The URL can be used to link to this page

1941 February Council ProceedingsRegular Session, February 3rd, 1941. ~~ G (.®fticial) ss, .d- an ng tn- el- >41. Regular Session, February 3rd, 1941 Council met at 7:50 P. IVI. Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman; Wharton, City Alanager Rhomberg. Mayor Thompson stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Communications of Mark L. Conk- ling, Mayor of Des 1\Ioines, Iowa, also of Paul V. Betters, Executive Secre- tart' of The United States Conference of Mayors, extending invitation to the Mayor and Members of the City Coun- cil to attend the conference of Mayors to be field in St. Louis on February 20th and 21st, 1941 presented and read. Councilman Wharton moved that the communications be received an•d filed. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-IVfayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Na}=s-None. Notice of Claim of Mrs. Peter Beav- er in the amount of $51.25 for personal injuries sustained in a fall on the icv intersection of ZVest 22nd Street pre- sented and read. Councilman Van Duel- man moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded b}= Councthnan Schueller. Carried by the following vote: Yeas-Ma}=or Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Mrs. Ada Harris request- ing permission to create an apartment in the second floor of her single fatnil_v residence as this dtivelling is now in a single family district presented and read. Councilman Murphy 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 Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Local No. 659 Building and Common Laborers requesting per- mission to use the tract of land west of the Athletic Field for a carnival to he held the 1st or 2nd week during the month of May, 1941 presented and read. Councilman Wharton moved that the request be grante3 with the understanding that they comply with the City Ordinances. Seconded by 17 Councilman Van Duelman. Carried by the following vote: Yeas-Mayor 1 hompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Catherine S. Lundbeclc, referred to the City Council by the Board of Supervisors, requesting sus- p~ nsion of the 1940 taxes on Lot 11 of Cox's Addition and also on Lot 242 \Vondlawn Park Addition presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Mur- phy. Carried b}= the following vote: Yeas- IVIa}=or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Trausch Baking Company requesting permission to construct an underground gasoline storage tank of 5,000 gallons under the sidewalk next to the other storage tanks on the east side of their property presented and read. Councilman Wharton moved that the City Solicitor be instructed to prepare the proper proceedings, Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas -l~Iavor Thompson, Councilmen Mur- phy, Van Duelman, Wharton. Nays -None. Councilman Schueller not voting. Petition of Klauer IVlanufacturing Company requesting the vacation of the Alley between Eighteenth Street and Nineteenth Street and between Elm Street and the Railroad Tracks pre- sented and read. Councilman Wharton moved that the petition be referred to the Cit}= Solicitor to prepare the proper proceedings. Seconded by Councilman Schueller. Carried b}= the following vote: Yeas-Tlayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-I~TOne. Grant and Easement Know all men by these presents: That in consideration of $1.00 in hani paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 38 Bellevue Add. iu the City of Du- buque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lot 38 Bellevue Ad•d. for the purpose of constructing a Sanitary Server and Water Nlain with the right to go upon said premises at all reasonable times for the purpose of inspecting and repair- ing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said Sani- ~~. ~ .,~- ,:.T. ~..: --~---- 1~ Fegular Sessian, February 3rd, 1941. Lary Se«°er and Water Main to good condition as it was in before same was disturbed. This Grant of Basement shall binding upon the undersigned, heirs, executors, administrators, chasers and assigns forever. DUBUQUBCOUNTYBOARD OF SUPBRVISORS. B}~ THOS. IVIcDBRMOTT, Chairman. State of Iowa, Dubuque County, ss. Be it remembered that on this 26th day of December, 1940, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, Thos. McDermott, Chairman, who is person- ally known to me and acknowledged that he executed the foregoing instru- ment as his voluntary act and deed. JOHN R. DONIAYBR, Notary Public in and for Dubuque County, Iowa. Be It Resolved by the Board of Su- pervisors of Dubuque County, Iowa, that the easement executed and ac- knowledged on behalf of this county granting and conveying to City of Du- buque, a perpetual right of easement, in, over and across I,ot 38 Bellevue Add. for the purpose of constructing a sanitary sewer and water main, exe- cuted on the 24th day of December, 1940, is hereby approved and confirm- ed by this Board. Ayes: Supervisors THOS. McDBRMOTT, JOB BAUI,B, L,. J. SIGWARTH. son, Councilmen Murphy, Schueller, Van Dueltnan, Wharton. Nays-None. Council Proceedings for the month of November, 1940 presented for ap- proval. Counctlman Van Duelman mov- ed that the Council Proceedings for the month of November, 1940 be ap- proved as printed. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Noys-None. Ordinance No. 1-41. An Ordinance amending an ordinance entitled, "Or- dinance No. 107. An ordinance creat- ing aBoard of Bxaminers for plumb- ers, providing for fees to be patd to said examiners, for examination and licensing of plumbers; fixing 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, said ordinance having been passed up- on first and second readings on January 21st, 1941 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, presented and read a third time. An Ordinance amending an ordi- nance entitled, "Ordinance No. 107. An ordinance creating a Board of Bxarn- iuers for plumbers, providing for fees to be paid to said examiners, for ex- amination and licensing of plumbers; fixing the fees for certificates and li- censes; and prescribing a penalty for violation thereof" by repealing the first sentence of Sec. III, and enact- ing asubstitute therefor. Be It Ordained By The City Coun- cil of the City of Dubuque: 1. That an ordinance entitled "Or- dinance No. 107. An ordinance creat- ing aBoard of Bxaminers for plumb- ers, providing for fees to be paid to said examiners, for examination and licensing of plumbers; fixing the fees for certificates and licenses; and pre- scribing apenalty for violation there- of," be, and the same is hereby amend- ed by repealing the first sentence of Sec. III: which first sentence of said Section is hereby repealed. 2. That said ordinance be amende3 by enacting in lieu of the first sentence of Sec. III, the following: "The compensation which shall be paid to the members of the Plumbing Board shall be Five Dol- lars ($5.00) per diem, but in no case shall the compensation ex- ceed pay for twelve (12) per diems per year." I, Allan T. Daykin, County Auditor, hereby certify the above to be a true and correct copy of resolution passed by the Board of Supervisors of Du- buque County on the 24th day of De- cember, 1940. AI,L,AN T. DAYKIN, County Auditor and Secretary tc the Board of Supervisors,. Dubuque County, Iowa. Councilman Van Duelman moved that the Grant and Basement be ac- cepted and ordered recorded with the County Recorder. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thomp- Regular Session, February 3rd, 1941. 19 3. This ordinance shall be in force and effect ten days from and after its final passage, approval an•i publication as provtded by law. Passed upon first and second read- ings this 21st day of January, 1941. Passed, adopted and approved upon final rea3ing this 3rd day of February, 1941. F. W. THOMPSON, Mayor. FRANK VAN DUFL,MAN, AL,BFRT tiVHARTON, B. A. SCHUFLI,$R, Councilmen. Attest: J. J. SHFA, City Clerk. Published officially in The Telegraph- Herald newspaper this 5th day of Feb- ruary, 1941. J. J. SHFA, 2-5-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Schueller, Van Duelman, Wharton. Nays -None. Councilman Murphy not voting. Februar}> 3, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen As you know, we have had difficulty in meeting the payment of limited levy bonds with the maximum levies per- mitted by law. The problem of meet- ing maturities of these bonds in even greater amounts during the fiscal years 1943-44 and 1944-45 raises the question of how the money is to be obtained. $verything possible should be done to meet the situation without having to refund any of these bonds. To refund the bonds would not be paying the City's indebtedness, but simply extend- ing the debt for a longer period and obligating the funds which will be need- ed for other purposes. Therefore, I recommend that the Council create sinking funds by setting aside unexpended balances in other funds which can be spared for this purpose. I believe enough money can be saved in this manner which, with the funds already available, will meet the bond maturities and avoid having to refund any of them. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the fcllo~ving vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution ~Io. 11-41 Resolution and Application for Permanent Transfer of Funds Whereas, The City of Dubuque is- sued Grading Bonds on September 1, 1924 in the amount of $100,000.00, Im- provement Bonds on July 1, 1926 in the amount of $275,000.00, and Im- provement Bonds on July 15, 1930 in the amount of $60,000.00; and Whereas, The retirement and inter- est charges on these bonds of $73,900.