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1941 April Council Proceedings~. ~; Regular Session, April 7th, 1941. 79 ~ ®` ~ Passed, adopted and approved this 7th day of April, 1941. -- FRANK VAN DUFI,MAN, (®fpicial) Dlayor. , - Regular Session, April 7th, 1941. Council met at 7:30 P. M. Present-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton, Cit}> hlauager Rhom- berg. . Mayor Thompson stated that this is the regular monthl}> meeting of the City Council and also the first meet- ittg of the fiscal year for the transac- tion of such business as may properly come before the meeting. City Clerk J. J. Shea swore in Messrs. F. W. Thompson, Frank Van Duelman and Albert ZVharton as Coun- cilmen for the term commencing the first Monday in April, 1941. Councilman Wharton moved that Councilman Van Duelman be elected 1lla}>or for the ensuing year. Second- ed by Councilman Rlurphy. Carried by the follo~i>ing vote: Yeas-Coun- cilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Councilman Van Duelman not voting. City Cleric J. J. Shea then swore in the new Itlay- or, whereupon Mayor Van Duelman tools the Mayor's chair, Resolution 1Vo. 26 -41 A resolution providing for the ap- pointment of officers of the City of Dubuque; prescribing their salaries and filing their bonds. Be It Resolved by the Cit}> Council of the City of Dubuque that the fol- lowing officers be appointed, subject, however, to the right of the Council to declare such offices vacant or re- move the officers therefrom at the pleasure of the Council with or with- out cause, and to be paid the follow- ing compensation provided for in the budget, and the following bonds shall be provided by such officers at the et- pense of the individual officer: City Manager, A. A. Rhomberg, salary $6,- 500.00, bond $5,000.00; City Solicitor, John J. Kintzinger, salary $4,000.00, bond $1,000.00; City Clerk, J. J. Shea, salar}> $2,500.00, bond $1,000.00; Po- lice Judge, Louis Fautsch, salary $1,- 500.00, bond $1,000.00; Cit}> Assessor, Harry J. Hanover, salary $1,200.00, bond $500.00. Be It Further Resolved that the sal- ary of the City Manager shall be paid ~~~ as follows, $5,200.00 from the General Fund and $1,300.00 from the Water Works Administration Fund. F. RT. THObIPSON, AI,BI;RT \VHARTON, B. A. SCHUFI,I,FR, GFO. R. P,-IURPHY, Councilmen. Attest: J. J. SHFA, City Clerlc. Councilman Murphy moved the adoption of the resolution. Seconded b}> Councilman Wharton. Carried b}> the following vote: Yeas-ll-Ia}>or Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. 1\Ia}ror Van Duelman then swore in the newly appointed officers: City Manager A. A. Rhomberg; City So- icitor John J. Kintzinger; Cit}> Clerk J. J. Shea; Police Judge Louis Fautsch; City Assessor Hary J. Han- over. Communication of Tom Hill sub- mitting application for appointment as member of the Board of Review for the 19-11 term presented and read. Councilman Thompson moved that the communication be received and filed. Seconded b}- Councilman Schueller. Carried b}> the following vote: Yeas -1\Iayor Van Duelman, Councilmen Alurphy, Schueller, Thompson, ~Vhar- ton. Nays-None. r;==~~~~ua.caaon of Bernard J. Han- nan submitting application for appoint- ment as a member of the Board of Review presented and read. Council- man llurph}> moved that the commun- ication be received and filed. Second- ed by Councilman Schueller. Carried b}> the following vote: Yeas-Pia}•or Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Resolution No. 27 -41 A resolution appointing the Board of Review and filing the compensation of the members thereof. Be It Resolved by the City Council of the City of Dubuque that the fol- lowing named persons be appointed the Board of Review of the Cit}> of Dubuque for the year 1941: John H. Weimer, Thomas J. Hill, Joseph I\I. Conley. Be It Further Resolved that each of the above named members of the said Board of Review be paid the sum of $400.00 in full compensation for all services to be rendered by them in the performance of their duties, said sum to be paid from the General Fund. S~ Regular Session, April 7th, 1941. Passed, adopted and approved this 7th day of April, 1941. FRANK VAN DUDLMAN, Mayor. F. W. THOMPSON, ALBDRT WHARTON, B. A. SCHUDLLDR, GDO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-Noce. Resolution No. 28 -41 F. `V. THOMPSON, ALBDRT WHARTON, B. A. SCHUDLLDR, GDO. R. MURPHY, Councilmen Attest: J. J. Shea, City Clerk. A resolution designating the deposi- tories for public funds on the City of Dubuque. Be It Resolved by the City Council of the City of Dubuque that the fol- lowing banks be appointed depositories of the public funds, and the City Treas- urer hereby authorized to distribute such funds in such banks in amounts not to exceed the following: First National Bank, $200,000.00; Amertcan Trust and Savings Bank, $175,000.00; Dubuque Bank and Trust Company, $125,000.00. Be It Further Resolved that the City Treasurer be and he is hereby di- rected to file with the County Treas- urer of Dubuque County, Iowa, a list of such depositories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 7th day of April, 1941. FRANK VAN DUDLMAN, Mayor. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Illayor Van Duelman, Councilmen 1\~Iurphy, Schuel- ler, Thompson, Wharton. Nays-None. April 7, 1941. To the Honorable Mayor and Cit}~ Council, Dubuque, Iowa. Gentlemen As City Manager of the City of Du- buque, the undersigned begs to advise vour honorable body that he has re- appointed all officers and employees whom he has the power to appoint, who are now serving and acting in their respective capacities, to assist in the orderl}* administration of the city government of this city and of the l arious departments thereof, said of- f:cers and employees to be under my supervision, directton and control and their appointments to continue during the pleasure of the Manager, and they shall be paid salaries in accordance with the budget approved by the City Council. P~espectfully submitted, A. A. RHOMBDRG, City Manager Councilman tiVharton moved that the communication of City Manager Rhomberg be received and made a matter of record. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of the Telegraph-Herald, a corporation organized and existing under the laws of the State of Iowa, requesting that the newspaper publish- ed by said corporation under the name of "Telegraph-Herald" be named the official newspaper in which shall be published the proceedings of the City Council of the City of Dubuque for the fiscal year ending March 31, 1942, presented and read. Councilman Mur- phy moved that the petition be referred to the Council. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen IvTttrphy, Schueller, Thompson, Wharton. Nays-None. Petition of the Catholic Printing Co., publisher of the Daily Tribune, re- questing the City Council to select and designate the Daily Tribune as an of- ficial newspaper of the City of Du- buque, presented and read. Council- man Wharton moved that the petition be referred to the Council. Seconded bi~ Councilman 1\lurphy. Carried by the following vote_ Yeas-A~Iayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of the Catholic Printing Co., publisher of the Daily Tribune, re- questing that they be selected and re- appointed to print, in pamphlet form. the council proceedings of the City of Dubuque presented and read. Coun- cilman Schueller moved that the peti- tion be referred to the City Council Seconded by Councilman Wharton. Carried by the following vote: Yeas -1\lavor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. ~ -° ag ca al on frc rep Co Pe an un by th< Va Sc Ufi~: cat any the .. Regular Session, April 7th, 1941. Claim of W. J. Cantillon for dam- ages to the tires of his automobile caused in running into an excavation on Grandview Avenue at the intersec- tion of Southern Avenue presented and read. Councilman Wharton moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Claim of Geo. C. Rath & Sons, Inc., for damages to their delivery truck in the amount of $17.36 caused in running into an unprotected ditch on Grand- view Avenue at the intersection of old Rockdale Road presented and read. Councilman Schueller moved that the claim be referred to the City Solicitor for investigation and report. Second- ed by Councilman Wharton. ,Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Communication of the American Le- gion Auxiliary submitting a tabulated report of the American Legion Auxil- iary );mergency Voluntary Service presented and read. Councilman Thompson moved that the communica- tion and report be received and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. I`Tays-None. Petition of Sam Young et at request- ing that Kane Street be graded and improved presented and read. Coun- cilman Murphy moved that the peti- tion be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Vau Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Mrs. Minnie Rooney et al requesting the rezoning of property on Broadway south of Diagonal Street from a double residence to a multiple residence district presented and read. Councilman Thompson moved that the petition be referred to the Planning and Zoning Commission for their rec- ommendation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Communication of Continental Cas- ualty Company, with enclosed Certifi- cate of Compliance from the Insur- ance Department of Iowa, stating that they have qualified for the transaction 81 of Fidelity and Surety business in the State of Iowa for the year ending 1tlarch 31, 1942 presented and read. Councilman Schueller moved that the communication and Certificate of Com- pliance be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Petition of O. M. Schmid estate re- questing the elimination of the eye sore caused by the use of the vacant lot at 1349 & 1355 Iowa Street as a junk yard for old automobiles presented and read. Councilman Murphy moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Petition of George J. Roepsch, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1940 taxes on I,ot 82 of Me- Craney's Addition presented and read. Councilman Murphy moved that the petition be referred to the City Coun- cil for investigation and report, Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Nlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, ~Vhar- ton. Nays-None. Petition of Louise A. lade et al re- questing that Simpson Street in its entirety be brought to proper grade with curbing and gutter installed in order that sidewalks may be laid pre- sented and read. Councilman Whar- ton moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas -1\Iayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Petition of Louise A. )~de et at re- questing that Simpson Street in its entirety be brought to grade and per- manently improved presented and read Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Ma}nor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. 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 February, 1941, presented and read. Councilman Murph}* moved that the proof of publication be receiv- ~~ ~.' ..~.; ;:.a.. ~? Regular Session, April 7th, 1941. ed and filed. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas-1layor ~' an Duehnan, Councilmen blurphv, Schueller, Thompson, Wharton. Nays-None. Council Proceedings for the months of January, 1941, and February, 19-11, presepted for approval. Councilman Thompson moved that the Council Proceedings for the months of Janu- ary, 19.11, and February, 19=11, be ap- proved as printed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-vlayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, ZVharton. Nays-Noce. b-larch 27, 1941. Honorable Blayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re P$TITION OF LOUIS KURHNL~ for Suspension of taxes on: blcCraney's 1st Add. Lot 60, ask- ing that the 1940 tax be suspended because of illness, 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. In re: PETITION OF MARGAR- ET ~. HOGAN for Suspension of taxes on: N% of City Lot 326, asking that the 1940 tax be suspended be- cause of infirmity, I recommend that thte Petition should be approved by the City Council of the City of Du- buque and notification of such approv- al be given to the Board of Supervis- ors of Dubuque Count}', Iowa. In re: PETITION OF LIBBY GOODMAN for Suspension of taxes on IV/ of East Dubuque 305, asking that the 1940 tax be suspended be- cause of infirmity, I recommend that the Petition should be approved b}~ the City Council of the Cit}* of Dubuque and notification of such approval giv- en to the Board of Supervisors of Du- buque County, Iowa. Respectfully submitted, JOHN J. IiINTZINGER, Cit}• Solicitor. Council Tlurphy moved that the rec- ommendations of City Solicitor Kint- zinger be approved and that the peti- tion of Louis Kuehnle requesting sus- pensions of the 1910 taxes on Lot 60 of McCraney's 1st Addition be grant- ed and also that the petition of Mar- garet ~. Hogan requesting suspension of the 19-10 taxes on the N/ of Cit}~ Lot 326 be granted and also that the petition of Libby Goodman requesting suspension of the 1940 tales on the N% of Lot 305 of East Dubuque Ad- dition be granted and that the Board of Supervisors be notified of the ac- tions of the Cit}~ Council. Seconded by Councilman \Vharton. Carried by- the following rote: Yeas-Mayor Van Duehnan, Councilmen 1~Iurphy, Schuel- ler, Thompson, ~~'harton. Nays-None. March 26, 1941 To the Honorable Mayor and Ciri- Council. Gentlemen: The Planning and Zoning Commis- sion respectfully recommends to City Council approval of the attached peti- tion of Mr. and 1\Irs. ~. J. Schneider, et al, requesting rezoning of certain Two Family Residence property to 1\Iultiple Family classification, the property being generall}~ bounded by Loss Boulevard to the north, Nest $leventh Street to the south, Prairie Street to the east and an irregular west boundary following alley east of Center Street from ~~rest )~leveuth Street to Rose Street, westerly on Rose Street to the Alley east of Belmont Street, north on said alley to the Southern boundary of Lot 16 in Sub- division of L,ot 3 of Mineral Lot 90, east on said boundary of Lot 16 to center of Cummins Street, thence north to Loral Blvd., all as shown on at- tached plat prepared b}• the City Building Commission. This constitutes an extension of the present Multiple Family Residence District which extends westward to Prairie Street and appears to the Plan- ning and Zoning Commission to be a movement in the public interest. Yours trul}-, R. V. MCKAY, Secretary Dubuque Planning & Zoning Commission. Councilman Dlurphy moved that the recommendation of the Planning and Zoning Commission he approved and the City Solicitor to be instructed to prepare the proper proceedings. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas - 1\Iayor Van Duehnan, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-I~TOne. Resolution No. 29 1941 Whereas, The Planning and Zoning Commission of the City of Dubuque, has recommended to the Cit}> Council that the zoning map be amended and changed in the following respects: By changing from a "T~~TO FAlVI- ILY RESIDENCE DISTRICT" to a "MULTIPLE RESIDENCE DIS- TRICT" the area embraced within the following boundaries, to-wit: Commencing at the intersection of Loral Blvd, and Prairie Street in _.~~~ _° , •i = ~~~~ Regular session, April 7th, 1941. 