is no liability, and therefore recommend that this claim be denied. I am returning herewith the claim of Mrs. Merlin K1uck. Respectfully submitted, JOHN J. KINTZING$R, City Solicitor. Councilman Van Duelman moved that the recommendations of City So- licitor Kintzinger be approved and that the claim he ordered disallowed. Secoudecl by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Ida}~s-None. January 20, 1941. In re: Claim of Yatherine A. Mettel Honorable 11/ayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim filed by Katherine A. Mettel on December 18, 1940 because of an injury received in a fall at the northwest corner at the intersection at 21st and Jackson Streets, I have made an investigation in this case and I am of the opinion that there is a defective and dangerous condition existing as set forth in the notice above referred to; that Katherine A. Mettel claims for actual damages the sum of $175.00 and $2325.00 for pain, suffer- ing, permanent injury aiid disability. I have talked this matter over with her attorney and am of the opinion that this case should be settled. They have agreed to accept $500.00 in full - ~~ ~~. T . -_ _ - ~- -- - ~ _ _ ___ ....- `, Special Session, ~anuagy 21st, 1941. 13 and execute a release to the City of Dubuque. I recommend that t'Y,e claim be al- lowed in the sum of $500.00, and that a warrant be executed payable to Smith and O'Connor, attorneys for Katherine A. IVlettel, and that the same be de- livered upon the execution and delivery of a proper release to the City of Du- buque. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Schueller moved that the recommendation of City Solicitor Kint- zinger be approved and that the City Auditor be instructed to draw a war- rant in the amount of $500.00 payable to Smith & O'Connor, Attorneys for Katherine A. 1lettel, as settlement in full of the claim and that said warrant be delivered upon the execution and delivery of a proper release to the City of Dubuque. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Nlayor Thompson, Coun- cilmen 1l/urphy, Schueller, Van Duel- man, Wharton. Nays-None. Resolution Tiro, 7-41 Be It Resolved by the Cit}> Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sale of cig- arettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Hubert J. Kress, 1382 Central Ave- nue. (Transfer of address from 1348 Central Ave.) Veterans of Foreign Wars Club, 243 West Tenth Street. Fred Herber and Annabelle Herber, 1638 Central Avenue. Be It Further Resolved that the bonds filed with the applications be ap- proved. Passed, adopted and approved this 21st day of January, 1941. F. W. THOIIPSON, I\Iayor. FRANK VAN DU~I;MAN, AI,B~RT WHARTON, B. A. SCHU~LL,DR, GAO. R. MURPHY, Councilmen. Attest: J. J. SHI;A, Cit}~ Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Councilman MurpFiy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 8-41 Whereas, Application for Class "B" Beer Permits have been submitted 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 follow- ing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspect- ed. Class "B" Permit John Weig, 500 Rhomberg Avenue. Fred and Annabelle Herber, 1638 Central Avenue. Hubert J. and Nlary Kress, 1382 Cen- tral Avenue. (Transfer of address from 1348 Central Avenue. Passed, adopted and approved this 21st day of January, 1941. F. W. THOnIPSON, Mayor. FRANK VAN DU~I,P~IAN, AL,BI;RT WHARTON, B. A. SCHUI;TaI,~R, GAO. R. ?MURPHY, Councilmen. Attest: J. J. SHWA, City Cleric. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman ?Murphy. Carried b}~ the following vote: Yeas-Nlayor Thompson, Councilman Murphy, Schueller, Van Duelman, ~ZTharton. Nays-None. Resolution No. 9-41 Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and ZVhereas, The premises to be occu- pied by such applicants have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereb}* directed to issue to the following named persons a Beer Permit. Class "B" Permit John Weig, 500 Rhomberg Avenue. Fred and Annabelle Herber, 1638 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. ', ~: ,~: 14 Special Session, January 21st, 1941. Passed, adopted and approved this 21st day of January, 1941. F, W, THOMPSON, Mayor. FRANK VAN DU~LMAN, AL,B~RT WHARTON, B. A. SCHURI,I,~R, GRO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Carried dby by Councilman Murphy. the following Councilmen eas MM P 9, Thompson, Schueller, Van Duelman, Wharton. ,,, Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. J. J, sH~A, City Clerk. Approved 1941. ---------------------- Adopted ------------------------1941. Councilmen: j----------------------- Special Session, January 3lst, 1941. ~~ ~~~~sl (®fficial.) Special Session, January 31st, 1941 Council met at 7:50 P. M. Present-Mayor Thompson, Council men Murphy, Schueller, Van Duelman Wharton, City Manager Rhomberg. Meeting called by order of Council- men Schueller and Murphy, Mayor Thompson read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the report and recommendation of City Manager Rhomberg and City Solicitor Kintzinger upon the petition of the Board of Doclc Commissioners and act- ing on any other business as may prop- erly come before a regular meeting of the City Council. Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: With reference to the petition of the Board of Dock Commissioners of the City of Dubuque under date of Janu- ary 15, 1941 and referred to the Citv Alanager and City Solicitor for inves- tigation and report, we wish to report as follows: That the Doclc Commission has ex- ceeded the amount appropriated to them for the year 1940-41; that because of unanticipated funds received from miscellaneous revenues there is now on hand belonging to the Board of Dock Commissioners of the City of Du- buque an amount in excess of $4000.00; that said $4000.00 is needed by the Dock Commission at this time to carry on work now in progress and to pay current expenditures; That we have consulted with the State Comptroller in regard to the matter. We are of the opinion that the only way that this money can be made available to the Board of Dock Com- missioners is by amending the budget and appropriation ordinance of 1940-41: that a time and place be fixed for a hearing on the question of amending the budget and appropriation ordin- ance, and that at said time any inter- ested person or persons, who desire, may appear and object and oppose the same. We recommend that the Council pass a resolution fixing a time and place for hearing on the question of amending the budget and appropriation ordin- 15 ance, and that the same be published by the City Cleric as by law provided. Respectfully submitted, A. A. RHOMBI;RG, City Manager. JOHN J. KINTZING~R, City Solicitor. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and City Solicitor Kint- zmger be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 10-41 Whereas, The Dock Commission of the City of Dubuque has filed a Peti- tion with the City Council of the City of Dubuque to the effect that the cost of the river front improvement work has exceeded the amount available to the Dock Commission under the Bud- get and Appropriation Ordinance of 1940-41; and Whereas, The receipts of the Dock Commission as from miscellaneous sources exceeded the amount antici- pated and there remains available to the Dock Commission moneys in ex- cess of the suin of $4000.00; and Whereas, It is necessary for the Dock Commission to have available said $4,000.00 in order to continue with the work in progress and to take care of the current expenses; and Whereas, Said Petition was by this Council referred to the City Manager and City Solicitor for investigation and report; and Whereas, Report has been made by the City Manager and City Solicitor that the Budget and Appropriation Or- dinance for the year 1940-41 should be amended so as to make available to the Dock Commission $4000.00, and that notice should be given of the time and place of the hearing on said mat- ter so that any interested persons may appear and object; Therefore, Be It Resolved By The City Council Of The City Of Dubuque: That the report of the City Manager and City Solicitor in regard to the above matter, be, and the same is hereby approved. That the City Clerk is hereby direct- ed to cause to be published in the offi- cial newspaper of this City at least once a notice of the time and place of hearing on the Ordinance to amend the Budget and Appropriation Ordin- ance, said notice to be published at least ten (10) days before the hearing. Be It Further Resolved, That the City Council meet on the 14th day of ~' ;3x ~^ I~ ,r- ; a-`. , ';" 16 Special Session, January 31st, 1941. Feberttar} , i9~1, at 1 :30 P. \I., in the Council Chamber iu the City Hall of the City of Dubuque for tl:e purpose of conducting a hearing on the Ordinance to amend the Budget and Appropriation Ordinance as aforesaid, at which time any interested person or persons will be given a full opportunity to be heard upon any objecttons or protest thereto. Passed, adopted and approved this 31st day of January, 1941. F. W..THOIIPSON, Mayor. FRANK VAN DU>~LI\IAN, ALBERT WHARTON, B. A. SCHUL;LLFR, GIGO. R. MURPHY, Councilmen. Attest: J. J. SHRA, City Cleric. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor 'Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. January 31, 19-11. In re: Claim of John t~. Cunningham Ilonorable 7/ayor and Members of the City Council, City of Dttbuque, Iowa. Gentlemen: 1Vith reference to the claim filed Jul}• 19, 19-10 and action commenced thereon in the District Court of Du- buque County, Iowa, being No. 39651, La~~ , John A. Cunningham, plaintiff, vs. the City of Dttbuque, beutg for damages in the sum of $20,000.00 be- cause of injuries received on or about June 28, 1910 iu a fall on the north- east corner of highth and IVlain Streets in the City of Dubuque, Iowa, he claims that he stepped on the curb at the corner and ~vlule using ordinary care for his own safet}~ stepped, stum- bled and fell on a defective and broken part of the sicle~valk and curb, which said broken and defective condition con- sisted of a part of the curb and side- ~vallc being btroken therefrom making the same dangerous and unsafe; that he received a severe fracture of the bones of his left hip requiring services of a physician, was confined to his home for a long period of time, suffered ph}~sical pain and mental anguish, and that his injuries are of a permanent nature; that he sustained actual dam- ages in the sum of $733.00 and dam- ages in the amount of $1250.00 for loss of time. I have investigated this case and am of the opinion there is a very close question as to liability, This case can be settled for $700.00 which is less than the actual damages. I recommend that the claim be al- lowed in the sum of $700.00; that a warrant be issued payable to claimant for sal 1 amount; that the same be de- livered to him upon the esecutiou and delis-er}- of a release and a written dis- missal with prejudice of Petition No. 29651 La«~, John A. Cunningham vs. the City of Dubuque, new pending in fire District Court of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZING~R, City Solicitor. Councilman Murphy moved that the recontmendatiou of City Solicitor Kint- zinger be approved and that the City Auditor be instructed to draw a war- rant in the amount of $700.00 in favor of John A. Cunningham, as settlement in full of his claim and quit, and that said warrant be delivered upon receipt of a release and a written dismissal with prejudice of the suit now pending in the District Court of Dubuque Coun- ty, Iowa. Seconded by Councilman ZV harton. Carried by the following vote: Yeas-11~Iayor Thompson, Coun- cilmen 1\~Iurphy, Schueller, Van Duel- man, \~~harton, Nays-None. Councilman ~'Vharton moved that the petition of Leonard D. Schneider ob- jecting to the sewer assessments levied against his property for the sanitary sewer constructed in Concord Street, in Coates Street and in Fremont Ave- nue be received and filed. Seconded by Councilman Van Duelman. Carried by the foilotvinf vote: Yeas-Mayor Thompson, Councilmen Murph}~, Schueller, Van Duelman, Wharton. Nays--Noce. There being no further business, Councilman Wharton moved to ad- iourn. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Illayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Na}~s-None. J. J. SH Crty Clerk. Approved -----------------------1941. Adopted ------------------------1941. Councilmen: j ---------------------- Attest: ----------------------------- City Clerk.