- 00during the fiscal year beginning April 1, 1943 and of $70,325.00 during the fiscal }year beginning April 1, 1944 greatly exceed the taxes that can be obtained from the maximum statutory levies of /mill for the Grading Fund and 1 % mills for the Improvement Fund; and Whereas, In order to pay these ob- ligations when due it is necessary to create sinking funds by setting asi•3e unexpended balances in other funds which can be spared for this purpose; and Whereas, There is now in the hands of the City Treasurer and credited to the General Fund the sum of $64,272.55 of which $36,000.00 is available for transfer to the Grading an3 Improve- ment Funds above referred to for debt service; and Whereas, It is deemed necessary to make transfers of $18,000.00 from the General Fund to the Grading Fund and of $18,000.00 from the General Fund to the Improvement Fund; and Whereas, Before any transfer can be made from the General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon: Now, There- fore, Be It Resolved By the City Coun- c31 of the City of Dubugue that, sub- ject to the approval of the State Comp- troller, there be and there are hereby transferred from the General Fund for the purpose of creating sinking funds, the sum of $18,000.00 to the Grading Fund and the sum of $18,000.00 to the Improvement Fund, and the State Comptroller is hereby petitioned to au- thorize and approve such transfers for such purpose; and Be It Further Resolved, That upon the approval of such transfers the Aud- itor of the City of Dubuque is directed to adjust his books accor~3ingly and to i ,, , , ~ i Il l l ! ''' ''! ''''I~ ~I I i ~I;'illllri 4 I~ : , Zp Regular Session, February 3rd, 194E - _ ! ,iil~~ bl' ~- - , gyp: l;, ;,~p;; ll~li ~, ~ h ;il '' notify the Treasurer of such transfers, Excavation , !I; !.. ~ !ir'I ! !' i ''I[ and such notification shall be accom- A j,, Hammel, 2251 Prince Street; , , l ,i j , ih';'" fl'I' parried by a copy of this resolution Bond No. 139114, Western Surety Co. , , ; ' ~ I'~'!~!~''~~' ~ .and the record of its adoption. H. B. \IcCarten, 231 West Fifth III'; ~'''I'i'~II~I ~ ~~ l The resolution was passed, adopted Street; Policy No. 0-80794, American Co ' Ins l ~! II i i~ l ; f and approved by unanimous action o . . oyers E.np Ise}, City Gas Company, 669 1Vlaiu I, i ll i ;'',,~I!o,'',,~Il~llili o the City Council on the 3rd 'laY ll members there- d =41 Street; Boud No. 735673, The Filel I I I, ! a , an Febrtary, 19 ity & Casuality Co. of N. Y. I !: ' ~' 'i~li' ' of signed their names thereto, ;1lullen Bros. & Co., 1036 I4lain , ' ' ~' ' jli.", II'I dill''. ~ ! THOMPSON, ~~Iayor. ZU F Street; Bond No. 53481, Continental ,Il,li ~,, ~llil, ~ ~ li i' !! i ~ . . FRAi~TIL VAN DUDI,ll'IAN, Casualty Co. Respectfully submitted, i I i !ii, ~'llll,~l, l ` ' I l ALBERT WHARTON' A. A. RHOMBERG, ,r, .~l; , '' . !~'. ' ' lil~l;l ,~ , ' ','I'$''i „' B. A. SCHUELLER, MURPHY City Manager. ,,~ l~l,l GEO. R. ~.'li~,a,'i~'9 ~' ~iitlil~',.'I Councilmen. Attest: J. J. SHEA, City Cleric. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Councilmen 1~Iurphy, Schueller, Van Duelman, Wharton. Navy-None. February 3, 19-11. To the Honorable Il/ayor And City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held January 21, 19-41 the petition of Saint Joseph's Sanitarium requesting permission to connect a fire alarm box circuit to the City alarm circuit was referred to the City 1\~Ianager for in- vestigation an3 report. I have investigated the situation with Fire Chief Ryan and recommend that the petition be granted with the un- derstanding that any expense involved be borne by the petitioners. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City IVIan- ager Rhomberg be approved. Second- ed by Cotmcilntan Murphy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays - 1\TOne. January 28, 1941 To the Honorable b'fayor And .City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approv- ed the follo~•ing bonds and policy and desire to have your approval on same for filing: Personal John A. Brady, Clerk of Police Court, Bond No. 52643, Central Surety & Ins. Corp. Councilman Van Duelman moved that the bonds be approved and placed ou file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. February 3, 1941. To the Honorable Illayor And City Council, Dubuque, Iowa. Gentlemen At the session of the City Council held January 6, 1941, the Cit}* ~Iana- ger was instructed to prepare a plat and schedule showing the cost to be assessed against each lot and parcel of real estate subject to assesment for the improving of English Lane from 1\~It. Loretta Avenue southerly to the northerly line of 1~Iineral L,ot 33 by constructing curb and gutter and grav- eling, after all W. P. A. benefits are secured. We have prepared the plat and sched- ule. However, considerable opposi- tion to the improvement has developed and the chief petitioners, Mr. Joseph Schiltz and Mr. Paul T. Woodnorth have tl}is day expressed their desire to leave the proceedings halted. I, therefore, recommend that the pe- tition for the improvement of English Lane be received and filed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Vata Duelman. Carried by the follo~ying vote: Yeas-Mayor Thompson, Councilmen ~4urphy, Schueller, Van Duelman, Wharton. Nays-None. February 3, 1941. To the Honorable Mayor And City Council, Dubuque, Iowa. Gentlement; Pursuant to your instructions, agree- ments have been entered into for Firz ;'c~;uYar Session, February 3rd, 1941. 21 Protection with the institutions outside the corporate limits of the City of Du- buque. I am submitting the agreements with the following: Hillcrest Baby Fold, St. Joseph's Sanitarium, Home of the Good Shepherd, Mount St. Ag- nes Novitiate, St. Mary's Orphans' Home, the Immaculate Conception Acadmey, St. Francis Home for the Aged, the Brunswick Radio Corpora- tion, ~. F. Frith Company, and the Mount St. Francis Convent, for your acceptance and approval as provided iu Section 5766.I of the 1939 Code of Iowa. Respectfully submitted, A. A. RHOMBI;RG, City Manager. Councilman Van Duelman moved that the agreements be accepted and approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-D/ayor Thompson, Coun- cilmen 1\Iurphy, Schueller, Van Duel- man, Wharton. Nays-None. February 1, 1941. Honorable Mayor and Members of the Cit}> Cottncil City of Dubuque, Iowa. Gentlemen: In re: Petition of PJdaude E. Connors forSuspension of Taxes on: Sub of City L,ot 601 iI. 16'9" of I~ot 8, asking that the 1940 tas be suspended because of infirmity, I recommend that the Petition should be approved by the City Council of the City of Dubuque, and notification of such approval giv- en to the Board of Supervisors of Du- buque County, Iowa. Respectfully submitted, JOHN J. KINTZING~R, City Solicitor. Councilman D-Iurphy moved that the recommendation of City Solicitor Kint- zinger be approved and the petition of Maude ~. Connors requesting suspen- sion of the 1940 taxes on Sub. of City I,ot 601 M, 16' 9" of L,ot 8 be granted and the Boar3 of Supervisors to be no- tified of the action of the City Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Diayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Resolution I~Io. 12-41 Whereas, applications 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 inspected. Class "B" Permit Louis _~nthoine and Agnella An- thoine, 119 West Sixth Street. Hugh D. Kelly and Augusta Kelly, 2600 Central Avenue. Passed adopted and approved this 3rd da}> of February, 1941. F. W. THOMPSON, 1blayor. FRANK VAN DUI;LMAN, AI,B~RT WHARTON, B. A. SCHUI:L.I.ER, GAO. R. MURPHY, Councilmen. Attest: J. J. SHRA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Cotutcilmau Schueller. Carried by the follotiving vote: Yeas-1~Iayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Na}>s-None. Resolution No. 13-41 Whereas, Heretofore applications were filed by the tivithin named appli- cants for Class "D" 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 Mana- ger be and he is hereby directed to is- sue to the following named persons a Beer Permit. Class "B" Permit Hubert J. Kress and Mary Kress, 1382 Central Avenue. (Transfer of ad- dress from 1348 Central Avenue). Louis Anthoine and Agnella An- thoine, 119 West Sixth Street. Hugh D. Iielly and Augusta Kelly, 2600 Central Avenue. Be It Further Resolved that the bonds file3 by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of February, 1941. F, W. THOMPSON, Mayor. FRANK VAN DURI,MAN, AI,B~RT WHARTON, B. A. SCHUFI.L~R, GRO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Cleric. 22 Regular Session, February 3rd, 1941: 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. 