83 the City of Dubuque, Iowa, and ex- tending southeasterly therefrom on Prairie Street to the intersection of Nest 11th and Prairie Streets, and then extending south~~esterly on West 11th Street to the southwest- erly end thereof where the same in- tersects an alley, and thence north- erly in said alley along the westerly side of hots 17 and 13 in Part of Cain's Subdivision in the City of Dubuque, Iowa, to Rose Street, thence westerly on Rose Street to the southeasterly corner of ~. ~, Jones Subdivision in the City of Du- buque, Iowa, thence northwesterly along the easterly side of said sub- division to the southwesterly corner of Lot 16 of the Subdivision of Lot 3 of Mineral Lot 90 in the City of Dubuque, Iowa, thence easterly along the southerly side of said Lot 16 to Cummins Street, thence north- erly on Cummins Street to Loras Blvd. and thence northeasterly on Loras Blvd. to the intersection of Prairie Street, the point of begin- ning. Whereas, Before said zoning map may be thus amended and changed, it is necessary that a public hearing be held thereon: Now, Therefore, Be It Resolved By the City Council of the Citv of Du- buque that said recommendation be, and the same is hereby approved, and the City Clerk, be, and he is hereby directed to cause to be published in the Dubnque Telegraph-Herald a notice of public hearing to be held by this Council upon the proposed changes and amendments, the date of said hearing being hereby fixed at 7:30 o'clock P. 1~L, 1\Ia}> 5th, 1941, and to be held in the Council Chamber in the Cit}= Hall, said notice to be published at least fifteen (15) da}=s between the date of publication thereof and the time fixed for said hearing. That at said hearing all and any parties in in- terest and citizens shall have an op- portunity to be heard. Passed, adopted and approved this 7th day of April, 1941. FRAI~'K VAN DU~LI\IAN, I\Iayor. F. W, THO1lIPSON, ALBI~RT WHARTON, B. A. SCHU~LLI:R, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, Cit}> Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. April 7, 1941. To the Honorable Mayor and City Council of Dubuque Iowa. Gentlemen: The Planning and Zoning Commis- sion respectfully recommends the de- nial of the petition of J, ZV. Lundin dated A-larch 3, 1941, asking that min- imum lot areas for single family resi- dences be reduced from 6000 sq. ft. to 5000 sq. ft. In order to submit a definite con- structive recommendation to City Council the Planning and Zoning Com- mission respectful)}* requests that you allow said Planning and Zoning Com- mission additional time to consider this problem of lot areas in single fam- ily districts both with respect to pres- ent Zoning Ordinance and the propos- ed new Subdivision Ordinance in as much as said Commission is deliber- ating on an amendment to the present Zoning Ordinance and is formulating a change which will provide for possi- ble relief for owners of platted areas who feel they have been undid}* ag- grieved by unuecessar}= and extreme hardships due to the terms of the pres- ent ordinance, and further that said Planning and Zoning Commission aims to word the proposed Subdivision Ordinance to meet like conditions. Yours truly, R. V. MCKAY, Secretary, Planning and Zoning Com- mission, Councilman Thompson moved that the recommendations of the Planning and Zoning Commission be approved. Seconded b}= Councilman Morph}=. Car- ried by the following vote: Yeas - 11Ia}ror Van Duelman, Councilmen Morph}*, Schueller, Thompson, ~~'har- ton. Nays-Noce. April 7, 1941. In re: Claim of Harry J. Correll Honorable Mayor and illembers of the City Council, Cite of Dubuque, Iowa. Gentlemen: There was filed with me claim of Harry J. Correll in which he stated that on March 11, 1941, he was driv- ing his automobile down Valley Street from Mount Loretta; that about one block north of Blount Loretta on Val- ley Street there is an open storm sewer with a rock curbing; that said rock curbing is very close to the tracks used b}* automobiles and was covered with snow, having no guard rail or an}=thing to indicate the presence of curbing. That he was driving his car on the right side of Valley Street and being unable to see any obstructions thereon because of the snow ran into the curb- 84 Regular Session, April 7th, 1941. ing causing damages to his truck. That I have investigated the conditions on Valley Street and am of the opinion that this condition is a dangerous con- dition and should be remedied in some manner. That damages to the truck of claimant amount to $23.80. I rec- ommend that a wa Caon~ebe to s Yhd sum able to Harry J. of $23.80 and that the same be deliver- ed to him upon the execution and de- livery by him of a proper release to the City of Dubuque. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy 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 atnount of $23.50 in favor of Harr}~ J. Correll as settlement in full of his claim and that said warrant be delivered to him upon the execu- tion and delivery of a proper release to the City of Dubuque. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. April 7, 1941. In re: Claim of Nora Kane Honorable Ma}nor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: ti1'ith reference to the action of Nora Kane against the Cit}* of Dubuque, no~v pending in the District Court of Dubuque County, Iowa, claiming $3,000.00 for damages because of in- juries sustained by her in falling on a sidewalk on or about March 10, 1940, in front of a residence located on West 5th and Bluff Streets in the City of Dubuque, at which time she received serious and permanent injuries requir- ing the services of physicians, nurses and hospital care. That she further claims that said injuries were due to the negligence of the City in permit- ting the sidewalk to become in a de- fective condition in permitting water from a driveway to be discharged thereon and form ice, ?which sidewalk ~, ~as in a dangerous and unsafe condi- tion. After this action was commenced in tre District Court, I caused notice to person liable over to be served on Kathryn J. Cooper, the owner of this .property, notifying her that in the event a judgment was rendered against the City of Dubuque that the City ~~rould bring action against her for an}~ judgment that might be rendered in the action commenced by Nora Kane. That I have investigated this case to some extent and consulted with the attorney for the plaintiff and they have agreed to accept $750.00 in full payment of their claim. That after receiving said offer I took the same up with the insurance company carry- ing instrance for Kathryn J. Cooper and they have agreed to one-half of $750.00 or $375.00. I am of the opinion that this case should be settled by the City of Du- bugtte paying to Nora Kane the sum of $375.00. Notice of Hospital Lien has been filed with. the City in which the St. Joseph's Mercy Hospital of Dubuque claims a lien upon arty atnount that may be paid to Nora Kane. Arrange- ments are being made by Nora Kane to have this lien released, and no pay- ments should be made until the lien is released and notice thereof given to the City. I recommend that Nora Kane be paid the sum of $375.00 and that a warrant be issued Payable to Czizek cC- Czizek, her attorneys, upon deliv- ery to the City of good release exe- cuted by plaintiff, a dismissal with pre- judice of her action in the District Court of Dubuque County, Iowa, and notice of release of hospital lien filed by St. Joseph's Mercy Hospital of Du- buque. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor Councilman Murphy moved that the recommendation of City Solicitor Kint- zinger be approved and that a warrant in the amount of $375.00 be ordered drawn payable to Czizek ~ Czizek, Attorneys for Nora Kane, said war- rant to be delivered upon the delivery to the City of Dubuque of a release executed by plaintiff, a dismissal with prejudice of her action in the District Court of Dubuque Count}>, Iowa, and notice of release of hospital lien filed by St. Joseph's Mercy Hospital of Du- buque. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Resohrtion No. 30 -41 Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the T/auager is directed to issue such permit on behalf of said City. Name Address Edmard Duccini (Transfer of address from 574 East 16th St.) 1401 Elm St. Theodore Anthony, 1179 Iowa Street. =~ -:] +a r:; i Regular session, April 7th, 1941. 85 Knights of Columbus, Council No. 510, 781 Locust Street. George Deyoe, 469 IVlain Street. Be It Further Resolved that the bonds filed with the application be ap- proved. Passed, adopted and approved this 7th day of April, 1941. FRANK VAN DUBhMAN, Mayor. F. W. THOMPSON, AI,BBRT WHARTON, B. A. SCHUBI,TaBR, GEO. R. MURPHY, Councilmen, Attest: J. J. SHBA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen 1Vlurphy, Schuel- ler, Thompson, Wharton, Nays-None. Resolution No. 31-41 Whereas, Application for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined: Noty Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are here- by approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name Address C. R. Nelson and Alice Nelson, 431 Rhomberg Avenue. Jacob Hedrick and Ernestine Hedrick, 1236 Iowa Street. Joseph Walsh and Helen Walsh, 21 «Test Seventh Street. Edward J. Duccini and Mabel Duccini (Transfer of address from 574 Bast 16th St.), 1-401 Blm Street. Passed, adopted and approved this 7th day of April, 1941. FRANK VAN DUELMAl\T, Mayor. F. ZV. THOMPSON, ALBERT ~VHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHBA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution ldo. 32 -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 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 hereby directed to issue to the following named persons a Beer Permit. Class "B" Permit 1Vame Address C. R. Nelson and Alice Nelson, 43,1 Rhomberg Avenue. Jacob Hedrick and Ernestine Hedrick, 1236 Iowa Street. Joseph Walsh and Helen Walsh, 21 Nest Seventh Street. Edward J. Duccini and Mabel Duccini (Transfer of address from 574 East 16th St.), 1401 Elm Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of April, 1941. FRANK VAN DUEL,MAN, Mayor. F. W. THOMPSON, ALBERT \VHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murph}>, Schueller, Thompson, Wharton. Na}~s -Noce. Ordinance No. 7-41. An ordinance defining "milk" and certain "milk products," "mills producer," "pasteur- ization," etc., prohibiting the sale of adulterated and tnisbrandecP milk and milk products, requiring permits for the sale of milk and milk products, regulating the inspection of dairy farms and milk plants, the examination, grad- ing, labeling, placarding, pasteuriza- tion, regrading, distribution, and sale of milk and milk products, providing for the publishing of milk grades, the construction of future dairies and milk platlts, the enforcement of this ordin- ance, and the fixing of penalties, pre- sented and read. Councilman Thomp- ~- , ~. ~, .; j ` , ; ; I~' ,~. ,,!, ; r' egular Session, ~~ ~ ~ , '~~ ! ,:' son moved that the reading just had „ , ~ , ~'! ~ be considered the first reading of the ( ordinance. Seconded by Councilman - ;, 'i ; i;>''' '' ZVharton. Carried by the following '" ( ~`, ' vote: Yeas: Mayor Van Duelman, l , ' , Councilmen 11Iurphy, Schueller, ~ ~; Thompson, Wharton. Nays-None. , f ,' Councilman Thompson moved that the ~ ~ v,, I„ rules be suspended requiring an or- `;; ` „ ~: ,,,' dinance to be read on three separate '-' ( , ; ~'.', ~ p,` days. Seconded by Councilman ~Vhar- , ~ ' ' '~ ton. Carried by the following vote: ` ,! ' , , Yeas-Mayor Van Duelman, Council- {. j,)~;;; men 1\Iurph}~, Schueller, Thompson, , , ; I,'''+, Wharton. Na}*s-None. The ordin- " 'I'' ~' ~~ ;G,,; ;,, ,;, . ance ~ti-as then read a second time. ' '~,,,; Councilman Thompson moved that the ~ ttst had be considered the sec- readin ~ g ; ond reading of the ordinance. Seconded k~.! ,'~' by Conncitmau ZVharton, Carried b}' ' f, the following vote: Yeas - 1\Iayor I' j ~ Van Duelman, Councilmen TIurphy, ~ ,' ; ' Schueller, Thompson, ZVharton. Nays .; I t ;'~, ; , „~ •, -None. Councilman Thompson mov- `' ~ ji' '~ ;,, ~ ed that the ordinance be placed on file °I`' „ ;!' '" '' with the City •Clerk for public inspec- , ' tion for at least one week before its '', final adoption. Seconded by Council- ~ ~ man Schueller. Carried by the follow- :,; i'; ~ '', ing rote: Yeas-lIayor Van Duel- ' ~ ~ (a '~E,;.,',, ~, man, Councilmen Murphy, Schueller, ~, E,~ .,I', Thompson, ~ZTharton. I~Tays-None. , ~;;~ Counctlman ZVharton moved that the ordinance be considered on third read- „i !',, iu~ at a meeting of the Council to be '~ ;' ,;j'',j'';' ', held April 21st, 19-11, at which time , ''i any interested person or persons may ,6, ( , appear and state their objections, tf „ ~ any, against the adoption of said or- ' '~' "' "'"~' dinance. Seconded by Councilman ( "' ~'~ Schueller. Carried by the following <1 , '6i.', Grote: Yeas-Mayor Van Duelman, ,, ' Councilmen Murph}*, Schueller, , .r' a ,; ~;~i . , j Thompson, Wharton. Nays-None. i , 1';j , Councilman ZVharton moved that the ~ ,, ~! ~ ailo~ving any one present iu the Couu- (, i cil Chamber, who wishes to do so, to Y. 'i; address the Council. Seconded by Councilman Thompson. Carried by !~" ~~' ", the following vote: Yeas-Mayor '`, I,~' Van Duelman, Councilmen illurphy, ,,, !' Schueller, Thompson, Wharton. Na}*s t I -None. ;: ~'I'~; Communication of Otto F. Puls, Sec- i. i ';' retary of the Police and Fire Pension Fund Board, advising that the term `, 'I !,! ' of Mr. J, h. Deming, Civilian mem- ber of the Police and Fire Pension Fund Board, expires March 31, 1941, l presented and read. Councilman Thompson moved that Mr. J. K. Dem- ' , k~ ', ing be_re-appointed as a Civilian mem- ~ ber of the Police and Fire Pension .,! 's .' Fund Board said term to ex ire P March 31, 1944. Seconded by Coun- ' Gilman Wharton. Carried by the fol- ~;''' Lowing vote: Yeas-Mayor Van Duel- ', ii,!,', man, Councilmen Murphy, Schueller, 6; ' f' I'. ;' I I' `, rules be suspended for the purpose of ~ ~'; Thompson, Whartin. Nays-None. ~4pri1 7th, 1941. There being no further business i. Councilman Murphy moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas -T~Iayor Van Duelman, Councilmen - ?\Iurphy, Schueller, Thompson, Whar- ton. Nays-None. J. J. SHWA, City Clerk. Approved ______1941, Adopted ------------------------1941. e ~----------------------- S Councilmen: ~_______________________ F 3 _ b 1----------------------- Attest: ----------------------------- City Cleric. t Special Session, April 21st, 1941. 87 F~. ~ (Official) Special Session, April 21st, 1941 Council met at 7:50 P. &I. Present - Alayor Van Duelman Councilmen Murphy, Schueller Thompson, tiVharton, City Manages Rhoinberg. Meeting called by order of Council- men Wharton and Thompson, A/ayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing for final adoption Ordinance No. 7-41, an Ordinance defining "milk" and certain "mill: products," "milk pro- ducer," "pasteurization," etc., and act- ing on any other business as may prop- erly come before a regular meeting of the City Council. Ordinance No. 7-41. An ordinance defining "mills" and certain "milk prod- ucts," "mills producer," "pasteuriza- tion," etc., prohibiting the sale of adul- terated and misbranded milk and milk products, requiring permits for the sale of mills and milk products, regulating the inspection of dairy farms and mills plants; the examination, grading, label- ing, placarding, pasteurization, regrad- ing, distribution, and sale of milk and mills products, providing for the pub- lishing of mills grades, the construc- tion of future dairies and milk plants, the enforcement of this ordinance, and the fixing of penalities, said ordinance having been passed upon first and sec- ond readings on April 7th, 1941, and ordered placed on file with the City Clerk for public inspection before its final adoption, presented and read a third time. ORDINANCE NO. 7-41 Ordinance No. 7-41. An ordinance defining "milk" and certain "milk prod- ucts," "milk producer," "pasteuriza- tion," etc., prohibiting the sale of adul- terated and misbranded mills and milk products, requiring permits for the sale of milk and mills products, regulating the inspection of dairy farms and milk plants, the examination, grading, label- ing, placarding, pasteurization, regrad- ing, distribution, and sale of milk and milk products, providing for the pub- lishing of milk grades, the construc- tion of future dairies and tnilk plants, the enforcement of this ordinance, and the filing of penalties. Be it ordained by the City Council of the City of Dubuque as follows: SECTION 1, Definitions-The fol- lowing definitions shall apply in the interpretation and the enforcement of this ordinance: A. Rlilk-Milk is hereby defined to be the lacteal secretion obtained by the complete milking of one or more healthy cows, excluding that obtained within 15 days before and 5 days after calving, or such longer period as may be necessary to render the milk prac- tically colostrum free; which contains not less than 8 per cent of milk solids not fat, and not less than 3% per cent of milk fat. B. Rlilk fat or butter fat-Milk fat or butter fat is the fat of milk. C. Cream and sour cream.-Cream is a portion of mills which contains not less than 18 per cent milk fat. Sour cream is cream the acidity of which is more than 0.20 per cent, expressed as lactic acid. D. Skimmed milk.-Skimmed milk is milk from which a sufficient por- tion of milk fat has been removed to reduce its milkfat percentage to less than 3;~ per cent. 1~. D'Iills or slsiinmed mills beverage. A mills beverage or a skimmed-milk beverage is a food compound or con- fection consisting of mills or skimmed mills, as the case may be, to which has been added a syrup or flavor con- sisting of wholesome ingredients. F. Buttermilk.-Buttermilk is a product resulting from the churning of milk or cream, or from the sour- ing or treatment by a lactic acid or other culture of milk, skimmed mills, reconstituted skimmed mills, evaporat- ed or condensed milk or skimmed milk, or milk or skimmed-milk powder. It contains not less than 8 per cent of tnills solids not fat. G. Vitamin DMills. -Vitamin D milk is mills the vitamin D content of which has been increased by a meth- od and in an amount approved by the 1-iealth officer. H. Reconstituted or recombined milk and cream.-Reconstituted or re- combined mills is a product resulting from the recombining of mills cinstit- uents jvith water, and which complies with the standards for mills fat and solids not fat of milk as defined here- in. Reconstituted or recombined cream is a product resulting from the ,ombination of dried cream, butter or butter fat with cream, mills, skimmed mills, or water. I. Goat milk.-Goat milk is the acteal secretion, free from colostrum obtained by the complete milking of (a-: 1~ _ 1 -. ^AI g$ Special Session, April 21st, ILK". healthy goats, and shall comply with aIi the requirements of this ordinance. 'i he word "cows" shall be interpreted to include goats. J. Homogenized milk.-Hotnogen- ized milk is milk which has been treat- ed in such manner as to insure break- up of the fat globules to such an ex- tent that after 48 hours storage no visible cream separation occurs on the milk and fat percentage of the top 100 cc. of milk to a quart bottle, or of proportionate volumes in containers of other sizes, does not differ by more tl'an 5 per cent of itself from the fat percentage of the remaining milk as determined after thorough mixing. Imo. Milk products.-Milk products shall be taken to mean and include cream, sour cream, homogenized milk, goat milk, vitamin D milk, buttermilk, skimmed milk, reconstituted or recom- bined milk and cream, milk beverages, slcimined-milk beverages, and any oth- er product made by the addition of any substance to milk or any of these products and used for similar purposes and designated as a milk product by the health officer. I,. Pasteurization. - The terms "pasteurization," "pasteurized," and similar terms shall be taken to refer to the process of heating every particle of milk or milk products to at least 143 degrees F'., and holding at such temperature for at least 30 minutes, or to at least 160 degrees F., and holding at such temperature for at least 15 seconds, in approved and prop- erly operated equipment: Provided, that nothing contained in this defini- tion shall be construed as disbarring any other process which has been dem- onstrated to be equally efficient and is approved by the State health author- ity. P. Dairy or dairy farm. - A dairy or dairy farm is any place or prem- ises where one or more cows are kept, a part or all of the milk or milk prod- ucts from which is sold or offered for sa'_e. Q. Milk plant. - A mills plant is auy place or premises or establishment where milk or milk products are col- lected, handled, processed, stored, bot- tled, pasteurized, or prepared for dis- tribution. R. Health officer. - The term "health officer" shall mean the health authority of the City of Dubuque, or his authorized representative. ~. Average bacterial plate count, direct microscopic count, reduction time, and cooling temperature.-Av- erage bacterial plate count and aver- age direct microscopic count shall be taken to mean the logarithmic average, and average reduction .time and aver- age cooling temperature shall be tak- en to mean the arithmetic average, of the respective results of the last four consecutive samples, taken upon sep- arate days, irrespective of the date of grading or regrading. T. Grading period. -The grading period shall be such period of time as the health officer may designate within which grades shall be deter- mined for all mills and milk products, provided that the grading period shall in r.o case exceed 6 months. U. Person. -The word "person" as used in the ordinance shall mean "person, firm, corporation, or associa- tion." V. Aud/or. - Where the term "and/or" is used "and" shall apply where possible, otherwise "or" shall apply. SI~CTION 2. The sale of adulter- ated, misbranded, or ungraded milk or milk products prohibited.-No per- son shall within the City of Dubuque, produce, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated, misbranded, or ungrad- ed. It shall be unlawful for an}~ per- son, elsewhere than in a private home, to have in possession any adulterated, misbranded, or ungraded milk or milk product. SI~CTION 3. Permits.-It shall be unlawful for any person to bring into or receive into the City of Dubuque, for sale, or to sell, or offer for sale therein, or to have in storage where milk or milk products are sold or ser- ~: ed, auy milk or milk products defin- ed in this ordinance, who does not pos- sess a permit from the City l~fanager of the City of Dubuque. M. Adulterated milk and milk prod- ucts.-Any milk or milk product which contains any unwholesome substance, or which if defined in this ordinance does not conform with its definition, or which carries a grade label unless such grade label has been awarded bj> the health officer and not revoked, shall be deemed adulterated and mis- branded. N. Milk producer.-A milk produc- er is any person who owns or controls one or more cows, a part or all of the milk or milk products from which is sold or offered for sale. O. Milk distributor. - A milk dis- tributor is any person who offers for sale or sells to another any milk or milk products for human consumption as such. t tai mi. all hey he< of far of dui o f6 all prc wit the tioi ma of for hef S°C ter mil Sail cor imi sha Special Session, April Zlst, 1441. Any and all persons who receive a permit herein must comply with all provisions of this ordinance. Any permit may be suspended by the City Manager for good cause. Upon hearing, the City Manager may revoke any permit issued where it is shown that the holder of the permit l:as violated any of the terms of this ordinance. The time and place of hearing shall be fixed by the City Man- ager and the permit holder given no- tice of such hearing before the time fixed therefor, SECTION 4. Labeling and placard- ing.-All bottles, cans, packages, and other containers enclosing milk or any milk product defined in this ordinance shall be plainly labeled or marked with (1) the name of the contents as given in the definitions in this ordin- ance; (2) the grade of the contents; (3) the word "pasteurized" only if the contents have been pasteurized; (4) the word "raw" only if the contents are raw; (5) the phrase "for pasteuriza- tion" if the contents are to be pasteur- ized; (6) the name of the producer if the contents are raw, and the name of the plant at which the contents were pasteurized, if the contents are pas- teurized; and (7) in the case of vita- min Dmilk, the designation "Vitamin D Milk" and the source of the vitamin D. The label or mark shall be in the letters of a size, kind, and color ap- proved by the health officer and shall contain no marks or words which are misleading. $very restaurant, cafe, soda foun- tain, or other establishment serving milk or mills products shall display at all times, in a place designated by the health officer, a notice approved by the health officer, stating the lowest grade of milk and/or milk products served. S1~CTION 5. Inspection of dairy farms and milk plants for the purpose of grading or regrading.-At least once during each grading period the health officer shall inspect all dairy farms and all milk plants whose milk or milk products are intended for consumption within the City of Dubuque. In case the health officer discovers the viola- tion of any item of sanitation, he shall make a second inspection after a lapse of such time as he deems necessar}* for the defect to be remedied, but not before the lapse of three days; and the second inspectiin shall be used in de- termining the grade of milk andlor milk products. Any violation of the same item of this ordinance on two consecutive inspections shall call for immediate degrading. One copy of the inspection report shall be posted by the health officer in a conspicuous place upon an inside wall of one of the dairy farm or mills plant buildings, and said inspection re- port shall not be defaced or removed by any person except the health of- f cer. Another copy of the inspection report shall be filed with the records of tr:e health department. SECTION 6. The examination of milk and milk products.-During each grading period at least four samples of milk and cream from each dairy farm and each milk plant shall be tak- on on separate days and examined by the health officer. Samples of other milk products may be taken and ex- amined by the health officer as often as he deems necessary. Samples of milk and milk products from stores, cafes, soda fountains, restaurants, and other places where milk or milk prod- ucts are sold shall be examined as of- ten as the health officer may require. Bacterial plate counts and direct mi- croscopic counts shall be made in con- formity with the latest standard meth- ods recommended by the American Public Health Association. $xamina- tions may include such other chemi- cal and physical determinations as the health officer may deem necessary for the detection of adulteration, these ex- aminations to be made in accordance with the latest standard methods of the American Public Health Associa- tion and the Association of Official Agricultural Chemists. Samples may be taken by the health officer at any time prior to the final delivery of the milk or milk products. All proprietors of stores, cafes, restaurants, soda foun- tains, and other similar places shall furnish the health officer, upon his re- quest, with the names of all distribu- tors from whom their milk and milk products are obtained. Bio-asseys of the Vitamin D content of Vitamin D milk shall be made when required by the health officer in a laboratory ap- proved by him for such examinations. Whenever the average bacterial count, the average reduction time, or the average cooling temperature falls beyond the limit for the grade then held, the health officer shall send writ- ten notice thereof to the person con- cerned, and shall take an additional sample, but not before the lapse of three days, for determining a new aver- age in accordance with Section 1 (S). Violation of the grade requirement by the new average or by any subsequent average during the remainder of the current grading period shall call for immediate degrading or suspension of the permit, unless the last individual result is within the grade limit. SECTION 7. The grading of milk and milk products.-At least once every six months the health officer shall an- 90 Special Session, April 21st, 1941. pounce the grades of all mills and mill: products delivered by all producers or distributors and ultimately consumed within the City of Dubuque. Said grade shall be based upon the following standards, the grading of mills prod- ucts being identical with the grading of mill: except that the bacterial stan- dards shall be doubled in the case of cream, and omitted in the case of sour cream and buttermilk. Vitamin D milk shall lie only a Grade A pasteurized, certified, or grade A raw quality. Certified milk-rate-Certified milk- raw is raw milk which conforms with the requirements of the American As- sociation of Medical Milk Commis- sions in force at the time of produc- tion and is produced under the super- vision of a medical milk commission and of the State Board of Health or of tite city health officer of Dubuque. Grade A raw milk.-Grade A raw milk is raw milk the average bacterial plate count of which as determined under Sections 1 (S) and 6 of this or- dinance does not exceed 50,000 per cubic centimeter, or the average direct microscopic count of which does not exceed 50,000 per cubic centimeter if clumps are counted or 200,000 per cubis centimeter if individual organisms are counted, or the average reduction time of which is not less than eight hours: Provided, that if it is to be pasteurized the corresponding limits shall be 200,- 000 per cubic centimeter, 200,000 per cubic centimeter, 500,000 per cubic centimeter, and 6 hours, respectively ; and which is produced upon dairy farms conforming with all of the fol- lowing items of sanitation: Item lr. Cows, tuberculosis and other diseases.-7~xcept as provided hereinafter, a tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold, and at least once every 12 months thereafter, by a licensed veterinarian approved by the State I,ivestoclc Sani- tary Authorit}=. Said tests shall be made and reactors disposed of in ac- cordance with the requirements ap- proved by the United States Depart- ment of Agriculture, Bureau of Ani- mal Industr}=, for accredited herds A certificate signed b}= the veterinarian or attested to by the health officer and filed with the health officer shall be evidence of the above test: Provided, that iu modified accredited counties iu which the modified accredited area plan is applied to the dairy herds the modified accredited area system ap- proved by the United States Bnreatt of Animal Industry shall be accepted is lieu of annual testing. Within two }=ears after the adoption of this ordinance all milk and milk products consumed raw shall be from herds or additions thereto which have been found free from Bang's disease, as shown by blood serum tests for ag- glutiuins against Brucella abortus made in a laboratory approved by the health officer. All such herds shall be retest- ed at least every 12 months and all reactors removed from the herd. :~ certificate identifying each animal by number and signed by the laboratory making the test, shall he evidence of the above test. Cows which show an extensive or entire induration of one or more quar- ters of the udder upon ph5=sisal ex- amination, whether secreting abnormal mill:, or not, shall be permanently ex- cluded from the milking herd. Cows giving bloody, stringy, or otherwise abnormal mill:, but tti-tth only slight induration of the udder, shall be ex- cluded from the herd until re-examin- ation shows that the mills has become normal. For other diseases such tests and examinations as the health officer map require shall be made at intervals and by methods prescribed by him, and any diseased animals or reactors shall be disposed of as he may require. Item 2r. Dairy barn, lighting. - A dairy or mill:ing barn shall be requir- ed and in such sections thereof where cows are minced ~vindo~vs shall be pro- videcl and kept clean and so arranged as to insure adequate light properly distributed, and when necessary shall be provided with adequate supplemen- tary artitlcial light. Item 3r. Dairy barn, air space and ventilation.-Such sections of all dairy barns where cows are leept or milked shall be well ventilated and shall be so arranged as to avoid overcrowding. Item ~4r. Dairy barn, floors.-The floors and gutters of such parts of all dairy barns in which cows are milked shall be constructed of con- crete or other approved impervious and easily cleaned material, provided that if the mill: is to be pasteurized tight wood ma}- be used, shall be grad- ed to drain properl}=, and shall be kept clean and in good repair. No horses, pigs, fowl, calves, etc., shall be permit- ted in parts of the barn used for milk- ing. Item 5r. Dairy barn, walls and ceilings.-The walls and ceilings of all dairy barns shall be ~vhite~vashed once each year or painted once every ? years, or oftener, if necessary, or fin- ished in an approved manner, and shall be kept clean and in good repair. In case there is a second story above that part of the barn in which cows are milked, the ceiling shall be tight. sh. sar anc ma Special Session, April 21st, 1941. 91 If the feed room adjoins the milking space, it shall be separated therefrom by a dust-tight partition and door. Ne feed shall be stored in the milking por- tion of the barn. Item 6r. Dairy bare, cowyard.-All colvyards shall be graded and drained as well as practicable and kept clean. Item 7r. Iblanure disposal.-All ma- nure shall be removed and stored or disposed of in such manner as best to prevent the breeding of flies therein or the access of cows to piles thereof. Item 8r. IVlilk house or room, con- struction.-There shall be provided a milk house or milk room in which the cooling, handling, and storing of milk and milk products and the washing, bactericidal treatment, and storing of milk containers and utensils shall be done. (a) The mills house or room shall be provided with a tight floor constructed of concrete or other im- pervious material, in good repair, and graded to provide proper drainage. (b) It shall have walls and ceilings of such construction as to permit easy cleaning, and shall be well painted or finished in an approved manner. (c) It shall be well lighted and ventilated. (d) It shall have all openings effec- tively screened, including outward- opeuing, self-closing doors, unless oth- er effective means are provided to pre- vent the entrance of flies. (e) It shall be used for no other purpose than those specified above except as may be approved by the health officer; shall not open direct)}- into a stable or into any room used for domestic purposes, shall, unless the mills is to be pasteur- ized, have water piped into it; shall be provided with adequate facilities for the heating of water for the cleaning of utensils; shall be equipped with two- compartment stationary wash and rinse vats, except that in the case of retail raw mills, if chlorine is employed as the principal bactericidal treatment, the three-compartment t}-pe must be used; and shall, unless the milk is to be pas- teurized, be partitioned to separate the handling of milk and the storage of cleansed utensils from the cleaning and other operations, which shall be so lo- cated and conducted as to prevent any contamination of the milk or of clean- ed equipment. Item 9r. Milk house or room, clean- liness and flies.