14-41 `Vhereas, A state of national emer- gency exists as a result of which the National Guard is being mobilized, and a national conscription act is being put into effect; and Whereas, Many employees of the City of Dubuque including civil serv- ice employees are subject to call or enlistment into the tilitary service of our country; and Whereas, In their absence temporary employees will assume their duties; and Whereas, It seems advisable to for- mulate and fix a definite policy with relation thereto; Now, Therefore, Be It Resolved By the City Cottncil of the City of Du- buque: 1. That upon application to the City Council, a leave of absence will be granted to any employee including civ- il service employees entering the mili- tary or nursing service of the United States of America, which will continue for the duration of his service during the emergency. All rights of employ- ees including those acting under civil service, shall be preserved during ap- plicant's absence. The period of the military service of any civil service em- ployee shall be cumulative in comput- ing his civil service seniority. Grants of leave shall be certified to the Civil Service Commission as and when made. 2 .Temporary appointments to fill the positions of civil service employees entering the military or cursing serv- ice shall be made from the civil service lists. Appointments made for vacancies created by those entering the military service shall be considered temporary only and shall be promptly vacated upon the return of the permanent em- ployee. Upon the retirement of a temporary employee he shall not be placed upon the three year preferred list as in the case of the diminution of employees or the abolishment of the position of a regular employee. The status of a temporary employee shall remain the same as if he had not been temporarily employed except that in the event of the failure of the perman- ent employee to return to his positiott, the appointment of the temporary em- ployee shall be considered permanent and his seniority date from the time of his original appointment except as herein limtted; all employees appoint- ed from the civil service lists shall have full civil service rights. 3. Such temporary appointments shall subscribe to and agree to abide by all the terms and conditions hereof as conditions precedent to their em- ployment. Passed, adopted and approved this 3rd day of February, 1941. F. ~V. THOMPSON, Mayor. FRANK VAN DUEI-,MAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Wharton 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. Councilman Wharton moved that Thomas M. Stampfer be re-appointed as a member of the Board of Doci~ Commissioners for a term of three years, said term expiring November 26th, 1943. Seconded by Councilman Schueller. Carried by the following vote: Yeas-l~iayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Councilman Wharton moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, bUhar- ton. Nays-None. Mr. Nick Grom- mersch addressed the Council request- ing that an investigation be made as to the possibility of opening Sabuta Street to the intersection of Burling- ton Street and also to connect the wa- ter mains on the two streets. Coun- cilman Wharton moved that the City Manager and Water Superintendent be instructed to again confer with Mr. Nick Grommersch and investigate the possibility of opening Sabula Street to the intersection of Burlington Street and also to connect the water mains on the two streets and to submit a further report back to the City Coun- cil. Seconded by Councilman Van Duelman Carried by the following vote: Yeas-Mayor Thompson, Coun- Regular Session, l cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. J. J. SH1~A, City Clerk. Approved _______________________1941. Adopted ________________________1941. --------------------- Councilmen: ~______________________ l~---------------------- L---------------------- Attest: -----°-----°------------------ City Clerk. ~ebruary 3rd, 1941. 23 ;~ ,.:__ x <a ;z ^I'I _ I it , 11 i III 1I„i' I ('L I,' 24 ~~ecial :,ession, February 14th, 1941. i I ,!~~ ', i~~ ~ ® a dzr to continue the work in progress lii;';I and to take care of current expenses; ,,, I I''~; and '~'''~ ~ ~ iaiji' OFFICIAh) ,~ r I' '~li,,'''!~i~~ Sperial Session, February 14th, 19-41. '' i h'-„ r . ''i lll!,''I1'!~'il Council met at 7:30 P. lei. ~ ~~'~i"'"'!~''' P Present-Ma}'or "Thompson, l;oun- ,,'!~ilb.,, ' ~q i cilmen iMurphy, Schueller, Van Duel- `~~ i li''i~'! ('j~i man, 1Vharton, City Manager Rhom- `i'~il~,!,~~~'!I~', berg. ~'i . i ~ ; C i. ,,,, cilmen Schueller and Murphy. Mayor Thompson read the call and I stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing on the proposal to amend the Budget and Appropriations Ordinance of the City of Dubuque for the fiscal year, 19.10-41, and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the official notice of the hearing on the proposal to amend the Budget and Appropriation Ordi- nance of the City of Dubuque, Iowa, for the fiscal year 1940-41 presented and read. No written objections filed and no persons present in the Council Chamber objecting to the proposal to amcnl the Budget and Appropriation Ordinance of the City of Dubuque, Iowa, for the fiscal year 1940-41. Coun- cilman Van Duelman moved that the proof of publication be received aucl filed. Seconded by Councilman \Vhar- ton. Carried by the following vote: 'Yeas-;\ia}nor Thompson, Councilmen Murphy, Schueller, Van Duelman, V~'harton. Nays-None. Resolution No. 15-41 ~S'hereas, The Budget for the fiscal yzar 19.40-1941 of the City of Du- buque vas adopted and approved by the Resolution of the City Council of the City of Dubuque ou March 20, 1940; and Whereas, The Dock Commission of the City of Dubuque filed Petition with the Citv Council to the effect that the cost of the river front improve- ment work has exceeded the amount available to the Dock Commission un- der the Budget, and under Appropria- tions Ordinance No. 3-40; that the re- ceipts of the Doclc Commission from miscellaneous sources has exceeded the amount appropriated in the sum of more than $4000.00; and that it is ne- cessary for the Dock Commission to have available at least $4000.00 in or- Whereas, There is on file in the of- fice o fthe City Clerk proof of publi- cation of Official Notice of the pro- posal to amend the Budget for the fiscal year 1940-1941; and tiVhereas, The Notice notified all in- tzrested persons of their right to ob- ject to the Amendment to the Budget as proposed, on or before 7:30 P. M., February 14, 19.41; and Whereas, No objections have been filed or made to said proposed Amend- ntznt to the Budget; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque: That the Budget adopted for the fiscal year of 19.10-41, be, and the same is amended in the following respects: Bp striking from: group XIYI Docks "Item 153D "G. Rip Rap and Surfacing_$ 2,314.97 2,314.97 "Subtotals Group XIII- Docks ___________________ 18,949.00 "(Dock Tax Fund-$16,689.- 00; Misc. Docl: Revenue__ 2,260.00 And b; suustituting therefor, the fol- lowing: group XIII-Docks "Item 153D "G Rip Rap and Surfacing__$ 6,314.97 6,314.97 "Subtotals Group XIII- Docks ___________________ 22,949.00 "(Dock Tax Fund-$16,689.- 00; Misc. Dock Revenue__ 6,260.00 Passed, adopted and approved this 14th day of February, 1941. F. W. THOi\IPSON, Mayor. FRANK VAN DUI-,MAN, AI,B>~RT WHARTON, B. A. SCHU$I,I,I;R, GDO. 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, Seltt N a}•, Ut anlcr aLL C appr fund bugt ,1pri 19-41 Mad Duc: sr ttt~ Due' had the Illail ing Cuu Due Cott tlLe ordi, days let-. ~ ca. l ur 1~' h; auce Cou the scco oud~ ricd X11 at ph~~ tort. Due plat pub bete C~tu fu11t scin Vat role allo tail add Cat ioll~ son \`at llr; cit 1 ei Vet holy 194 ed Cat inf; `(`ct j~e~ cry, Ica'. Yc ~9 t ~j, i Session, Schueller, Van Duelman, Wharton. Nays-None. Ordinance No. 2-41. An Ordinance amending Ordinance No. 3-4Q being an Ordinance entitled, "An Ordinance appropriating money for the various funds and purposes of the City of Du- buque for the fiscal year beginning April 1, 1940 and ending March 31, 1911," by increasing Appropriations 1\Sade Under "Group XIII. Public Docks," in the sum of $4000.00 pre- sented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Nlayor Thompson, Councilmen Ztlurphy, Schueller, Van Duelman, Wharton. Nays-None. The ordin- ance was then read a second time. Councilman Van Duelman moved that the reading just had he considered the second reading of the ordinance. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas - Nlayor 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 Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Murphy moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Nlayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Mrs. Carrie Fox addressed the Coun- cil requesting that the Mary Agard Tent of the Daughters of Civil War Veterans be granted permission for the holding of a Flag Day on June 14th, 1941. Councilman Van Duelman mov- ed that the verbal request of Mrs, Carrie Fox for permission for the hold- ing of a Flag Day by the Nlary Agard Tent of the Daughters of Civil War Veterans on June 14th, 1941 be grant- ed, Seconded 6y Councilman Schuel- ler. Carried by the following vote: Yeas®Nlayor Thompson, Councilmen Murphy, Schueller Van Duelman, Wharton. Nays-None. 14th, 1941. 25 Mayor's Proclamation of l~mericanism W eels To All To Whom These Presents Shall Come: Whereas, The Dubuque Chamber of Commerce, in accord with the pro- gram of the United States Junior Chamber of Commerce in the inter- ests of developing a greater apprecia- tion of the benefits of the American form of government, has undertaken sponsorship of an observance in the city of National Americanism Week; and Whereas, the people of this city, proud of the heritage of our forefath- ers who established this nation as a sterling example of the principles of democratic government by, for, and of the people, are desirous of exalting the spirit of true Americanism: Now, Therefore, I, Frank W. Thomp- son, Mayor of the City of Dubuque, be- lieving the aim to be a worthy one, do hereby proclaim the interim be- tween the dates of Lincoln an•d Wash- ington's birthdays, February 12 to 22, 19=11 as "Americanism Week" and urge that every citizen, young and old, give due consideration to his duties and privileges as such and renew his pledge of allegiance to the prinicples set forth in the Constitution of the United States of America, In Testimony \Vhereof, I have hereunto set my harnd and caused to be affixed hereto the Seal of the City of Dubuque in the office of the Mayor this day. F. W. THOMPSON, Mayor. Councilman Murphy moved that the Proclamation of Mayor F. W. Thomp- son on Americanism Weelc be made a matter of record. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Quit Claim Deed from Morrison Bros. Co. conveying Lot 17 in Block 17 of Dubuque Harbor Improvement Company's Addition to the City of Dubuque presented and read. Coun- cilman Murphy moved that the Quit Claim Deed be accepted and recorded in the office of the County Recorder. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Days-None. ',jj I '~', i '~ ~, ; ~ p lll, '.,gi E p'~ ~ ,I ''i~~~ ~' ` 6 Special Session, Fe ruary 14th, 1941. ~''"'~"';,~'~Ii;iG,~~~jl~l, '~ ~ , ;°,I!;,u~~,;~i;, l (~{ ~ ° " '' ' Resolution No. 11-41 The resolution was passed, adopte3 unanimous action of roved b d , , ,. i : i l „ „ I;~h ,~(I;;ii '~ ~~"" " 1-' ~ '" "'~' i' ;;I',"' Resolution and Application for y app an the City Council on the 3rd day of and all members there- 1911 February , " ! ;! ~ , '~; 'i Illi Permanent Transfer of Funds , , ned their names thereto. i f ; , i ,~ ,y ~! ' ' ' g o s j ';.,',,~;"' ilijll~!',~'i fa l;~~~' Whereas, The City of Dubuque is- mber i t F. W. THOMPSON, Mayor. i ,~ ~ , e sued Grading Bonds on Sep FRANK VAN DUELMAN, ' II' '~,,Iq,';';,Il~lr~~ '~, ' 1924 in the amount of $100,000.00, Im- 1926 in 1 l ALBERT WHARTON, '; I~IiI,;''';'~I~!~!'i', , ~ ' , y provement Bonds on Jtt 000.00, and Im- t of $275 B. A. SCHUELLER, i i ~ Iil I !;'.,"~'ip,P~~i a,i~ ' i r ~ , the amoun vement Bonds on July 15, 1930 in GEO. R. MURPHY, ; , ,,,, ,, i ,l~~, ~; ", lil!I~II'lal~il'I''I pro the amount of $60,000.00; and Councilmen. ZVhereas, The retirement and inter- est charges on these bonds of $73,- 900.00 during the fiscal year beginning April 1, 1943 and of $70,325.00 during the fiscal year beginning April 1, 1944 greatly exceed the taxes that can be obtained from the maximum statutory levies of /mill for the Grading Fund and 1 / mills for the Improvement Fund; and Whereas, In order to'PaY these ob- ligations when due it is necessary to create sinking funds by setting aside unexpended balances in other funds which can be spared for this purpose; and Whereas, There is now in the hands of the City Treasurer and credited to the General Fund the sum of $6=1,272.55 of which $36,000.00 is available for transfer to the Grading and Improve- ment Funds above referred to for debt service; and Whereas, It is deemed necessary to General a Fund to $he 0 Gr0adingon~t ha Ind doto $h8,000100ovementtFund Band 1 Whereas, Before any transfer can be made from the General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon: Now, Therefore, Be It Resolved By the City Coun- cil of the CityrovalDofbthe Sat aComp- ject to the app troller, there be and there are hereby transferred from the General Fund for the purpose of creating sinking funds, the sttm of $18,000.00 to the Grading Fund and the sum of $18,000.00 to the Improvement Fund, and the State Comptroller is h robe suchtitra sfers attthorize and apP for such purpose; and Be It Further Resolved, That upon the approval of such transfers the aud- itor of the City of Dubuque is 3irect- ed to adjust his books accordingly and to notify the Treasurer of such trans- fers, and such notificaotf thisltresolution companied by a copy and the record of its adoption. Attest: J. J. SHEA, City Clerk. The above resolution having been filed with the State Comptroller, the transfer requested is approved this 5th day of February, 1941. C. FRED PORTER, State Comptroller. Councilman tiV harton moved that the approval of C. Fred Porter, State Comptroller, be received and made a matter of record. Seconded by Coun- cilman Vau Duelman, Carried by the following vote: Peas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Claim of Bernice Thurs- ton in the amount of $50.00 for in- juries sustained in a fall on the North- west corner of 17th and 1\Iaple Streets . presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation an-i report.Carrieddby b}* Councilman Murphy. the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Claim of Miss Anna Eb- erhardt in the amount of $2000.00 for injuries sustained in a fall on the west- erly side of the south crossing of the intersection of Main and 11th Streets presented and read. Councilman ~,Vharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded1 by Councilman Van Duelman. Car- ved by the follotiving vote: Yeas - 1\~Iayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, ~Vhar- ton. Nays-1~TOne. Communication of Albert J. En- triner, M. D., Director of Health, ad- vising Council that he has been or- dered to active duty in the United States Army and asking for a leave of absence from the duties of Director of Health presented and rea3. Coun- cilman Murphy moved that the re- quest be granted. Seconded by Coun- Gilman Van Duelman. Carried by the Special Session, February 14th, 1941. 27 following vote: Yeas-Mayor Thomp- sou, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of the Key City Gas Company submitting annual report re- quired by ordinance and covering the financial operations of the company for the calendar year 19.10 presented and read. Councilmen Murphy moved that the communication and report be referred to the Council. Seconded },y Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of D. M. Nyquist, Mayor and G. M. Shafer, Cleric of ~1- dora, Iowa, requesting Council to con- tact the State Senator and State Rep- resentatives of Dubuque County and urge them to support house file No. 183 an act to amend Chapter 304, Code, 1939 providing for the regula- tion of telephone rates by cities and towns presented and read. Council- man Van Duelman moved that the City Cleric be instructed to notify State Senator Howard C. Baldwin and State Representatives John VV. Manley and Robert C. Reilly that the City Council of the City of Dubuque are in favor of the passage of House File No. 183 a bill for the regulation of telephone rates by cities and towns and aslc them to support said bill. Second- ed by Councilman Murphy. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of the Dubuque Trades and Labor Congress submitting the name of IVIr. Joe Conley for ap- pointment as a member of the Board of Review for the coming year pre- sented and read. Councilman Mur- phy moved that the communication be received and placed on file. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None, Petition of Geo. Hohmann request- ing cancellation of the beer bond of John Peed as he has discontinued busi- ness as of January 20th, 1941 present- ', ed and read. Councilman Murphy ~ moved that the request be granted. Seconded by Councilman Vau Duel- man. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of the American Legion Auxiliary requesting permission for the holding of their Poppy Day Sale on Saturday, May 24th, 1941 presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelmna, Whar- ton. Nays-None. Petition of G. H. Ohmert request- ing the installation of a street light at or near 380 Wartburg Place pre- sented and read. Councilman IVIur- phy moved that the petition be refer- red to the City 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 Nlary Ann Cosgrove, by Harry J. Cosgrove, referred to the City Council by the Board of Super- visors, requesting suspension of the 1940 tales on L,ot 6 of Newman, Cop- per & Smith Sub., 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 Thompson, Councilmen l~Iur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Proof of publication, certified to by the publishers, of a statement of re- ceipts acrd also a list of claims for which warrants were drawn during the month of December, 1940, presented and read. Councilman Murphy moved that the proof of publication be receiv- ed and filed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-LVlayor Thompson, Councilmen, Murphy, Schueller, Van Duel~trtan, Wharton. Nays-None. Communication of Chief of Police Strub requesting the City Council to take the necessary action in bringing about the licensing of second-hand or used goods dealers presented and read. Councilman Wharton moved that the City Solicitor be instructed to prepare a proper ordinance covering the licens- ing of second-hand or used goods deal- ers. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, COllll- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. February 10, 1941 To the Honorable Mayor And City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Water De- partment and City Recreational De- Z8 special Session, February 14th, 1941. l~arrinent for the month of January, i941, also a list of claims and list of payrolls for which warrants were drawn during the month of January, 1941. Respectfully submitted, A. A. RHOMBI~RG, City Manager Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following rote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None, February 7, 1941. In re: Claim of Nlrs. Peter Beaver Honorable 1V~Iayor and 11lembers of the City Council City of Dubuque, Iowa. Gentlement: With reference to the claim of Mrs. Peter Beaver, I have investigated the claim of Mrs. Peter Beaver, and from my investigation, am of the opinion that this claim should be allowed for the actual expenditures as set forth in the claim, totaling $51.52. I there- fore recommend that the claim be al- lowed in the sum of $51.52, that a ~t-arrant he issued payable to Mrs. Pet- er Beaver for said amount and that the same be delivered to her upon the execution and delivery of a proper re- lease to the City of Dubuque. Respectfully submitted, JOHN J. KINTZINGI;R, City Solicitor. Councilman Schueller moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a v; arrant in the amotmt of $51.52 in favor of Mrs. Peter Beaver as settle- ment in full of her claim and that war- rant be delivered upon the execution and delivery of a proper release to the City of Dubuque. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Thomp- son, Councilmen Murphy. Schueller, Van Duelman, Wharton. Nays-ATOne. February 7, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Catherine S. Lund- beck for suspension of Taxes on; Cox Add. Lot 11, ~Uoodlawn Park, Lot 242', asking that the 1940 tax be suspended because of infirmity, I recommend that the Petition should be approved by the City Council of the City of Du- buque, and notification of such approv- al given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KIATTZING~R, City Solicitor. Councilman Murphy moved that the recommen-lation of City Solicitor Kint- zinger be approved and that the peti- tion of Catherine S. I,undbeck re- questing suspension of the 1940 taxes on Lot 11 of Cox's Addition and Lot 242 of Woodlawn Park Addition be granted and that the Board of Super- visors L e notified of the action of the City Council. Seconded by Council- man Van Duelman, Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Ordinance No. 3-41. An Ordinance providing for the Vacation of the Al- ley between I~lm and Pine Streets .from I~ighteeuth to Nineteenth Streets in the City of Dubuque, and convey- ing said Alley to the I~lauer Manufac- turing Company presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Second- e~d by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Rlurphy, Schueller, Van Duelman, tiVharton. Nays-None. Councilman ~~~an Duel- man moved that the rules lie suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None The ordinance was then read a sec- ond time. Councilman Van Duel- man moved that the reading just had be considered the second reading of the ordinance. Secondedt by Council- man Wharton. Carried by the folloGV- ing vote: Yeas-14layor Thompson, Cotmcilmen illurphy, Schueller, Vati Duelman, Wharton. Nays - None. Councilman Van Duelman moved that the ordinance be placed on file with the City Cleric for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Ordinance No. 4-41. An Ordinance granting to the Trausch Baking Com- parry, its successors and assigns, the right to construct and maintain a gaso- line storage tank underneath the si~de- wallc on the bast side of the building occupied by them at 19-31 S. Main Street in the City of Dubuque, Iowa, and prescribing the conditions thereof presented and read. Councilman Van Special Session, February 14th, 1941. 29 ~„ 1}uelman moved that file reading just htr•I be considered the first reading of the ordinance. Seconded by Coun- cilntatt bVharton. Carried by the fol- latt•ing vote: Yeas-Nlayor Thompson, Cattnctlmen A~Iurphy, Schueller, Vau Dttelntan, Wharton. Nays - None. Cattttcihnan Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separ- ate days. Seconded by Councilman -_ ~Vhartan, Carried by the following rote: Yeas-NIa}=or Thompson, Coun- cihnen 1lurphy, Schueller, Van Duel- man, Wharton. Nays-None. The ardinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- . andel by Councilman Wharton. Car- Tied by the fallowing vote: Yeas - Mayor Thompson, Councilmen, iYlur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for pttbtic inspection for at least one ~~~eek before its final adoption. Sec- on<letl by Cotmcilman Wharton. Car- ried by the following vote: Yeas - :l/ayar Thompson, Councilmen Mur- plt}=, Schueller, Van Duelman, t~rhar- tott. Nays-None. Resolution PIo. 16-41 ~~jhereas, 1l/aizewood Insulation C'otttpauy is the owner of certain real estate in Industrial Subdivision in the City of Dubuque, Iowa, acrd is occupy- ing the same with a substantial Indus- - try, and Whereas, Said Maizewood Insula- tion Company has exercised an option for the purchase of additional real es- tate adjoining that now owned by it and a contract has been prepared and submitted to the City Council provid- ing for the sale of said additional real estate and for the conveyance thereof to said Maizewood Insulation Com- e pang upon pa}=meat of the purchase price as set forth in said contract and said contract containing also a further option for the purchase of other real estate in addition to that heretofore owned and ttow being purchased from said City, and this Council being de- siraus of 'encouraging the expansion of all industries, deems it advisable and far the best interest of the City to authorize the execution of said agree- " ment and option. Noty, Therefore, Be It Resolved by the City Cohncil of the City of Du- bhque, Io«=a, that the terms an•3 con- ditions of the agreement and option, a copy of which is attached hereto and - made a part hereof, are hereby ap • proved and the Mayor and City Clerk are authorized, empowered and direct- i t ed to execute said agreement and op- tion for and on behalf of the City of Dubuque, Iowa. Passed, adopted and approved this 14th day of February, A. D. 1941. F. W. THONIPSON, Mayor. FRANK VAN DU$I,MAN, AI,B~RT WHARTON, B. A. SCHU$L,I,~R, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas - Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Contract For Deed And Option This Agreement by and between the City of Dubuque, Iowa, a Municipal Corporation, party of the first part, and Maizewood Insulation Company, a corporation with its principal place of business at Dubuque, Iowa, party of the second part, Witnesseth: That said City of Dubuque, Iowa pursuant to Resoultion No. 16-41 of the City Council of said City, has sol•3 and agrees to convey as hereinafter provided and said Matzewood Insula- tion Company has purchased the fol- lowing described real estate and agrees to pay for the same in the manner hereinafter provided, said real estate being as follows, to-wit: All that part of Lots 1 and 2 of Block B and hots 1 and 2 of Block C and the portion of vacated Char- ter Street east of Harrison Street in Industrial Subdivision in the Cit}= of Dubuque, Iowa, according to the recorded plats thereof, not heretofore conveyed by said City, intending to describe and include all of said hots 1 and 2 of said Block B except the easterly 50 feet thereof, all of L,ot 1 of Block C except the easterly 50 feet there- of, all of L,ot 2 of Bloclc C and that part of the vacated Charter Street abutting the propery hereinabove described. Said Maizewood Insulation Com- pany agrees to pay therefor the agreed purchase price of ten cents per square foot or a total of eleven Thousand Five Hundred Seventy Three & no/100 ($11,573.00) Dollars of which $1573.00 shall be paid March 15, 1941, and the balance of said purchase price, to-wit: $10,000.00 shall be paid at the rate of $2500.00 per year in semi-annual ~. i ~. 1'_' i 30 Special Session, F 14th, 1941. payments, namely: $1250.UJ on June 1, 1942 and 1250.00 on the first day of each December and June there- after until the full amount of the pur- chase price is paid, with interest at the rate of t~vo percent per annum from March 15, 1911 on the unpaid balance from time to time, interest to be paid each six months in addition to and at the time of the principal pay- ments as herein provided. It is un- derstood and agreed that iu case of strikes, walkouts, floods, earthquake, fire lightning or windstorm, mtlitary or defense measures, inability to pro- cure necessary materials or other causes beyond the control of Maize- wood Insulation Company forcing a temporary shut down of the plant, then and in any such event or events the payments of principal and interest as hereinabove specified shall be suspend- ed until the June first or December first, as the case may be, after the plant resumes production, but in tto event shall any such suspension ex- ceed a period of one year from the next payment date after the cause of suspension occurs. Upon payment in full of the purchase price as herein- ~I above set out the City of Dubuque, Iowa, will execute and deliver to the party of the second part a warranty deed conveying the premises and va- cated portion of Charter Street above described, without abstract of title. It is understood and agreed that the party of the second part shall have the right of possession immediately upon the execution of this agreement. In consideration of the said purchase and the City Council being desirous of en- couraging the expansion of the indus- try owned and operated by said Maize- tvood Insulation Company, it is under- stood and agreed that no taxes shall be levied or assessed against said prop- erty until title passes to second party. In case the party of the second part shall fail to make the payments afore- said or any of them punctually and if such default shall continue for ninety (90) "days, time being