-The floors, walls, ceilings, and equipment of the milk house or room shall be kept clean at all times. All means necessary for the elimination of flies shall be used. Item lOr. Toilet.-very dairy farm shall be provided with one or more sanitary toilets conveniently located and properly constructed, operated, and maintained, so that the ~n~aste is inac- cessible to flies attd does not pollute the surface soil or contaminate any water supply, Item llr. ~~rater supply.-The ~va- ter supply for the mills room and dairy bare shall be properly located, con- stt-ucted, and operated, and shall be easily accessible, adequate, and of a safe sanitar}~ quality. Item 12r. Utensils, construction.- All multi-use containers or other utensils used in the handling, storage, or transportation of mine or milk prod- ucts must be made of smooth nonab- sorbent material and of such construc- tion as to be easily cleaned, and must be in good repair. Joints and seams shall be soldered flush. Woven wire cloth shall not be used for straining milk. All milk pails shall be of a small mouth design approved by the health officer. The manufacture, packing, transportation, and handling of single- service containers and container caps and covers shall be conducted in a sanitary manner. Item 13r. Utensils, cleaning.-All multi-used containers, equipment, and other utensils used in the handling, storage, or transportation of milk and milk products must be thorough)}* cleaned after each usage. Item I-lr. Utensils. Bactericidal Treatment.-All multi-used containers, equipment, and other utensils used in the handling, storage or transportation of mills or milk products shall between each usage be subjected to an approe- ed bactericidal process with steam, hot ii-ater, chlorine, or hot air. Item 15r. Utensils, storage. -All containers and other utensils used in the handling, storage, or transporta- tion of milk or mills products shall be stored so as not to become contamin- ated before being used. Item 16r. Utensils, handling. - After bactericidal treatment no con- tainer or other milk or mine product utensil shall be handled in such man- ner as to permit any part of an}* per- son or his clothing to come in contact lvith any surface ~yith which mills or milk products come in contact. Item 17r. Milking, udders and teats, abnormal mills.-The udders and teats of all milking cott~s shall be cleaned and rinsed with a bactericidal solution at the time of milking. Abnormal milk shall be kept out of the mills sup- ply and shall be so handled and dis- posed of as to preclude the infection of the cows and the contamination of milk utensils. Item 18r, Milking, flanks. -The flanks, bellies, and tails of all milking - _.: ',s ~'I ~:, i ,_., ~ ?~' I ~I ' ,i fl2 Special Session, Papril Zlst, 1941. ~, ~ I °;', cows shall be free from visible dirt at f Such persons shall furnisn sisal ex- subject to such p' y rmation ~ ,?. ; I, ~ the time of milking. a , o and submit such Tabora- minations ~ - ~'"~'''""' ~' "'' , Item 19r. Milkers' hands.-Milkers' tory specimens as the health officer r the purpose of deter- ith a f i I ~; ~"„ ~ ~ o re may requ hands shall be clean, rinsed w mining freedom from infection. °, bactericidal solution, and dried with a ~ , i,~,,' ' clean towel immediately before milking interruption in the n i ll P Item 26r, Miscellaneous.-All ve- ; ,, I '~!';'~ ~ ~ y ng a ow and fo milking operation, Wet-hand milking hicles used for the transportation of n- ~ , ~ ~`' ~ ~ '~ is rohibrted, Convenient facilities milk or milk products shall be so co rotect t d !~ ''; ~ ''! ~ ~ o p as shale be provided for the washing of structed and operate ir contents from the sun and from th ". f,l, ', p',,',",`: I milkers' hands. e contamination. All vehicles used for } od- ilk ' ~~ pr Item 20r. Clean clothing.-Milkers the transportation of milk or m 1 ~ ~ ~' and milk handlers shall wear clean acts in their final delivery containers ; _ i j'' ' ; ' ` outer garments while milking or hand- shall be constructed with permanent .,; , ,, , , !,! "'' '~"' "' ~ i ling mills, milk products, containers, tops and with permanent or roll-down h , ~~` ~' ',' Ii ! utensils, or equipment. at open- sides and back, provided t s of the size necessary to pass the i ; i !'j Item 21r. Milk stools.-Milk stools ng delivery man may be permitted in the ` ~ ' shall be kept clean. sides or back for loading and unloading 6 ;~,,1"~ ,'',,''' Item 22r. Removal of milk.-each purposes. All vehicles shall be kept d no substance capable of `' ~'`'"'' ' ' , ~ i!, ail of milk shall be removed immedi- P i i clean, an contaminating mills or milk products ,, ',;; ~,<'j, ~, ng n ately to the milk house or stra ined or t b shall be transported with milk or milk ,''; G,!r, ""?~'~ ''''' ra e s room. No milk shall oured in the dairy barn. products in such manner as to permit ehicles used for All i ~( p Item 23r. Cooling.-Milk must be v on. contaminat the distribution of milk or milk prod- ~, - P di h f ,, ` : i"if ''" ''~ cooled immediately after completion or less F d s e t acts shall have the name o tributor prominently displayed. I , . egrees of milking to 50 } : i and maintained at that average temp- defined in section 1 (S), i The immediate surroundings of the ,? I, ~~! ''• '' perature, as until delivery, If milk is delivered to ' dairy shall be kept in a neat, clean con- - "''~"'' ' ~ g a mills plant or receivin station for dition. ; +~'4 ; ' 'i'~ I pasteurization or separation, it must ered within 2 hours after coin- li d b Grade B raw milk.-Grade B raw ~ •, ~~, , ', ' , ',~ ';~; ', G;, ' e v e pletion of milking or cooled to 70 de- nd maintained at l mills is raw mills which violates the bacterial standard and/or the abortion '! °' ~ , ess a degrees F., or that average temperature until deliver- testing requirement for grade A raw forms with all oth- hi h ~,, '~ ", ~`' ~ ed. con c milk, but w € uu-ements for grade A ra~v milk, a~e ~ s~, ; Item 24r. Bottling and capping.- ` q er and has an average bacterial plate ~ i ' h~ !~' it/ill: and milk products shall be bot- count not exceeding 1,000,000 per ct?- "'?'?'°' tied from a container with a readily his centimeter, or an average direct ? 1 - ~ di ~'~,; ' i !' ~ ~' ~' cleanable valve, or by means of an roved bottling machine. Bottles a , ng microscopic count not excee 00 per cubic centimeter if clumps 6110 ~ ~` :',~,~' pp shall be capped b}~ machine. Caps or , e.re counted or 4,000,000 per cubic cen- ~ `~ i' cap stock shall be purchased in sari- timeter if individual organisms are i ~ s 1' tart' containers and kept therein in a me counted, or an average reduction t ~ „ !;~ ~ clean dry place until used. of not less than 3/ hours, as determin-. - ed under sections 1 (S) and 6. ~' Item 25r. Personnel, health.-The } ? th officer or a physician authorized heai Grade C Raw mills.-Grade C raw .':~'! ''i _ by him shall examine and take acare- l morbidity history of every person f iniik is raw milk which violates any of the requirements for grade B iniik. i,~ ~ ! ! ~ ! u connected with a retail raw dairy, or whose wort: be employed t t Certified mills-pasteurized. - Certifi- , i l ;''~! : o about brings him in contact with the produc- ta- ed milk-pasteurized is certified milk- h has been pasteurized, cool- hi - ! r trans or o P ra e to ~+ handliu s ~.on g. mills products, containers, of milk ti c raw w _ P ed, and bottled in a milk plant con ?'~ i ?, , on ' ~ment. If such examination or or egtur rson may h forming with the requirements for i asteurized milk. p A d !!", pe history suggests that suc p gra e l''' ! ' be a carrier of or infected with the or- hoid or paratyphoid fe- f t i Grade A pasteurized milk.-Grade A i i ( ''!' yp gauisms o ver or any other communicable diseases lk, pasteurized milk is grade A rate m tions as are indicated h exce i h ' ~ l likely to be transmitted through mills, i p suc t w r if the milk is to be pasteurized, which . ~ ' mens he shall secure appropriate spec es and cause them to r h di d has been pasteurized, cooled, and bot- ~ ' g sc a of bo y oved t tied in a milk P h n r ( i ! !'' be examined in a laboratory appr sanita of ite ns m Ilow all of the fo g hor- Health ant t to e - the S b hi l j, m or } ate by d the average bacterial p e tion an th ions and if t examinat ' G r sucl - itie. fo t of which at no time after pas b i e coun results justif7 such person shall barred fmm such employment. teurization and until delivery exceeds Special Session, April 21st, 1941. 30,000 per cubic centimeter, as deter tntned under sections 1 (S) and 6. The grading of a pasteurized mill supply shall include the inspection o receiving and collecting stations witl respect to items lp to 15p inclusive and 17p, 19p, 22p, and 23p, except tha the partitioning requirement of item 5p shall not apply. Item lp. Floors.-The floors of all rooms in which milk or milk product; are handled or stored or in which milk utensils are washed shall be construct- ed of concrete or other equally imper- vious and easily cleaned material and shall be smooth, properly drained, pro- vided with trapped drains, and kept clean. Item Zp. Walls and ceilings.-Walls and ceilings of rooms in which milk or milk products are handled or stored or in which milk utensils are washed shall have a smooth, washable, light- colored surface and shall be kept clean. Item 3p. Doors and windows.-Un- less other effective means are pro- vided to prevent the access of flies, al] openings into the outer air shall be effectively screened and doors shall be self-closing, Item 4p, bighting and ventilation.- A11 rooms shall be v~ell lighted and ventilated. Item 5p. Miscellaneous protection from contamination. - The various milk-plant operations shall be so lo- cated and conducted as to prevent any contamination of the milk or of the cleaned equipment. All means neces- sary for the elimination of flies shall be used. There shall be separate rooms for (a) the pasteurizing, processing, cooling, and bottling operations, and (b) the washing and bactericidal treat- ment of containers. Cans of raw milk shall not be unloaded directly into the pasteurizing room. Pasteurized milk or milk products shall not be per- mitted to come in contact with equip- ment with which unpasteurized mill: or milk products have been in contact, unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment. Rooms in which milk, milk products. cleaned utensils, or containers are handled or stored shall not open directly into any stable or living quarters. The pasteurization plant shall be used for no other pur- poses that the processing of mills and milk products and the operations inci- dent thereto, except as may be ap- proved by the health officer. Item 6p. Toilet facilities. - every milk plant shall be provided with toi- let facilities conforming with the or- dinances of the City of Dubuque. Toi- 93 let rooms shall not open directly into any room in which milk, milk products, equipment, or containers are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condi- tion, in good repair and well ventilated. In case privies or earth closets are permitted and used they shall be sep- arate from the building, and shall be of a sanitary type constructed and op- erated in conformity with the require- ments of item lOr, grade A raw milk. Item 7p. Water supply.-The water supply shall be easily accessible, ade- quate, and of a safe, sanitary quality. Item 3p. Hand washing facilities.- Convenient hand-washing facilities shall be provided, including warm running water, soap, and approved sanitary towels. The use of a common towel is prohibited. Item 9p. Sanitary piping. -All piping used to conduct milk or milk products shall be "sanitary milk pip- ing" of a type which can be easily cleaned with a brush. Pasteurized milk and milk products shall be con- ducted from one piece of equipment to another only through sanitary milk piping. Item lOp. Construction and repair of containers and equipment. - All multi-use containers and equipment with which milk or milk products come in contact shall be constructed in such manner as to be easily cleaned and shall be kept in good repair. The man- ufacture, packing, transportation, and handling of single-service containers and container caps and covers shall he conducted in a sanitary manner. Item llp. Disposal of wastes.-All wastes shall be properl}~ disposed of. Item 12p. Cleaning and bactericidal treatment of containers and equipment. All mill: and milk products' containers and equipment, except single-service containers, shall be thoroughly cleaned alter each usage. All containers shall he subjected to an approved bacteri- cidal process after each cleaning and all equipment immediately before each usage. When empty and before be- ing returned to a producer by a milk plant each container shall be effective- ly cleaned and subjected to a bacteri- cidal treatment. Item 13p. Storage of containers and equipment. After bactericidal treat- ment all bottles, cans, and other mul- ti-use milk or milk-products contain- ers and equipment shall be stored in such manner as to be protected from contamination. Item 14p. Handling of containers and equipment.-Between bactericidal _..: q Wz..°"~ ~t 94 Special Session, April Zlst, 1941. treatment and ttsagi ~ metditdshalg not be containers and eq P handled or operated in such manner as to permit contamination of the milk. Item 15p. Storage of caps, parch- ment paper, and single-service con- tainers.-Milk-bottle caps or cap stock, parchment gaper for milk cans, and single-service containers shall be pur- chased and stored only in sanitary tubes and cartons, respectively, and shall he kept therein in a clean dry place. Item 16p. Pasteurization-Pasteuri- zation shall be performed as describ- ed in section 1 (L,) of this ordinance. Item 17p. Cooling.-All milk and milk products received for pasteuriza- tion shall immediately be cooled in ap- proved equipment to 50 degrees Fe ar less and maintained at that temp tore until pasteurized, unless they are to be pasteurized within 2 hours after receipt; and all pasteurized milk and milk products shall be immediately cooled in approved equipment to an average temperature of 50 degrees F. or less, as defined in section 1 (S), and maintained thereat until delivery. Item 13p. Bottling. -Bottling of mills and mills products shall be done at the place of pasteurization in ap- proved mechanical equipment. Item 19p. Overflow mina.-Over- floty milk or mills products shall not be sold for human consumption. Item 20p. Capping. - CaPPtng °f miik andovetdl mre c anicalhaeq~ Pm~nt by aPP' Hand capping is prohibited. The cap or cover shall cover the pouring lip to at least its largest diameter. Item 21p. Personnel, health.-The health officer or a physician authorized by him shall examine and take a care- ful morbidity history of every person connected with a pasteurization plant, or about to be employed, ~;'hose work brings him in contact ~vtth the pro- duction, handling, storage or trans- portation of milk, milk products, con- tainers, or equipment. If such exam- it;ation or history suggests that such person may be a canter hod orfpara- with the organisms of typ typhoid fever or any other communi- cable daseases likely to be transmitted through mill:, he shall secure appro- priate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the State Health authorities for such ex- aminations, and if the results justify such person shall be barred from sucl employment. Such persons shall furnish such in~ formation, submit to such physical ex aminations, and submit such labora- tory specimens as the health officer may require for the purpose of deter- mining freedom from infection. Item 22p. Personnel, cleanliness: -- All persons comnig in contact with milk, mills products, containers or equipment shall wear clean outer gar- ments and shall keep their hands clean at all times while thus engaged. Item 23p. Miscellaneous. -All ve- hicles used for the transportation of milk or tnilk products shall be so con- structed and operated as to protect their contents from the sun and from contamination. All vehicles used for the transportation of milk or milk products in their final delivery con- tainers shall be constructed with per- manent taps and with permanent or roll-down sides and back, provided that openings of the size necessary to pass the delivery man may be permit- ted in the sides or back for loading and unloading purposes. All vehicles shall be kept clean, and no substauce capable of contaminating milk or milk products shall be transported with milk or mills products in such manner as to permit contamination. All vehicles used for the distribution of mills or mills products shall have the name of the distributor prominently displayed. The immediate surroundings of the mills plant shall be kept in a neat, clean condition. Grade B pasteurized milk.-Grade B pasteurized mills is pasteurized milk which violates the bacterial standard for grade A pasteurized mills andiar the provision of lip-cover caps of item 20p and/or the requirement that Grade A raw mills be used, but «-hich con- forms with all other requirements for grade A pastetrized milk, has been made from ra~v milk of not less than Grade B quality, and has an average bacterial plate count after pasteuriza- tion and bet"ore delivery not exceeding :0,000 per cubic centimeter, as deter- mined under sections 1 (S) and 6. Grade C. Pasteurized Milk.-Grade C pasteurized milk is pasteurized milk which violates any of the requirements for grade B pasteurized milk. Section 3. Grades of milk and milk products which may be sold.-From and after 12 months from the date on which this ordinance takes effect no mills or milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores, or sim- ilar establishments except Grade A Ra~v, Grade A Pasteurized and Certi- fied: Provided, that when any milk distributor fails to qualify for one of the above grades the health officer is authorized to revoke his permit, or in lieu thereof to degrade his product and permit its sale during a temporary period not exceeding 30 days or in emergencies such longer period as he may deem necessary. Section 9. Supplementary grading prescribed and regrading authorized. -If, at any time between the regular announcements of the grades of milk or mine products, a lower grade shall become justified, in accordance with sections 5, 6, and ~ of this ordinance, the health officer shall immediately lower the grade of such milk or milk product, and shall enforce proper label- ing and placarding thereof, Any producer or distributor of milk or milk products the grade of tivhich has been lowered by the health offi- cer, and who is properly labeling his milk and milk products, may at any time make application for the regrad- ing of his product. Upon receipt of a satisfactory appli- cation, in case the lowered grade is the result of an excessive average bac- terial plate count, direct microscopic count, reduction time, or cooling tem- perature, the health officer shall take further samples of the applicant's out- pht, at a rate of not more than t~vo samples per week. The health officer shall regrade the milk or mills prod- ucts upward whenever the average of the last four sample results indicates the necessary quality, but not before the lapse of 2 weeks from the date of degrading. In case the lowered grade of the applicant's product is due to a violation of an item of the specifications pre- scribed in section 7, other than aver- age bacterial plate count, direct micro- scopic count, reduction time, or cool- ing temperature, the said application must be accomplished b}~ a statement signed by the applicant to the effect that the violated item of the specifica- tions has been conformed with. With- in 1 week of the receipt of such an application and statement the health officer shall make a re-inspection of the applicant's establishment, and thereafter as many additional re-inspec- tions as he may deem necessary to assure himself that the applicant is I again complying with the higher grade requirements, and, in case the findings justify, shall regrade the milk or milk products upward, but not before the lapse of 2 weeks from the date of de- grading. Section 10. Transferring or dipping milk; delivery containers; handling of more than one grade; delivery of mills at quarantined residences.-except as permitted in this section, no milk pro- ducer or distributor shall transfer milk or milk products from one container to another on the street, or in any vehicle or store, or in any place except a bottling or milk room especially used for that purpose. The sale of dip milk is hereby prohibited. All pasteurized milk and milk pro- ducts shall be placed in their final delivery containers in the plant in which they are pasteurized, and all raw milk and milk products sold for con- sumption in the ra~v state shall be placed in their final delivery containers at the farm at which they are pro- duced. Milk and milk products sold in the distributor's containers in quan- tities less than 1 gallon shall be de- livered in standard milk bottles or in single-service containers. It shall be unlawful for hotels, soda fountains, restaurants, groceries, and similar es- tablishments to sell or serve any milk or milk product except in the original container in which rt was received from the distributor or from a bulk container equipped with an approved dispensing device: Provided, that this requirement shall not apply to cream consumed on the premises, which may be served from the original bottle or from a dispenser approved for such service. It shall be unlawful for any hotel, soda fountain, restaurant, grocery, or similar establishment to sell or serve any milk or milk products which have not been maintained, while in this possession, at a temperature of 50 de- grees F, or less. No milk or milk products shall be permitted to come in contact with equipment with which a lower grade of milk or mine products has been in contact unless such equipment has been first thoroughly cleaned and subjected to bactericidal treatment. Bottled milk or mills products, if stored in water, shall be so stored that the tops of the bottles will not be sub- merged. It shall be the duty of all persons to whom mills or milk products are delivered to clean thoroughly the con- tainers in which such milk or milk products are delivered before returning such containers. Apparatus, contain- ers, equipment, and utensils used in the handling, storage, processing, or transporting of milk or milk products shall not be used for any other pur- pose without the permission of the health officer. The delivery of milk or milk prod- ucts to, the collection of milk or milk products containers from residences m which cases of communicable dis- ease transmissible through milk sup- 96 Special Session, April 21st, 1941. plies exist shall be subject to the spe- cial requirements of the health officer. Section II. Milk and milk pro- duets from points beyond the limits of routine inspection.-Milk and milk pro- ducts from points beyond the limits of routine inspection of the City of Du-~ buque may not be sold in the City of Dubuque, unless produced and/or pas- teurized under provisions equivalent to the requirements of this ordinance; Provided, that the health officer shall satisfy himself that the health officer having jurisdiction over the production and processing is properly enforcing such provisions. SECTION 12. Future daires and milk plants.-All dairies and milk plants from which milk or milk pro- ducts are supplied to the City of Du- buque which are hereafter constructed, reconstructed, or extensively altered shall conform in their construction to the requirements of this ordinance for grade A dairy farms producing milk for consumption in the raw state, or for grade A pasteurization plants, re- spectively: Provided, That the require- ment of a two-room milk house shall be waived in the case of dairies the milk from which is to be pasteurized. Properly prepared plans for all dairies a.nd milk plants which are hereafter constructed, reconstructed, or exten- sively altered shall be submitted to the health officer for approval before work is begun. In the case of milk plants signed approval shall be obtained from the health officer and/or State Depart- ment of Sealth. SECTION 13. Notification of dis- ease.-Notice shall be sent to the health officer immediately by any pro- ducer or distributor of milk or milk products upon whose dairy farm or in whose milk plant any infectious, con- tagions, or communicable disease oc- curs. SECTION 14.-Procedure when in- fection suspected.-tiVhen suspicion arises as to the possibility of trans- mission of infection from any person concerned with the handling of milk or mills products, the health officer is authorized to require any or all of the following measures: (1) The immed- iate exclusion of that person from milk handling, (2) the immediate exclusion of the milk supply concerned from dis- tribution and use, (3) adequate medical and bacteriological examination of the person, of his associates, and of his and their body discharges. SECTION 15. Enforcement inter- pretation.-This ordinance shall be en- forced by the health officer in accord- ance with the interpretations thereof contained in the 1939 edition of the United States Public Health Service ~,Iilk Code, a certified copy of which shall be on the file in the City Clerk's office. SECTION 16. Penalty.-Any per- son who shall violate any provision of this ordinance shall be fined not more than $100.00 and in default of payment thereof by imprisonment not to exceed 30 days. teach and every violation of the provisions of this ordinance shall constitute a separate offense. SECTION 17. Repeal and date of effect. -All ordinances and parts of ordinances in conflict with this ordi- nance are hereby repealed; and this ordinance shall be in full force and effect immediately upon its adoption and its publication, as provided by law. SECTION 18. Unconstitutionality clause.-Should any section, para- graph, sentence, clause, or phrase of this ordinance be declared unconstitu- tional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. Passed upon first and second read- ings this 7th day of April, 1941. Passed, adopted and approved upon final reading this 21st day of April, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELI,ER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph- Herald newspaper this 25th day of April, 1941. J. J. SHEA, 4-25-1t City Clerk. Councilman RSurphy 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 \Vharton. Carried by the following vote: Yeas-Major Van Duehnan, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays- Noue. A general discussion of the mills ordinance was then held in which the City Council, City Manager, Dairy- men, 11~Iilk Producers, and 1~Ir. J. R. Jennings, Representative of the State Department of Health, participated. Councilman Wharton moved the adop- tion of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelmau, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays - None. Special Session, April 21st, 1941. Petition of City of Dubuque Bridgf Commission requesting that the prop er City officials be authorized to exe cute a contract with the Commission for the purpose of the relocation of water pipes and sanitary sewer oc Dodge Street from Bluff Street east to the ricer presented and read. Coun- cilman Murphy moved that the peti- tion be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Nlayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays- None. Agreement THIS AGR~1~M1~NT, made and entered into by and between City of Dubuque Bridge Commission, Du- buque, Iowa, party of the first part, and City of Dubuque, Iowa, party of second part, WITN$SS~TH: In consideration of the premises and the covenants hereinafter expressed it is hereby AGR$$D by and between the parties hereto as follows: 1. Party of the second part agrees to construct a new sanitary sewer on Dodge Street from Locust and Bluff Streets east to the river; to change ex- isting city water line on Dodge Street between Main and i,ocust Streets, and change existing city water line on Har- rison Street approximately 150 feet north and south of Dodge Street, all such work to be done in accord with the plan shown by plat in City IVIan- ager's possession prepared by $ngin- eers of the first party, to-wit: How- ard, Needles, Tamen & Bergendofl', which plat is now on file with the City Manager of Second Party, and which plat is by this reference made a part hereof. 2. It is agreed by second party that the following part of the work which second party has agreed to do in Para- graph 1 hereof, shall be completed within thirty working days after the execution of this agreement, to-~vit: (a) such cross-over connections be- tween the 12 inch sanitary sewer near the center line of Dodge Street and the storm sewer near the south edge of Dodge Street as may become necessary to va- cate an area required for the pier of the new bridge from Har- rison Street easrivard to the riv- er on Dodge Street; (b) that the present water line south of the center line of Dodge Street be abandoned between Harrison Street and Main Street and a new line constructed near the north boundary line on Dodge Street between Main and Harrison Streets, making such connection and facilities avail- able for property owners as mav_ become necessary. 97 3. Second party agrees to perform all the work, except that specified in Paragraph 2, at such times as shall be required by first party's engineers, it being understood and agreed that reasonable notice of the times for the performance of said work will be given to second party by first party, and that second party is to have reasonable time within which to do said work; it being the aim of both parties that ali of said work shall be done at such times as `vill harmonize with the con- struction of the new bridge between Dubuque, Iowa, and Fast Dubuque, Il- linois, v~hich will be built by party of the first part, and at such times and to such manner as not to delay the construction thereof unreasonably. 4. In consideration of second party performing the above work, first party agrees to pay second party the sum of $15,000.00, or the total cost of said work, whichever is the smaller, 5. It is agreed the payment of said $15,000.00 is to be in the following manner: Upon the presentation of certified copy of payrolls and material costs for sewer construction, party of first part agrees to pay therefor at once. The balance due on this contract is to be paid within 30 days of the final completion of the work. 6. By "working days" herein is meant such days that party of second part is able to have work done, tak- ing into consideration the character of the soil, the condition of the water, and such things as will prevent actual work being done on the job. "Final completion" of the work will be such time that the City Manager certifies the work is finally completed. Dated at Dubuque, Iowa, this 21st day if April, 1941. CITY OF DUBUQUE BRIDGE COMI\IISSION, Party of First Part. By CHARI,~S T. I,ANDON, Chairman. By CHARI,~S G. KR~TSCHM$R, Secretary, CITY OF DUBUQUE, IOWA, Party of Second Part. By FRANK VAN DU);I,IVIAN, Mayor. By J• J• SH$A, City Clerk. City Manager Rhomberg recom- mending that the Mayor and City Clerk be authorized to execute the Agreement on behalf of the City of Dubuque, Iowa. Councilman Whar- ton moved that the recommendation of City Manager Rhomberg be approved and that the Mayor and City Clerle - _. i :i; _-- ry , , ,,I , ', ,I' 9g Special Session, April 21st, 1941. be authorized to execute the Agree- cilman \Vharton moved that the peti- be referred to the City Manager ti F,,~,,!, meat on behalf of the City of Dubuque, Seconded by Counctlman Nlur- a I on and Recreational Director to work out d . ow phy. Carried by the following vote: uncil- C - an agreement in this matter. Secon rieo a t ed by Councilman Schueller. C i ~',' - o Yeas-Mayor Van Duelman, chueller, Thompson, S men Murphy ~ l a b ~ the follo« ing vote: ~ eas y } b h Mur il j,,,~, , - I-.,,,;,I , Wharton, Nays-None. y, p men pan Duelman, Counc Schueller, Thompson, Wharton. Nays - 'i" !~ ~ Notice of Claim of Dolph G. Fuller -None. ~;ai''~' ,I' ~! I '"''' ' in the amount of $15,000.00 for per- stained to a fall on an i Petition of $dward and Marie Alber ; , ,„i., ~~ ` ';~ '° "' es su sonal injur sidewalk on the Taast side of Winct- ic requesting Council approval of the pro- "Al- F , ; ~' ' ;P ' i ' y nue abutting Linwood Ceme- A posed subdivision to be known as " , , ,, ~.-"u ~~f lr '~' ~ ve sor tery at the interesection of Wind- in the City of Dubuque, ber Addition resented and read. Council- a Io '~' '' °~, '~ l ~~' ` + p ! sor Avenue and Hennepin Street on f said streets , p w man 1\~Iurphy moved that the petition , _',' ,~ ; ' ; ~ Ali i the Northeast corner o presented and read. Councilman Mur- be referred to the Planning and Zon- for their recommend- i i C , ~ I I ' ' ' phy moved that the Notice of Claim Solicitor for Cit th on ss omm ing atton and report. Seconded by Coun- `,+, ~~,` i, ,, I'I, ! ~ y e be referred to investigation and report. Seconded by d b i C cilman \Vharton. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- ff ~ ' I " I ' y e arr Councilman Thompson. Yeas-1\Iayor Van man, Councilmen Murphy, Schueller, ;° aj^,,,, ', , .' 'I I: t ~~' the following vote: Councilmen Murphy, Schuel- Duelntau Thompson, Wharton. Nays-None. ,! ~ 4'; ' 1, , ler, Thompson, Wharton. Nays-None. Petition of F. A. Nesler, Sr., request- ~ rl~ tice of Claim of Evangeline Mur- N ing Council approval of the proposed u „, '~' ' ~~'i' ~ '" ' o in the sum of $500.00 for personal ' plat of Nesler Heights presented and ! , !'p'!!'i, r ra 3 injuries sustained in a fall on an icy read. Councilman Il/urphy moved that sidewalk ou the southwesterly side of the petition be referred to the Planning - ~ i " ~ Alpine Street abutting and in front of " and Zoning Commission for their rec- d d S 4 ~ i , 1 , ! Rf- •tn apartment house known as the econ e ommendation and report. b ~ I ferding Apartments," and the brick y b}* Councilman Wharton. Carried ~ '-' !