the essence of this contract, all the installments of this contract, at the option of first party shall become at once due and payable arr3 without notice and the party of the first part shall have the right to declare this contract null and void and all rights and interests here- by created or then existing in favor of said second party or derived under this contract shall cease and determine and the premises hereby contracted shall revert to and revest in said par- ty of the first part after thirty (30) days' notice is given second party as by law provided, without any right of said second party for reclamation or compensation for payments made or expenses incurred as absolutely and fuLy as if this contract had never been made. If, however, the party of the first part shall elect not to declare this contract null and void in case of default by the second party, the sec- ond party agrees to pay interest at the rate of five percent per annum upon all payments of principal and interest from the date of their maturity. In consideration of the gurchase by 11laizewood Insulation Company of the premises above described and for oth- er good and valuable considerations, the said City of Dubuque, Iowa, does hereby grant to said Maizewood In- sulation Company an exclusive option to purchase all of Blocks D, ~ and F in said Industrial Subdivision for the consideration of ten cents per square foot to be paid as hereinafter provided, said option to extend and continue for a period of three years from July 1, 1941. It is understood and agreed that in the event said option is exer- cised the City of Dubuque will vacate the portion of Camp Street and the portion of Charter Street lying west- erly of the westerly line of Harrison Street and will donate and convey said vacated portions of said streets to iVlaizewood Insulation Company at the time of the execution and delivery of the deed to the property covered by this option and as hereinafter provid- ed. It is understood and agreed that in the event the City of Dubuque re- ceives abona fide offer for the prem- ises included in this option from some other prospective purchaser at not less than ten cents Per square foot, then ~~ ithin ninety daps from the receipt of notice in writing of such offer from such third party, the party of the sec- ond part hereto may file with the Clerk of said City written notice of its election to exercise the option here- in given and in the absence of such notice and election said option shall be deemed to be waived. In the event said option is exercised by the party of the second part iu ac- cordance with the terms above speci- fied the total consideration at the rate of ten cents per square foot (exclusive of vacated streets) shall be ascertained and determined by actual survey arri measurements and upon thus being determined, a contract containing pro- visions similar to the present contract covering the sale and purchase of the real estate herein, will be executed be- tween the parties, providing among other things that the consideration will be paid in ten equal semi-annual installments with interest to be agreed upon when the option is exercised but not to exceed tin*o percent per annum payable semi-annually on the unpaid balance from time to time, and upon payment in full of said purchase price the City will execute and deliver to `.it£Itt I )ubi Special Session, said 1\Iaize~vood Insulation Company a warranty deed conveying said prem- ises above described including the va- cated portions of Camp Street and Charter Street as above provided, to- gether with an abstract of title show- ing good and merchantable title in said City. In case said option is ex- ercised, then in consideration of the purchase of said real estate and the City of Dubuque being desirous of en- couraging the expansion of said indus- try, it is understood and agreed that no taxes shall be levied or assessed against said real premises until title passes to second party. In Witness Whereof, This contract and agreement is executed by and on behalf of said City of Dubuque, Iowa, by the IVlayor and the City Clerk duly authorized thereto by resolution of the Cit}= Council and this contract and agreement is executed in behalf of Maizewood Insulation Compare}= by its President amd its Secretary duly au- thorized thereto by resolution of the Board of Directors, and the same is executed in duplicate at Dubuque, Iowa, this 15th day of February A.D. t941. CITY OF DUBUQUE, IOWA, By F. ~V. THOMPSON, Mayor. (Seal) By J. J. SHWA, Citp Clerk. MAIZ~WOOD INSULATION COMPANY, By H. A. HAUPTLI, President. By tiVALT~R M. TSCHIRGI, Secretary. State of Iowa, Dubuque County, ss. On this 15th day of February, A.D. 1941, before me, a Notary Public in and for Dubuque County, Iowa, per- sonally appeared Franlc W. Thompson and J. j. Shea to me person- ally known who being by me duly sworn did say that the said Frank W. Thompson is Alayor of the City of Du- buque, Iowa, amd the said J. J Shea is City Clerk of said City of Dubuque, Iov=a; that the seal affixed to the above instrument is the seal of said City and that said instrument was signed and sealed on behalf of said City of Du- buque, Iowa, by authority of the City Council thereof, and the said Frank W. Thompson as such Mayor and the said J. J. Shea as such City Clerk ac- knov=ledged the execution of said in- strument to be the voluntary act and deed of said City of Dubuque, Iowa, by it and by them voluntarily executed. G$RALDIN$ L. D~MKI~R, Notary Public in and for Du- buque 'County, Iowa. (SEAL) ;`„~,., 1 ff }- ~± ~._ ~: ~ ;iv: R .'= 14th, 1941. 31 State of Iowa, Dubuque County, ss. On this 13th day of February, A.D. 19.11, before me, a Notary Public in and for Dubuque County, Iowa, per- sonall}= appeared H. A. Hauptli and Walter nI. Tschirgi to me person- ally known who being by me duly sworn did say that the said H. A. Hauptli is President and the said Wal- ter M. Tschirgi is Secretary of Maize- tvood Insulation Company; that the seal affixed to the above instrument is the seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by author- ity of its Board of Directors and the said H. A. Hauptli and the said Walter M. Tschirgi as such president and as such secretar}= respectfully acknowl- edged the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. J~SSI~ RUFF, No±ar}= Public in and for Du- buque County, Iowa. (S1~AI,) February 11, 1941. To the Honorable Mayor And City Council, Dubuque, Iowa. Gentlemen: \`Tith reference to petition of Du- buque Dock Commission requesting vacation of all streets and alleys on Dubuque Harbor Improvement Addi- tion, their letter to the City Council dated November 25, 1940 with full in- formation at hand has reconsidered its earliest recommendation of Jau- uar}= 6, 1941 an3 now begs to recom- mend to you the granting of this pe- tition. Respectfully submitted, R. V. 1\IcKAY, Secretary, Planning and Zoning Commission. Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be approved and that the City Solicitor be instruct- ed to prepare the proper proceedings. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. February 11, 1941. To the Honorable Mayor And City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Commis- sion recommends the denial of attch- ed petition of Clarence Manders for rezoning of his property on Southern i- : ~" li ll~i' I,i~l. ~l,, ~ ~'~iji~l 32 Special Session, February 14th, 1941. III L,I,Ii "~ At-e.tue su that he may build a cheese C •1 n Wharton moved that factory. It would do no good to rezone to Local Business classification as a cheese factory is not permissible in a Local Business District under exist- ing laws. The commission does not feel justified in stepping down still further and rezoning to bight Indus- trial Classification which would have to be done to permit a cheese factory oit the proposed site. Respectfully submitted, R. V. IIcKAY, Secretary, Planning and Zoning Commission. ouuct ma the recommendation of the Planning and Zoning Commission be received and filed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, tiUharton. Nays-None. February 12, 1941. To the Honorable IVlayor And City Cotmcil, Dubuque, Iowa. Gentlemen: The Planning and Zoning Commis- sion of the City of Dubuque respect- full}= recommends the approval by City Council of the "Proposed \Vest Ap- proach" plats sheet 2-6-41 as submit- ted by the City of Dubuque Bridge Commission and attached hereto. Respectfully submitted, R. V. MchAY, Secretary, Planning and Zoning Commission. Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded b}= Councilman Murphy. Carried by the following ~-ote: Yeas-.Mayor Thompson, Coun- cilmen 1lurph}•, Schueller, Van Duel- man, Wharton. Na}=s-None. February 11, 1911. To the Honorable A~Iayor And City Council, Dubuque, Io~~ a. Gentlemen: The Dubuque Planning and Zoning Commission wishes to recommend de- nial of attached petition of iVlrs. Ada Harris requesting rezoning of her prop- erty ou Avoca Street from Single to 'i ~.; o Family Residence classification. As a natter of sound zoning policy, as ~, ou know, the Commission finds no ;ustification for the rezoning of a single piece of property, and especially as to a case hlce this where the single ;piece of property is iu an area which is so essential)}=, and naturally a Single Family area. Respectfully submitted, R. V. ~IcKAY, Secretar}=, Planning and 'Coning Commission Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be approved Seconded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Thompson, Cotmcilmeu Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. February 11, 1941. To the Honorable Mayor And City Council, Dubuque, Iowa. Gentlemen: Referring to attached plat of George P. and I,eua Ta. Witter requesting ap- proval of revised plat on their property at West Third and Algona Streets the Planning and Zoning Commission wishes to recommend granting of said plat. Respectfully submitted, R. V. McKAY, Secretary, Planning and Zoning Commission. Conucilman Van Duelman moved that the communication of the Plan- nittg and 7.oning Commission be re- ferred to the City Solicitor for investi- gation and report. Seconded by Coun- cilman ZVharton. Carried by the fol- lowing ,,-ote: Yeas-Mayor Thompson, Councihuen Murphy, Schueller, Van Duelman, ~~jharton. Nays-None. There being no further business Conucilman Van Duelman moved to a•liour~t. Seconded by Councilman "~~ harto;t. Carried by the following cote: Yeas-Mayor Thompson, Coutt- ciluten 1~Iurphy, Schueller, Van Duel- man, \'~'harton. Na}=s-None. J. J. sxr;A, City Clcrlc. Approved -----------------------19-11. Adopted ------------------------1941. Councilmen: {----------------------- Attest ------------------------------- City Clcrlc. i Session, February 21st, 1941. p{ .:.. r~ €: (8 f~icial) Special Session, February 21st, 1941. Council met at 7:35 P. M. present-Mayor Thompson, Council- men tllurphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Wharton and Van Duelman. 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 for final adoption Ordinance No. 2-41. An ordinance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1940 and ending March 31, 1941, by increasing appro- priations made under Group XIII, Public Docks, in the sum of $4000.00 and acting on any other business as may properly come before a regular meeting of the City Council. Conncilman ~rharton 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 Van Duelman, Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Mr. J. W. I,undin addressed the Council asking the City Council to reconsider their former ac- tion in receiving and filing the recom- mendation of the Planing and Zoning Commission in which recommendation the Planning and Zoning Commission recommended that the plat of Datis- man Subdivision showing several build- ing lots of less than 6,000 square feet be approved. Councilman Wharton moved that City Council meet with the Planning and Zoning Commission at their convenience to discuss the policy to be foltowed in interpreting the area requirements of the Zoning Ordinance. Seconded by Councilman Murphy, Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of Miss Florence Becke et al residents of Park Hill District re- questing bus service on said Park Hill District present and read. Councilman Van Duelman moved that the petition be referred to the City Manager with instructions to confer with the officials of the Interstate Power Company re- garding this request and submit a re- port back to the City Council. Sec- onded by Councilman Wharton. Car- 33 vied by the following vote: Yeas - Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Proof of publication, certified to by the publishers, of a statement of re- cepits and also a list of claims for which warrants were drawn during the month of January, 1941 presented and read. Councilman Van Duelman mov- ed that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Ordinance No. 2-41. An Ordinance amending Ordinance No. 3_40, being an Ordinance entitled, "An ordinance appropriating money for the various funds and purposes of the City of Du- buque for the fiscal year beginning April 1, 1940 and ending March 31, 1941," by increasing Appropriations nlade Under "Group XIII, Public Docks," in the sum of $4000.00, said ordinance having been passed upon first and second readings on February 14th, 1941 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 2-41. An Ordinance Amending Ordinance No. 3-40, being an Ordinance J;nti- tled "An ordinance appropriating money for the various funds and pur- poses of the City of Dubuque for the fiscal year beginning April 1, 1940, and ending March 31, 1941," by in- creasing Appropriations Made Under "GROUP XIII. Public Docks," in the sum of $4,000.00. WH~R~AS, the Budget for the fis- cal year 1940-1941 of the City of Du- buque was adopted and approved by the Resolution of the City Council of the City of Dubuque on March 20, 1940; and WHEREAS, The Dock Commission of the City of Dubuque filed petition with the City Council to the effect that the cost of the river front improvement work has exceeded the amount available to the Dock Commission under the Budget, and under Appropriations Or- dinance No. 3-40; that the receipts of the Docle Commission from miscellan- eous sources has exceeded the amount appropriated in the sum of more than $4,000.00; and that it is necessary for the Dock Commission to have available at least $4,000.00 in order to continue the work in progress and to take care of current expenses; and 34 Special Session, February 21st, 1941. WHEREAS, There is on file in the office of the City Cleric, proof of publi- cation of Official Notice of the pro- posal to amend the Budget for the fis- cal year 1940-1941; and WHEREAS, The Notice notified all interested persons of their right to ob- ject to the Amendment to the Budget as proposed, on or before 7:30 P. M., February 14, 1941; and WHEREAS, No objections have been filed or made to said proposed Amendment to the Budget; BE IT ORDAINED BY THE CITY COUNCII, OF THE CITY OF DUBUQUE: 1. That Ordinance AT O. 3-40, being "An ordinance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year be- ginning April 1, 1940, and ending March 31, 1941," be, and the same is hereby amended by striking from: GROUP XIII Public Docks "153D-Rip Rap and Surfacing $2,- 314.97," ($16,689.00 of these appro- priations shall be paid from the Dock Operation Fund and $2,- 260.00 from miscellaneous dock revenues,)" and by substituting therefore: "153D-Rip Rap and Surfacing $6,- 314.97," ($16,689.00 of these ap- propriations shall be paid from the Doclc Operation Fund and $6,- 260.00 from miscellaneous dock revenues.)" 2. This ordinance, in the interest of the preservation of public peace, health, safety and the general welfare of the City of Dubuque and the inhabi- tants thereof being deemed urgent and of immediate necessity, shall be in force and effect from and after its final pas- sage, adoption and approval by the City Council and publicahou as provided by law, and the appropriation herein pro- vided for shall be available when trans- ferred to the proper fund. Passed upon first and second readings this 14th day of February, 1941. Passed, adopted and approved upon final reading this 21st day of February, 1941. F. W. THOMPSON, Mayor. FRANK VAN DUEL,MAN, ATaBERT WHARTON, B. A. SCHUEI,I,ER, GEO. R. MURPHY, Councilmen. Attest: J. J. SH$A, City Clerk. Published officially in the Telegraph- Herald newspaper this 24th day of February, 1941. 2-24-1t. J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas - Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Ordinance No. 3-41. An Ordinance providing for the Vacation of the Alley between Elm and Pine Streets from Eighteenth to Nineteenth Streets in the City of Dubuque, and conveying said Alley to the Klauer Manufacturing Company, said ordinance having been passed upon first and second readings on February 14th, 1941, and ordered placed on file with the City Cleric for public inspection for at least one week before its final adoption, presented and read a third time. ORDIPI.AIVCE IV O. 3-41. An Ordinance Providing for the Va- cation of the Alley Between Elm and Pine Streets from Eighteeenth to Nine- teenth Streets in the City of Dubuque, and Conveying Said Alley to the Klau- er Manufacturing Company. WHEREAS, The Klauer Manufac- turing Company petitioned the Council of Dubuque for the vacation of the alley between Elm and Pine Streets from Eighteenth to Nineteenth Streets in the City of Dttbuque; and WHEREAS, An Ordinance was en- acted October 20, 1904, vacating the alley between Elm and Pine Streets from Eighteenth to Nineteenth Streets in the City of Dubuque, and gave per- mission to the Dubuque Altar Manu- facturing Company, its successors or assigns, to use said alley for erection, maintenance and operation of factory buildings; and WHEREAS, said Ordinance further provides that in case the Dubuque Altar Manufacturing Company, its suc- cessors or assigns, should cease to use the premises vacated for manufacturing purposes that said alley should revert back to the City of Dubuque and said ordinance would be null and void; and WHEREAS, Said Dubuque Altar Manufacturing Company ceased to use the said premises for manufacturing purposes, under said Ordinance, said alley reverted back to the City of Du- buque; and WHEREAS, The Klauer Manufac- turing Company is now the owner of the premises formerly owned by the 3. by d titic~ 1ic~e huge 4. gent fare final the { i ides ,Shall Com tube! Lion Cntn P~ ings h~ nal ar}'~ At ~,, s' x ` ~ Special Session, February 21st, 1941. Dubuque Altar Manufacturing Com- pany, property abutting said alley; and WHI;RFAS, said alley is not used or needed for public travel or conveni- ence; Now, Therefore, B$ IT ORDAINED BY THR CITY COUNCIi, OF THE CITY OF DUBUQUE: 1. That the alley between Rlm and Pine Streets from eighteenth to Nine- teenth Streets in the City of Dubuque, be, and the same is hereby vacated. 