`I~ '~ dwelling house adjacent thereto pre- the following vote: Yeas-A/ayor Van h M ~~ "' ' ' seated and read. Councilman Thomp- y, urp Duelman, Councilmen ' ~ ~! ' son moved that the Notice of Claim Schueller, Thompson, Wharton. Nays 'CI ii ° 'i be referred to the City Solicitor for None. I,~!,,,i ;, ~! ii:vestigation and report. Seconded by ' Nlur h r Carried by the April 10, 1941. Y, Councilman P } ' `' "~'~rl" '' ' ~° follrnving vote: Yeas-Rlayor Van irl' ''' i',, Duelman, Councilmen Murphy, Schuel- ,,I~i;,~„j '~ ler, Thompson, Wharton. I~Tays - '~~ I I .'~~.;' None. E ~,~j Petition of 111. F. Mch:itrick request- ing that a side«°all: be ordered laid '~~( '' connecting his Tvalh with the Uugs ,E ~ ' ', ,16' Street walk presented and read. Conn- .''`?i;'' cilman 1\Iurphy moved that the peti- ''','tl';', ' tion be referred to the Council to "'' II?!,, i view the grounds. Seconded by Coun- '' "`'~ cilman Thompson. Carried by the fol- "'`~'I'! lowing vote: Yeas-Mayor Van Duel- ' ""f'' ~ man, Cotmcilmen Murphy, Schueller, f, ~'I, Thompson, Wharton. Nays-None. ;;,, Petition of Shiloh Circle No. 37, La- '- : E ;il dies of G. A. R., requesting permis- "41' sion for the holding of their tag day -, , '',y; on I\Iay 3rd, 1941, Instead of the pre- vious date granted of April 12th, 1941, ncilman d. Cou ~' pre_,euted and rea ' !`' ~ ~ Schueller moved that the request be 'il'' granted. Seconded by Councilman ' ~~,,~ Wharton. Carried b}• the following j,„ rote: Yeas-Mayor Van Duelman, Councilmen 1\Iurphy, Schueller, Thompson, 1Vharton. I~Tays-None. ~ '' Petition of Young Men's Christian Association requesting permission for the use of the playing fields for their h com- for t e various Softball Leagues i 28th to Se tem- ~r 1 P m A fro n in seaso 1 ', ~, g ber 8th, 1941, present and read. Cotm- To the Honorable Mayor and Cit}> Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City ~~Tater De- partment and City Recreational De- partment for the month of March, 1941, also a list of claims and list of pay- rolls for which warrants were drawn during the month of March, 1941. Respectfully submitted, A. A. RHONIBI;RG, City Manager. Counciltnau Thompson moved that the reports be received and placed on file. Seconded by Councilman tiVhar- tnn. Carried by the following vote: Yeas-A'Ia}-or Van Duelman, Council- men Murphy, Schueller, Thompson, ~~Tharton. Na}-s-None. April 21, 1941. To the Honorable 1\Iayor and City Council, Dubuque, Iowa. Gentlemen This is to advise that I have approv- ed the following bonds and policies and desire to have your approval on same for filing: Special Session, E~pri1 21st, 1941. 99 lt- Pea•sonal Albin A. Rhomberg, City Alauager, Continental Casualty Co. of Chicago. J. J. Shea, City Clerk, Massachusetts Bonding cC Ins. Co. Robert P. Marshall, City Auditor, Massachusetts Bonding cC Ins. Co. John J. Kintzinger, City Solicitor, Massachusetts Bonding & Ins. Co. Paul Rossiter, Building Commissioner, Continental Casualt}> Co. Daniel J. O'I,ear}>, American Surety Co. of New York. Otto F. Bethke, electrical Inspector, Continental Casualty Co. of Chicago. John Joseph Hall, Superintendent & Cashier of Water Dept., l~iassachu- setts Bonding & Ins. Co. Harry J. Hanover City Assessor, U. S. Fidelity & Guaranty Co. of Bal- timore, Md. Geraldine I,. Demkier, Secretary to City Manager, Continental Casualt}> Co. of Chicago. Excavation Seubert and Fessler, 1603 Central Ave- nue, Policy No. 58373, Emplo}>ers 11/utual Casualt}> Co. Louis Buechel, 10-13 1\Iain Street, Bond No. 4387314, Fidelity and Deposit Co. Respectfully submitted, A. A. RHOl\IBDRG, Cit}> ?Manager. Councilman Thompson moved that the bonds and policies be approved and placed on file. Seconded by Coun- cilman Schueller. Carried by -the fol- lo«-iug vote: Yeas-Mayor Van Duel- man, Councilmen llurph}-, Schueller, Thompson, Wharton. Nays-None. April 21st, 197'1. The Honorable T,Iavor a.nd Cit}> Council, - Dubuque, Iowa Gentlemen Numerous complaints are being made about the sawdust in our factory and downtown districts. As you will recall, an investigation was made last fall by the Iowa State Department of Health and the conclusion reached by the State men was that it could not definite)}> be classed as a health haz- ard, but they suggested that it be dealt ~yith as a nuisance. This problem has assumed such pro- portions, that I respectfully recommend that the Cit}> Council view the areas involved and arrange a meeting with the management of the various plants involved with a view to affording re- lief to the complaintants. Respectfully submitted, A. A. RHOI\IB~RG, City Manager. Councilman 1\Iurphy moved that the recommendation of City Rlanager Rhomberg be approved and that the Cit}> illanager be instructed to arrange said meeting. Seconded b}> Councilman Schueller. Carried by the following vote: Yeas-1Vlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. April 21st, 1941. The Honorable Alayor and City Council, Dubuque, Iowa Gentlemen: Since the adoption of Ordinance No. 7-39 on March 30, 1939, which reduced and fixed electric rates in this city, the study of the electric and transpor- tation systems of the Interstate Power Company has been in progress. On July 2, 1940, an agreement was reach- ed with the company on the values of the property as of December 31, 1938, used and useful in furnishing electrical energy to the customers in Dubuque. Negotiations were had between the representatives of the city and the cont- pany on all phases of the rate situa- tion. Herewith submitted are drafts of t`yo ordinances, one dealing with elec- tric rates and the other with bus fares, ji-hich I recommend to }>our honorable bod}> for passage. The proposed elec- tric rate ordinance will produce a re- duction of approximate)}> $50,000.00 an- nually to commercial and industrial light and power users. No reduction is contemplated for residential classifi- cation, since a very substantial reduc- tion iu that type of use teas accom- plished previous)}>. The bus fare ordi- nance provdies for an adult fare of five cents. Respectfully submitted, A. A. RHOMB~RG, City 1llanager. Councilman Wharton moved that the recommendation of City Alanager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-1\Iayor Van Duelman, Councilmen 1\Iurph}>, Schuel- ler, Thompson, Wharton. Na}>s-None. Ordinance No. 8-41. An Ordinance fixing and establishing rates to be charged for the furnishing of electri- city for residential, commercial, street lighting, power, and other uses and purposes within the City of Dubuque, Iowa; fixing and regulating the method of service thereof; prescribing a penal- ty for violation thereof; repealing all ordinances and resolutions to conflict herewith; and declaring an emergency, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of 1t9~ Special Session, April 21st, 1941. the ordinance. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas-Nlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Naps-None. Councilman Thompson moved that the rules be suspended requiring an ordi- nance to be read on three separate days. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Nlayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. The ordinance was then read a second time. Coun- cilman Thompson moved that the read- ing just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilman Murphy, Schueller, Thompson, Wharton. Nays -None. Councilman Thompson mov- ed that the ordinance be placed on file with the City Cleric for public inspec- tion for at least one week before its Ena1 adoption. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Ordinance No. 9-41. An Ordinance Establishing and Fixiug Rates to be charged for the furnishing of Bus Transportation to Adults on Bttses op- erated b}* the Interstate Power Co, m the Citv of Dubuque; Providing for the Continuance and Effect of all of the Provisions of the Franchise Ordi- nance of said Interstate Power Co.; Prescribing a Penalty for Violation hereof, and Declaring an Emregencp, presented and read. Councilman Thompson moved that the reading just had he considered the first reading of the ordinance. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas-1\'Ia}'or Van Duelman. Councilmen Murphy, Schueller, Thompson, t~~harton. Nays-None. Councilman Thompson moved that the rules be suspended requiring an ordi- nance to be read on three separate days. Seconded by Councilman 1\Itu-- pry. Carried b}~ the following vote: Yeas-Mayor Van Duelman, Cotmcil- men Murphy, Schueller, Thompson, Wharton. Nays-None. The ordinance ~~~as then read a second time. Coun- cilman Thompson moved that the read- inn just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Alurphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilman Murphy, Schueller, Thompson, Wharton. Nays -None. Councilman Thompson mov- ed that the ordinance be placed on file ~t~ith the City Clerk for public inspec- tion for at least one week before its final adoption. Seconded h}* Council- man i~furphy. Carried by the fol- lowing vote: Yeas-Nlayor Van Duel- man, Councilmen il~Iurphy, Schueller, Thompson, Wharton. Nays-None. April 14, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: PETITION OF GEORGE J. ROEPSCH for Suspension of Taxes on: NlcCraneys I,ot 82 asking that the 1940 taxes be sus- pended because of age, I recommend that the Petition should be approved b}* the City Council of the City of Dubuque and notification of such ap- proval given to the Board of Super- visors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kint- zinger be approved and that the pe- tition of George J. Roepsch requesting suspension of the 1940 taxes on I,ot 82 of McCraney's Addition be granted and that the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whartin. Nays-None. April 14, 1941. In re: CLAIM OF W. J. CANTIL LON In re: CLAIM OF GEORGE C. RATH ~ SONS, INC. In re: CLAIM( OF DONALD G. PRESTON Honorable 1\Iayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: On Dlarch 29, 1911, an automobile on-ned by George C. Rath ~~ Sons, Inc., while driving south on east Grand- view at the intersection with the old R®ckdale Road, ran into a ditch cross- ing Grandview Avenue. The pave- ment was cut and the filling in the ditch dropped down from the top of the paving, leaving an open ditch. George C. Rath & Sons, Inc., suffered damages in the sum of $17.36, being the replacement of two main springs in the front of the truck. On the same day Donald G. Preston, Route 4, Dubuque, Iowa, ran into the same depression and suffered blowout to one of his front tires which he had fixed at a cost of $1.50. On April 3, 1941, W. J. Cantillon ran into the same excavation, blowing Special Session, April 21st, 1941. 101 out tires on his car, and sustainin, damages in the sum of $15.90. I recommend that these claims b allowed and that warrants be issue payable to George C. Rath & Son: Inc., for $17.36, to W. J. Cantillon fo $15.90, and to Donald G. Preston fo $1.50, and delivered to the respectiv parties upon the execution by them o a proper release to the City of Du buque. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor Councilman Murphy moved that the recommendations of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw warrant in the amount of $17.36 ir. favor of George C. Rath & Sons, Inc.; as settlement in full of their claim, alsc to draw a warrant in the amount oS $15.90 in favor of W, J, Cantillon as settlement in full of his claim, and also to draw a warrant in the amount of $1.50 in favor of Donald G. Preston as settlement in full of his claim and that said `warrants be delivered to the respective parties upon the execution and delivery by them of proper re- leases to the City of Dubuque. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. April 14, 1941. In re: Claim of Anna Eberhardt Honorable Mayor and 11lembers of the City Council, City of Dubuque, Iowa. Gentlemen On or about December 21, 1940, at 10:00 A. DI, miss Anna Eberhardt while crossing 11th Street where the same intersects with Main Street, slip- ped and fell on part of the walk cov- ered with ice, which ice she claims was lumpy, uneven, rounded and irregular; that m said fall she broke the elbow joint of her left ai-m, sustained dam- ages in pain, suffering, injur}* to bones in arm muscles and ligaments of arm, and ryas required to incur medical ex- penses. She claims that she has suf- fered permanent injuries and filed claim with the City of Dubuque on February 10, 1941, for $2,000.00. That I have investigated this case and tallc- ed the matter over with her attorney, Itlr. ~, H. Willging. Her actual ex- penses were, doctor bill $110.00, hos- pital bill $40.00; that after some ne- gotiations the}> have agreed to accept $250.00 in full payment of this claim. I recommend that she be allowed $250.00 in full payment of her claim and that a warrant be issued payable to Miss Anna Eberhardt in the sum of $250.00, and that the same be de- livered to her upon the execution and delivery by her of a proper release to the City of Dubuque. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Schueller 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 $250.00 in favor of Miss Anna Eberhardt as set- tlement in full of her claim and that said warrant be delivered to her upon the execution and delivery by her of a proper release to the City of Du- buque. Seconded by Councilman Mur- phy, Carried by the following vote: Peas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. April 16, 1941. In re: Claim of Mrs. Fred Lebbon. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: Claim has been made to me by Mrs. Fred Lebbon that on the 14th day of DLarch, 1941, while walking on side- walk on the south side of Highland Place near Chestnut Street, she slip- ped and fell on some ice and snov~ on said sidewalk that was in a dangerous and defective condition; that shortly after this party fell the walk was cov- ered with cinders; that I have discuss- ed this matter with the interested par- ties and they have agreed to accept $20.00 in full payment of any and all clauns they have against the City or the owners of the property. That I have taken this matter up with the o~yners of the property and they have agreed to pay one-half or $10.00. I recommend that a warrant be issued payable to Mrs. Fred Lebbon in the amount of $10.00 and that the same be delivered to her upon the delivery by her to the City of Dubuque a properly executed release. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Wharton 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 $10.00 in favor of Mrs. Fred Lebbon as settlement in filll of the City share of her claim and that said warrant be delivered upon the execution and delivery of a proper release to the Cit}r of Dubuque by Mrs. Fred Lebbon. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. 102 Special Session, f~pril 21st, 1941. April 19, 1941. IIIr. A. A. Rhomberg, and Members of the City Council, Dubuque, Iowa. Gentlemen I herewith submit the attached t-e- port on Paul and J. B. Megonigle the holders of Class B permit No. 50, op- erating at 378 plain Street, Dubuque, Iowa. Class B Permit No. 50 was is- sued to the above named persons on July 1, 1940. An investigation con- cerning the operation of this estab- lishment since permit was last issued has been made and is included in this report, together with my findings re- garding the character of the permit holders. Numerous complaints have been made concerning the manner in which this tavern was being operated, prin- cipal of which was the liquor nuisance maintained on Sundays. An investi- gation revealed that the complaints were well founded, and that many of the clientele were of questionable char- acter insofar as two complaints being made by persons claiming to have been relieved of their money while in the place-one while asleep and in an iutolicated condition and another while unconscious after being knocked out during an argument over a card game. :1lso on December 8, 1941, two shop- lifters were arrested who said they solri the stolen property to this tavern. Part of the stolen property was recov- ered from the back bar of this tavern where it vas displayed for sale and part from the person of the bartender. 1\'Ir. Paul Megonigle was reprimand- ed on several occasions because of these conditions and about his place of business, He always promised he ~~rould correct the condition, bttt failed to do so. On Sunday, March 30, 19=11, a de- tail of officers were sent to this place instructed to pick up all evidences of liquor present. A quart bottle of liq- our y-as found in the place together with three drinks taken off the bar and from in front of persons at the bar. it-f r. Paul Megonigle and his bar- tender, Verne Shekleton, were arrest- ed and charged with having liquor on the premises of beer permit holder. In Police Court on April 18, 1941, the}* were found guilty of said violation and fined $50.00 each. They have appeal- ed their cases to the District Court. The investigation further revealed that one of the partners, J. B. Megoni- gle, no longer lives in Dubuque, that he now lives in Waterloo, Iowa, where he is employed. Paul Megonigle, I understand, also has other employment in the city. The place is or was oper- ated by Verne Shekleton as a bartend- er and one Joe Houselog has been re- ported to operate a card game in the rear of the building. Because of the disorderly conduct of Paul Megonigle in the operation of his Class "B" Tavern and of the above cited violaters of law, I hereby recom- mend that the City Council proceed under the provisions provided by law and that Class "B" Permit No. 50 is- sued to Paul and J. B. Megonigle, 378 Illain Street, Dubuque, Iowa, on July 1, 1940, be revoked forthwith. Respectfully submitted, JOS. H. STRUB, Chief of Police. Councilman 1\~Iurphy moved that the recommendation of Chief of Police Strub be approved and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Van Dttelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Resolution I~lo. 33-41 Whereas, This Council on the 1st day of Juhr, 1940, caused to be issued a Class "B" Beet- Permit bearing the Number 50 to Paul and J. B. Megoni- gle, operating a tavern at 378 1\Iain Street in the City of Dubuque; and Whereas, It has come to the atten- tion of this Council that the owner and holder of said permit has conduct- ed his place of business iu a disorder- ly manner and otherwise in violation of law; Now Therefore, Be It Resolved by the City Council of the City of Dubuque that Class "B" Permit No. 50, heretofore issued to Pan) and J. B. Megonigle be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and retttrn the same for cancellation. Passed, adopted and approved this 21st day of April, 1911. FRANK VAN DU$Ll\IAN, Mayor. F. W. THOMPSON, ALBERT ~VHARTON, B. A. SCHUELLER, G>~O. R. MURPHY, Councilmen. Attest: J. J. SHFA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Special Session, Apt71 21st, 1941. 103 ` I Resolution No. 34-41 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 inspected. Class "B" Permit Name Address $llas Mihalas and Ruby Mihalas, 1200 Iowa Street. Robert D. Zehentner and Lester A. Wieser, 1944 Central Avenue. George Deyoe, 469 Nlain Street. Class "B" Permit For Private Club Dubuque Golf Club, Bnd of Randall Place. Passed, adopted and approved this 21st day of April, 1941. FRANK VAN DUBI,MAN, Mayor. F, VV. THOMPSON, AI,B$RT WHARTON, B. A. SCHUBI,L,~R, G$O. R. MURPHY, Councilmen, Attest: J. J. SHWA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-1vlayor Van Duelman, Councilmen IVlurphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 35-41 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 ordinances of this City and they have filed a proper bond; Nov, Therefore, Be It Resolved by the Council of the City of Dubuque that the Mana- ger be and he is hereby directed to is- sue to the following named persons a Beer Permit. Class "B" Permit Name Address Alas Mihalas and Ruby Mihalas, 1200 Iowa Street. Robert D, Zehentner and Lester A. Wieser, 1944 Central Avenue, George Deyoe, 469 Main Street. Class "B" Permit For Private Club Dubuque Golf Club, end of Randall Place. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 21st day of April, 1941. FRANK VAN DU~LMAN, Mayor. F. W, THOMPSON, AI,BhRT WI3ARTON, B. A. SCHU~I,I,~R, GAO. R. MURPHY, Councilmen. Attest: J. J, SHWA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. 7. J. SHWA, City Clerk. Approved ----------------------1941. Adopted ________________________1941. Councilmen: {_______________________ Attest: ------------~---------°-------- City Clerlc. '. ~. -~~~il i~l i, . Gr, ~, F~ i ~ Q4 Special Session, pril 29th, 1941. ® ® commission to date is apparent than by t to enforcement of the existing or- ,; - dtnance. Yours trul Y, OFFICIAL ( } r D 'B N\ ING AND IJ U U~ PI,A Q ' Special Session, April 29th, 19.11. ZONING COMMISSION, By R. V. McKAY, Secretary. ` Council met at 7:50 P. IvI. ~ 4 ~ '' Present - Mayor Van Duelman, Schueller h M ~Ir. J. W. Lundin addressed tl-ie Council relative to recommendation of _ , y, urp Councilmen the Planning and Zoning Commission !' Thom son, Wharton, City Manager P and requested that the Zoning Ordi- ' P.homberg. nance be amended in order that the "I E i! ! ~ Meeting called by order of Council- resent restrictions of 6000 square feet i l F l i m r ' i L men Schueller and Murphy. ng am- inimum area for e ots n S ,l ~ !~,^ „ ., , ily Residence Districts in the replating j`? '',; ; ~ ' Mayor Van Duelman read the call of previously plated areas be lowered _ ~~" :'' ; j'' and stated that service thereof had to 5000 square feet. After a lengthy ~~ !,'~ 'I `i been duly made and that this meeting discussion on the request of Mr. J. W. ~, is called for the purpose of consider- Lundin the Council members advised i ' ~ „ ing for final adoption Ordinance No. Mr. Lundin that they would vote fa- ~; '''~ i 'r' 8-41. An Ordinance fixing and estab- vorably on his request if the Planning ' I lishing rates to be charged for the fur- and Zoning Commission would recom- r ~ j :' ' ~ I '~ nishing of electricity for residential, mend such a change to be made in the '_' "` ` ' ~ ~ commercial, street lighting, power, and Zoning Ordinance. Councilman Whar- '' l' l' ' '~ other uses and purposes within the ton moved that the recommendation of ~,.i .I; , I~ ' City of Dubuque, Iowa, also Ordinance the Planning and Zoning Commission No. 9-41. An Ordinance establishing be approved. Seconded by Ciuncilman ~; .', and fixing rates to be charged for the Murphy. Carried by the following I! furnishing of Bus Transportation to vote: Yeas-Mayor Van Duelman, I Adults on buses operated by the In- Councilmen Murphy, Schueller, ' ! ~ ~ . ' i terstate Power Co. m the City of Du- Thompson, Wharton. Nays-None. :, I;f ,, 1, ' I r bisque, and acting on any other busi- ness as may properly come before a Ordinance No. 8-41. An Ordinance E~~ I regular meeting of the City Council. fixing and establishing rates to be charged for the furnishing of electricity I Councilman Murphy moved that the for residential, commercial, street ~; ;' ~~„ rules be suspended for the purpose of lighting, power, and other uses and , ',;'!,~',. ~'~ allowing any one present in the Coun- purposes within the City of Dubuque, ~,I'' ,ij 'j `~',;I', j who wishes to do so, to cil Chamber Iowa; filing and regulating the meth- , i,,, ~~ ';., , address the Council. Seconded by od of servtce thereof; prescribing a i r ' Councilman \Vharton. Carried by the Penalty for violation thereof; repealing ' ' t'ail' following vote: Yeas-IVlayor Van all ordinances and resolutions in con- ',,~kj',; Councilmen Murphy, Scheel- Duelman flict herewith; and declaring an emer- ~~ '' ;I , ler, Thompson, Wharton. Nays - gency, said ordinance having been pass- r . I l None. Attorney John A. Cunningham ed upon first and second readings on -, ,~ ;',,i,j' I, r addressed the Council complimenting April 21st, 1941, and ordered placed .j.,jr,'. 'i the City Council on the new rate ordi- on file ~~•ith the City Clerk for public _ _ ` ' ~" ~' ~ nance and stating that he was particu- inspection for at least one week, be- ~'~+', ~y larly pleased with the reduction which fore its final adoption, presented and ~. j(,,; the new rate setup gives the small read a third time. business men. ORDINANCE NO. 8-41 ~l~ !!, April 29, 1941. An Ordinance fixing and establish- t' _` To the Honorable Mayor ing rates to be charged for the furnish- ;j!.' i ,a and City Council, ing of electricity for residential, com- Dubuque, Iowa. mercial, street lighting, power, and - ;;i Gentlemen: other uses and purposes ~~•ithin the ~~ With further reference to the mat- City of Dubuque, Iowa; fixing and reg- h M i h d f i h f ter of possible relief from the present at ng t e met serv ce t ereo ; o o , restrictions to 6000 square feet mini- Prescribing a penalty for violation I''' ! mum area for lots in Single Family thereof; repealing all ordinances and ~~ , ~' i l.e re latin of R e District n t esidenc P g resole i n i t o s n conflict herewith• and de- ' "`~' ~ previously plated areas, the Planning daring an emergency. and Zoning Commission, after mature g~ IT ORDAINED BY TH?? ' study, respectfully recommends to City CITY COUNCIL, OF THE CITI' `: ' Council that the Single Family Rest- OF DUBUQU]~: :- ,'i„ dence regulations remain as now en- _ acted, it being the sentiment of the Paragraph 909 Planning and Zoning Commission that Rates Fixed: no better solution of the various prob- Section 1. Commencing with all me- - lems of this nature to come before the ter readings on and after 1VIay 1, 1911, ~peeial session, April 29th, 1941. 105 the rates to be charged for electricity for residential, commercial, stree lighting, power and other uses anc purposes by any person, firm or cor poration supplying electrical energ} within the City of Dubuque, excep' as herein otherwise provided, shall be fixed and determined as follows: SCHEDULE 1 Residential Service Availability: Available for 115/230 volt, single phase, alternating current service tak- en through one meter to an individual customer residing in a single occu- pancy residence or apartment for full domestic use, including small motors with individual rated capacities not in excess of two horse-power (2 hp.), pro- vided, however, that off-peak controlled service for water heating will be taken through a separate meter. This rate is not available to the pub- lic areas of apartment buildings, or for rooming houses where in excess of four (4) rooms are held for rental. First 25 K.W.Hrs. used per month C :5 .05 per K.W.H. Net. Next 25 K.W.Hrs. used per month c~ $ .04 per K.W.H. Net. Next 50 K.W.Hrs. used per month @ $ .03 per K.W.H. Net. Next 100 K.W.Hrs. used per month @$ .025 per K.W.H. Net. All in excess of 200 K.W.Hrs. used per month a $ .02 per K.W,H. Net. Minimum Monthly Charge: $ .50. Prompt Payment: Customers' monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten per cent (10%) there- of, which will be collected from the customers who fail to pay the net bill within ten (10) days from and after the date of the bill. SCHEDULE 2 Commercial Service Availability: Available for 115/230 volt, single phase, alternating current service for lighting and other uses in commercial establishments institutions, public areas of apartment buildings, including jan- itor's quarters when service to same is combined with service to public areas, and service when furnished through a single meter to two or more families residing in distinctive dwelling quarters in a single structure, and for rooming houses where in excess of four (4) rooms are held for rental. This rate is not available for the purchase of energy for resale, nor for break- down or standby service. No motor with rated capacity in ex- cess of two-horse power (2 h.p.) or any apparatus that produces abnormal voltage fluctuation will be served un- der this schedule. Rate For demands of less than six (6) kilowatts First 25 K.W.Hrs. used per month <t/i~ $ .05 per K.W.H. Net. Next 75 K.W.Hrs. used per month C $ .04 per K.W.H. Net. Next 500 K.LV.Hrs. used per month ~n $ .03 per K.W.H. Net. Next 500 K.W.Hrs, used per month @ $ .025 per K.W.H. Net. Next 500 K.W.Hrs. used per month $ .02 per K.W.H. Net.* All excess K.W.Hrs. used per month @ $ .015 per K.tiV.H. Net. For Demand of six (6) lcilowatss and more The number of kilowatt hours in the fourth and fifth blocks (*) of the above rate will be increased by 100 h.~V.Hrs. for each whole kilowatt of demand in excess of five (5) kilowatts. IVlinimum Monthly Charge: $1.00. Power Factor: Neon lighting, flourescent lamps and/or other gaseous tube lamps, or appliances having a low power factor, shall be equipped with effective cor- rective devices to increase the power factor of such lamps, or appliances to ninety per cent (90%) lagging, with such tolerance as may be necessary to conform to existing manufacturer's equipment. Prompt Payment: Customers' monthly bill shall be computed at the net rate, and there shall be added to the total net bill a sum equal to ten per cent (10%) there- of, which will be collected from cus- tomers who fait to pay the net bill within ten (10) days from and after the date of the bill. SCHEDULE 3 Water Heating Service Availability: Available for 115/230 volt, single phase, alternating current service, for residences and commercial establish- ments for water heating with automat- ic storage type water heaters of stan- dard make and design. The design and operating characteristics of all wa- ter heaters served under this schedule, as well as all necessary electrical con- nections for the protection of the cir- cuit furnishing service to the water heater, must be acceptable to the per- son, firm or corporation supplying elec- trical energy. A suitable time switch will be sup- plied by the person, firm or corporation supplying electrical energy to control the periods when energy shall be sup- plied for heating. The hours of oper- ation of off-peak service may be chang- 106 Special Session, l~pril 29th, 1941® ed when deemed advisable, but under no condition shall they be less than twelve hours during any twenty-four hour period. Minimum storage capacity of each electric water heater shall be fifty (50) gallons, and no heating element shall have a capacity in excess of thirty (30) watts per gallon of tank capacity. If two heating elements are provided, one at the bottom and one at the top of the tank, and they are so interconnect- ed that only one unit can be in oper- ation at a time, then both units may be connected to the time-controlled water heating circuit to be served un- der this schedule. If one unit is so connected that it can be used other than during the controlled off-peak hour, then such unit shall be connected to the regular lighting circuit. Rate Energy used during off-peak hours @ $ .O1 per K.W.H. Net. Energy used during periods other than off-peak, as herembefore spe- cified, shall be billed with and at the same rate as other residential or commercial service. Prompt Payment: Customers' monthly bill shall be computed at the net rate and there shall be added to the total net bill a sum equal to ten per cent (10%) there- of, which will be collected from cus- tomers who fail to pay the net bill within ten (10) days from and after the date of bill. SCHEDiTIJE 4 General Power Service Availability: Available for alternating current service at 115/230 volts, single phase, or three phase at either 230 volts or 160 volts for all power purposes when the connected load exceeds two horse- power (2 h.p). Three phase service need not be supplied to loads of five horse-power (5 h.p.) or less except at the option of the person, firm or cot•- poration supplying electrical energy. bighting service may be combined with power service under this rate pro- vided service is rendered through one meter and at the same secondary vol- tage, and the Minimum Billing De- mand is not less than twenty kilo- watts (20 Ic.w.). This rate is not avail- able for the purchase of energy for resale, nor for break-down or standby service. Term of Contract: Service will be rendered under this schedule for a minimum period of one (1) year and shall continue thereafter until cancelled by a thirty (30) day written notice by the customer. Conditions requiring unusual con- struction and expenditures for equip- ment to render service may require an agreement for a term in excess of one (1) year. Rate: First 10 hours use per month O5 each K.`V. of billing demand @ $ per K.V.H. Net. Next 20 hours use per month of each KW of billing demand @ $ .04 per K.W.H. Net. Next 30 hours use per month of each K~V of billing demand @ $ .03 per K.W.H. Net. Next 2000 kilowatt hours used per month n $ .02 per K.W.H. Net. All excess kilowatt hours used per month @ $ 015 per K.W.H. Net. Minimum Billing Demand: Five (5) kilowatts except when com- bined light and power service is ren- dered v<rhen minimum billing demand is twenty (20) kilowatts. Minimum Monthly Charge: $1.00 per month per horse-power, or equivalent, of connected load for the first five horse-power (5 h.p.) and $ .50 per month per horse-power, or equivalent, thereof for the next forty- five horse-power (45 h.p.) and $ .25 per horse-power for all over fifty horse- power (50 h.p.) or equivalent, of the total connected load to horse-power. iVlajor fractions of a horse-power shall be considered as one whole horsepow- er of connected load. $1.00 per month will be added to the minimum monthly charge as stated above if lighting service is combined with power service under this rate. Determination of Billing Demand: The billing demand shall be deter- mined by the greatest number of kilo- watts registered during any thirty (30) minute interval as indicated by an in- tegrating demand meter furnished, in- stalled and maintained by the person, firm or corporation supplying such electrical energy, provided, however, that when the customer's load includes hoists, elevators, welding machines, and/or other apparatus where the use of electricity is intermittent or subject to violent fluctuations to the extent that the indicated or recorded demand for a fifteen (15) minutes interval ex- ceeds the maximum recorded ot• indi- cated demand during a thirty (30} minute interval by an amount in ex- cess of fifty per cent (50°fo), then the customer's billing demand shall be de- termined by using the average of the three (3) highest fifteen (15) minute intervals indicated or recorded during the month. The billing demand for loads of Less than twenty-five horse-power (25 h.p.) in lieu of measured demnads may be calculated in kilowatts, b}* multiplying t ¢ F fiv ho ho ho po loa ler er ho Ioa Special Session, April 29th, 1941. 