2. That in consideration of the sum of One Dollar ($1.00), and other con- siderations, the said City of Dubuque hereby sells and conveys to the Klauer lbianufacturing Company, the alley be- tween elm and Pine Streets from eighteenth and Nineteenth Streets in the City of Dubuque, reserving and retaining to the City of Dubuque, the right to lay, construct and maintain any and all water mains, sewers or drains which it deems necessary in said alley, and the Mayor and Clerk, be, and they are hereby directed to execute and deliver on behalf of said City, its quit claim deed thereof to said Klauer Man- ufacturing Company. 3. That the Clerk be, and he is here- by directed to file for record a duly cer- tified copy of this Ordinance in the Of- fice of the County Recorder of Du- buque County, Iowa. 4. This Ordinance being deemed ur- gent and in the interest of public wel- fare shall become effective upon its final passage, adoption and approval by the City Council and publication as pro- vided by law, and the rights hereunder shall accrue to Klauer IVlanufacturing Company, its successors and assigns, when the cost and expense of publica- tion of the same hsa been paid by said Company. Passed upon first and second read-I ings this 14th day of February, 1941. ~ Passed, adopted and approved upon final reading this 21st day of Febru- ary, 1941. F. W. THOMPSON, Mayor. FRANK VAN DU~L,MAN, AL,BIRT WHARTON, B. A. SCHU;?L,I,1~R, GI~O. R. MURPHY, Attest: Councilmen. J• J. SHI~A, City Clerk. Acceptance of Ordinance No. 3-41. Klauer Manufacturing Company, having knowledge of all the terms and conditions of Ordinance No. 3-41, does 35 hereby accept said Ordinance as adopt- ed by the City Council of the City of Dubuque on the 21st day of February, 1941, and agrees to comply with all the terms and conditions therein set forth. Signed this 24th day of February, 1941. KI,AU~R MANUFACTURING COMPANY, By B. F. KLAU~R, Vice President. Published officially in the Telegraph- Herald newspaper, this 24th day of February, 1941. J. J. SHWA, 2-24-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas - Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. brays-None. Ordinance No. 4-41. An Ordinance granting to the Trausch Baking Com- pany, it successors and assigns, the right to construct and maintain a Gaso- line Storage Tank underneath the Side- walk on the Rast side of the building occupied by them at 19-31 S. Main Street iu the City of Dubuque, Iowa, and prescribing the conditions thereof, said ordinance having been passed upon first and second reading ou February 14th, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 4-41. An Ordinance Granting to the Trausch Baking Company, Its Suc- cessors and Assigns, the Right to Con- struct and Maintain a Gasoline Storage Tanle underneath the Sidewalk on the fast Side of the Building occupied by them at 19-31 S. Main Street in the City of Dubuque, Iowa, and Prescribing the Conditions thereof. BD IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE: 1. That the Trausch Baking Com- pany, its successors and assigns, be, and they are hereby granted the right and authority to construct and maintain a gasoline tank underneath the sidewalk, on the east side of the building occupied by them at 19-31 S. Main Street in the City of Dubuque. 2. That such underground gasoline storage tank shall be constructed under - _ _ ~m ...., _.. _._:. __... _ .r:.. ~" '€ 36 Special Session, February 21st, 1941. the direction and supervision of the I Passed, adopted and approved upon City Manager and the Building Iu- 19-11_reading this 21st day of February, Spector. 3. It is understood and provided that the right and permission to use and occupy such portion of the street and sidewalk is subject to the continuous control of the City Council of the City of Dubuque, reserving the right to said City Council to impose restrictions and conditions upon the enjoyment thereof as may be reasonably necessary for the protection of the public interests, in- cluding the right to revoke and rescind such right and permission if at any time the public interest should so require. 4. As a further consideration for the right and privilege hereby granted to said Trausch Balcutg Company, its suc- cessors and assigns, said Trauch Bak- ing Company shall and does hereby as- sume all liabthty, and damages to per- sons or property which mtght result from the construction and maintenance of the tank herein authorized, and said Trausch Baking Company, its success- ors and assigns, at its own expense hereby agrees to defend any and all claims and actions which may be brought against the City of Dubuque because of the construction and main- tenance of the tank herein referred to, and should the City be required to pay any amount for damage because of said construction and maintenance, or for any other reason caused by said tank, Trausch Baking Company does hereby agree to reimburse the City therefor, and hold the City of Dubuque harmless from any and all such claims and dam- ages. 5. Should the rights and privileges herein granted be rescinded or revoked, said Trausch Baking Company, its suc- cessors or assigns, at its own expense and upon the receipt of thirty (30) days notice, agrees to remove the tank here- in authorized and restore the sidewalk and/or street to as good condition as it was in before such tank was con- structed. 6. This ordinance shall be in force and effect ten (10) days after its final passage, adoption and approval by the City Council, and publication as pro- vided by law, and the rights herein shall accrue to said Trausch Baking Company, its successors and assigns, when the provisions hereof shall be ac- cepted and fully complied with, and when the cost and expense of publica- tion hereof has been paid by said com- pany. Passed upon first and second read- ings this 14th day of February, 1941. F. W. THOMPSON, Mayor. FRANK VAN DU$I.MAN, AI,BFRT WHARTON, B. A. SCHU>~I,IrDR, GFO. R. MURPHY, Councilmen. Attest: J. J. SHFA, City Clerk. Acceptance of ®rdinance No. 4-41. Trausch Baking Company, having knowledge of all the terms and condi- tions of Ordinance No. 4-41, does here- by accept said Ordinance as adopted by the City Council of the City of Du- buque on the 21st day of February, 1941, and agrees to comply with all the terms and conditions therein set forth. Signed this 24th day of February, 1941. TRAUSCH BAKING COMPANY By W. M. CI,7~MFNS. Published officially in the Telegraph- Herald newspaper this 24th day of Feb- ruary, 1941. J. J. SHWA, 2-24-1t. City Clerk. Councilman Murphy moved the adop- tion of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schuller, Van Duelman, Wharton. Nays-None. Ordinance No. 5-41. An Ordinance amending Ordinance No. 4-1933, being an Ordinance entitled "An Ordinance providing that certain businesses and vocations conducted in the City of Du- buque shall be licensed; Fixing the li- cense fee therefor; Defining terms em- ployed; Prescribing the regulations which shall apply to businesses and vo- cations required to be licensed; Repeal- ing all Ordinances or parts of Ordin- ances in conflict herewith and prescrib- ing apenalty for violation hereof," by adding thereto "Second-Hand Dealers' and providing for the licensing of Sec- . and-Hand Dealers, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Councilman Van Duelman moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded Special Session, February 21st, 1941. 37 I}y Councilman Wharton. Carried by the following vote: Yeas - Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second 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. Councilman Van Duelman moved that the ordinance be placed on file with the City Cleric for public inspection for at least one week before its final adop- tion. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Nlayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. February 20, 1941. In re: Claim of Bernice Thurston Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated this claim and have talked with the claim- ant. She has had $50.00 doctor bills, has sustained injuries and was laid up for some time tivith her arm. I recommend that she be allowed $25.00 in full payment of her claim, that a warrant be issued, payable to Bernice Thurston in the sum of $25.00, and that the same be delivered to her upon the execution and delivery of a proper release to the City of Dubuque, Respectfully submitted, JOHN J. KINTZINGFR, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $2'5.00 in fa- vor of Bernice Thurston as settlement in full of her claim and that said war- rant be delivered upon the execution and deeivery of a proper release. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas - IVlayor Thompson, Councilman Mur- phy, Schueller, Van Duelman, Whar- ton. Nays--None. February 21, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of 1Viary ~,nn Cosgrove for suspension of taxes on: Newman-Cooper & Smith's Sub. I,ot 6, asking that the 1940 tax be suspended because of age, I am informed that the petitioner has since passed away, and recommend that the Petition be re- turned to the Board of Supervisors without any action thereon by the Council. Respectfully submitted, JOHN J. KINTZING~R, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. J• J• SHWA, City Clerk. Approved ______________________1941. Adopted ________________________1943. Councilmen: ~_______________________ Attest: --------------------------°--- City Clerk.