107 thte total rated connected load in horse power (or h.p. equivalent) by sixty pe. cent (60%). Any major fraction o a kilowatt of demand so determines shall be considered one whole lcilowat of additional demand. Power Factor: If the power factor of any Gusto mer's load is found by test to be be low eighty per cent (80%) lagging un der normal operating conditions, anc upon written notification thereof, the customer fails to correct the power factor jvithin sixty (60) days, the per- son, firm or corporation supplying elec- tricity will then increase the demand used for billing purposes by the vatic of 0.80 to the pov~=er factor as deter- mined by test. Neon lighting, fluorescent lamps and/or other gaseous tube lamps, hav- ing aloes power factor, shall be equip- ped with effective corrective devices to increase the power factor of such lamps to ninety per cent (90%) lag- ging, with such tolerance as ma}= be necessar}~ to conform to existing man- ufacturer's equipment. Prompt Payment: Customer's monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten per cent (10%) there- of, which will be collected from cus- tomers who fail to pay the net bill within ten (10) da}=s of date of bill. SCFI~DI:TLD 5 Direct Current Service Availability: Available onl}= to customers who are presentl}= served with direct current on premises where direct current is now available for power purposes. No additional customers will be served and no extensions to existing installa- tions will be permitted. Rate: First 500 h.~V.Hrs. used per month @ $ .06 per IL.~V.H. Net. Next 500 K.ZZT.Hrs, used per month @ $ .05 per K.V.H. Net. Next 1000 K.«'.Hrs. used per month @ $ .04 per K.jV.H. Net, All in excess of 2000 IL.W.Hrs. used per month @ $ .03 per K.V.H. Net. Minimum Monthly Charge: $1.00 per horse-power for the first five horse-power (5 h.p) and $ .50 per horse-power for the next fortyfive horse-power (45 h.p,) and $ .25 per horse-power for all over fifty horse- power (50 h.p.) of the total connected load in horse-pov~=er (or h.p, equiva- lent), amajor fraction of a horse-poty- er shall be considered as one whole horse-power of additional connected load. Prompt Payment: Customers' monthly bills shall be computed at the net rate and there shall be added to the total net bill ten per cent (10%) thereof, which amount shall be collected from customers who fail to pay the net bill within ten (10) days from date of bill. SCHED>bJLE 6 Large Industrial Pov~er Service Availability: Available for alternating current service to industrial and commercial customers whose monthly demand ex- ceeds fifty' kilowatts (50 k. w.), or who agrees to pay the demand charge for fifty kilowatts (50 k. tv.), for lighting and power purposes, when all service is measut-ed through one meter and taken from one service connection. Service will be rendered at standard primary voltages of 2300 volts, or high- er as may be available, or at second- ary voltages of 460 volts or 230 volts. Transformers for rendering these standard voltages will be supplied by the person, firm or corporation sup- plying such electrical energy, provided, however, that onl}= one secondary volt- age will be supplied to customers whose maximum demand is less than one hundred kilowatts (100 k.w). Addi- tional transformers not located at the point of delivery, and special voltage transformers for lighting or other pur- poses shall be supplied and maintain- ed b}= the customer. This rate is not available for the purchase of energy for resale, nor for break-down or stand- by service. Term of Contract: Service will be rendered under this schedule for a minimum period of one (1) year and shall continue thereafter until cancelled b}= a sixty (60) da}~ written notice by the customer. Conditions requiring unusual con- sri-uction and expenditures for equip- ment to render service may require an agreement for a term in excess of one (1) }ear. Rate:: Demand Charge First 50 K.W. of billing demand @ $1.25 per Ii.~V. per month. Next 150 K.Z~T. of billing demand @ $1.00 per IL.ZV. per month. Excess K.VV. of billing demand @ $ 95 per K.V. per month. energy Charge First 5,000 K.W.Hrs. used per mouth @ $ .015 per K.W.H. Next 10,000 K.W.Hrs. used per month @ $ .01 per K.W.H. Next 15,000 K.W.Hrs. used per month @ $ .009 per K.W.H. Next 120,000 K.W.Hrs. used per month @ $ .0085 per K.W.H. excess K.W.Hrs. used per month $ .0075 per K.W.H. 10~ Special Session, April 29th, 1941. equipment Supplied by Customer: When customer furnishes and main- tains all transformers and/or other ap- paratus necessary for the customer to take service at primary voltage, the charges computed under the above rate will be reduced by an amount equal to five per cent (5%) thereof. Metering: Metering shall be at either primary or secondary voltage at the option of the person, firtn or corporation sup- plying electrical energy. If it is elect- ed to meter at the primary voltage, the billing less any previous adjust- ment will be reduced by two and one- half (2/%) per cent to compensate for transformer losses. Prompt Payment Discount: A discount of two and one-half per cent (2%%) of the billing less any adjustments heretofore made will be allowed if bill is paid within ten (10) days of date thereof. IVlasimum Demand: The maximum demand in any month shall be determined by the greatest number of kilowatts (hW) recorded or indicated on a standard integrated demand meter in any thirty( 30) min- ute interval during the month, such meter to be provided, installed and maintained by the person, firm or cor- poration supplying such electrical en- ergy, provided, however, that when the customer's load includes hoists, elevators, welding machines, and/or other apparatus, where the use of elec- tricity is intermittent or subject to vio- lent fluctuation to the extent that the indicated or recorded demand for a fifteen (15) minute interval exceeds the recorded or indicated demand for a thirty (30) minute interval by more than fifty- per cent (50%), then the customer's billing demand shall be de- termined by using the average of the three highest fifteen (15) minute in- terval indicated or recorded demands during the month. Billing demand: The billing demand shall be the max- imum demand except when the cus- tomer's average power factor, be ac- tual measurement, is less than eighty per cent (80%) lagging, or more than ninet}~ per cent (90%) lagging, in ~s,~hich case the billing demand shall be determined each month therefrom by increasing the measured maximum demand by one per cent (1%) for each. one per cent (1%) that the average monthly power factor is fottnd to be pelota eighty-five per cent (85%) lag- ging and decreasing the maximtun de- mand by one per cent (1%) for each one per cent (1%) that the average monthh~ power factor is found to be Greater than eighty-five per cent (85%) lagging. The billing demand shall in no event be less than fifty kilowatts (50 Ii.~V.). Power Factor: The average power factor of the cus- tomer's load shall be determined monthly from readings registered by the watthour meter and a reactive com- ponent meter which shall be furnish- ed by the person, firm or corporation supplying electricity. It shall be cal- culated by dividing the number of kilo- watt hours as registered by the square root of the sum of the square of the kilowatt hours registered plus the square of the reactive kilovolt ampere hours registered. Reactive component meters will he ratcheted so only lag- ging reactive kilovolt ampere hours will be recorded. Minimum Monthly Charge: The minimum monthly charge shall be the demand charge for fifty (50) kilotiyatts plus the energy charges which may apply. Fuel Adjustment: The rates for electrical energy stat- ed herein are based upon using coal or other boiler fuel to produce such energy and costing sixteen cents ($0.16) per million B.T.U. delivered in the bunkers of the Dubuque, Iowa, plant of the person, firm or corpora- tion supplying such electrical energy at Dubuque, Iowa. In the event that the average cost of boiler fuel delis°ered as aforesaid differs from the base price of sixteen cents ($0.161 per million B.T.U. by one cent ($0.01) or more per million B,T.LT„ then the net bill as computed shall be increased or decreased, as the case may be, by an amount equal to the number of kilowatt hours used at tv:ent}--two hundredths mills ($$.00022} per kilo«-att hour for each whole one cent ($0.01) by which the cost of one million B.T.U. of boiler fuel used dur- ing the preceeding month exceeds or is less respective)}~ than the base price of sixteen cents ($0.16) per million B.T.U. Before placing into effect the terms of this provision, the firm, person or corporation supplying electrical ener- gy at Dubuque shall first disclose to the City Manager of the City of Du- buque sufficient data to warrant such action. SCHFDLI7 E 7 City of Dubuque Water Service Availabilit}-: Available to the \Vater Department of the City of Dubuque for three phase, alternating current service of 2300 volts or 6900 volts for water pumping, when such pumping is re- stricted to off-peak periods as defined herein, f Rate: $.009 per K.W.H. Net. Off-Peak Periods: The off-peak period, as prescribed under this schedule, is defined to be the hours between 8:00 P. 1VI. and 8:00 A. M. the following day, and the hours between 12:00 Noon and 2:00 P. 1~I. daily through the year and from 4:00 P. M. and 6:00 P. M. daily during the period from April 15 to September 15, inclusive, or in case of emergency, or when, at any time, the life or property of the citizens of Dubuque may be in danger. An emergency shall be held to exist (i) whenever the water in the Nagle Point Reservoir is in danger of over-flowing. (2) whenever, to main- tatn proper pressures for fire protec- tion, it is necessary to pump water from the lower level storage to the high service elevated tanks and stand- pipes. Fuel Adjustment: The rate for electrical energy stated herein is based upon using coal or oth- er boiler fuel to produce such energy and costing sixteen cents ($0.16) per million B.T.U. delivered in the bunk- ers of the Dubuque, Iowa, plant- of the person, firm or corporation supply- ing such electrical energy at Dubuque, Iowa. In the event that the average cost of boiler fuel delivered as aforesaid differs from the base price of sixteen cents ($0.16) per million B.T.U. by one cent ($0.01) or more per million B.T.U., than there shall be added to, or de- ducted from the rate hereinbefore pro- vided per kilowatt hour, twenty-two hundredths mills ($.00022) for each whole one cent ($0.01) b}' which the cost of one million B.T.LT. of boiler fuel used during the preceding month ex- ceeds or is less respectively than the base price of sixteen cents ($0.16) per million B.T,U. Before placing into effect the terms of this provision, the firm, person or corporation supplying electrical energy at Dubuque shall first disclose to the City Dlanager of the City of Dubuque sufficient data to warrant such action. SCHEDiJLE ~ Street and Boulevard Lighting Service Availability: Available to the municipality of the City of Dubuque and to the Board of Park Commissioners of the City of Dubuque for lighting streets, alley `ways, and park areas, and for traffic control and police call signals. Rate: (a) Overhead System: The rates to be charge for each ov- erhead street light owned, operated, 109 maintaiend and supplied with electri- cal energy by the person, firm or cor- poration supplying electrical energy within the City of Dubuque, including the replacement of all glassware and renewal of lamps, shall be: Size of P$R YEAR Lamp- Hours of Rate Per Lumens Burning Year 1000 4000 $20.40 2500 4000 26.40 4000 4000 31.20 (b) Ornamental Street Lighting: The rates to be charged for each lighting standard by the person, firm or corporation supplying electrical en- ergs within the City of Dubuque for the operation of such lighting stand- ard of the ornamental street lighting system owned by the City of Dubuque and/or the Park Board of the City of Dubuque, including all electrical ener- gy for the operation thereof and all ex- penses and/or charges incident to the operation of said system including the cost of replacement of any and all glassware and renewal of lamps, ex- cept where the breakage of such glassware and/or lamps is due to traf- fic damage, brit not including the ~ain® tenance of cables and lighting stand- ards which shall be maintained by the owners thereof, shall be: P>~R YEAR Size of Hours Rate Lamp- of per Standard Lumens Burning Year 1-Lamp @ 600 4000 $10.20 1-Lamp cL 1000 4000 11.40 1-Lamp @ 2500 4000 16.80 1-Lamp ~ 6000 4000 29.40 2-Lamp a 6000 4000 53.40 1-Lamp a 2500 2000 $12,60 1-Lamp @ 6000 2000 20.40 2-Lamp @ 6000 2000 34.80 Traffic Control Signals: The rates to be charged for electri- cal energy furnished for the operation of the traffic control signals owned, operated and maintained by the City of Dubuque, shall be: Rate Per ATO. and size of lamps Year 4-bight-40 watts _______________$55.80 3-Light-40 watts _______________ 36.00 Flashing Type ________________ 24,00 Police Call Signals: The rates to be charged for electri- cal energy furnished for the operation of the police call signal system owned by the Cit}* of Dubuque, shall be $8.00 per year per call signal. Park Lights: The rates to be charged by the per- son, firm or corporation supplying electrical energy within the City of Dubuque for the operation of each Special Session, April 29th, 1941. 110 Special Session, April 29th, 1941. park lighting standard of the park or street fighting system owned by the Dubuque Park Board, including all energy required for the operation thereof, and all expenses or charges incident to the operation of such sys- tem, including the cost of the replace- ment of any and all glassware andi or renewal of lamps, except where the breakage of such glassware or lamps is due to traffic damage, but not in- cluding the maintenance of cables and lighting standards which shall be main- tained at the cost of the openers there- of, shall be: PAR Y)~AR Size of Hours Rate Lamp- of Pet' Standard i ~ 4000 s B4000 g $22eS0 i-Lamp C 1-Lamp ct 2500 4000 19.20 5-Lamp* *Standard has 1-100 watt lamp and 4-50 watt lamps burning 4,000 hours and 1,6-10 hours respectively. Payment: Bilt_s shall be rendered monthly by the person, firm or corporation supply- ing such electrical energy to the City of Dubuque, Iowa, at the rate of one- twelfth (1-12th) of the respective an- neal charge for each street light, or- namental standard, traffic control sig- nal, and/or police call signal in service chtring the month for which the bill is rendered. PARA~IdAPH 910 Change in Service Classification: Section 2. Any customer taking service under one or more of the vari- ous classifications of service may elect to change to any other classification that may be available to him, provid- ed, ho~yever, that the person, firm or corporation suppl}-ing electrical ener- gy in the Cit}- of Dubuque need not change any customer's classification more than once in any twelve (12) month period. PARA~IZAPPI 911 Meter Service: Section 3. No person, firm or cor- poration supplying elecri•rcal energy in the City of Dubuque shall install any meter or meters upon a customer's premises for the purposes of measur- ing electrical energy to be supplied to sand customer unless and until such meter has been compared with a stan- dard meter and adjusted so that the error in registration at fall load is not more than plus or minus two per cent (2°Jo) of accuracy within a period of six (6) months preceding date of in- stallation upon said customer's prem- ises. Any meter installed upon a cus- tomer's premises shall bear a label clearly indicating the date that said meter ryas tested and recalibrated. meters at the effective date of this ordinance in service shall be system- atically tested and/or compared with a standard meter and adjusted to reg- ister within plus or minus two per cent (2i~) of acetu-ac}*, in such numbers so that within five (5) years from and after the effective date of this ordin- ance all meters in service within the City of Dubuque will have been tested and recalibrated, and no meter shall be kept in service which has not been recalibrated within said five (5) year period. The person, firm or corporation sup- pl}-ing electrical energy in the City of Dubuque shall keep on file a record of the test of each meter, installed upon or retained in service upon a cus- tomer's premises after test, which rec- ord shall be available for inspection by officials of the City of Dubuque. Such record as filed shall indicate the name of the manufacturer of said meter, its serial number, type, capacity, number assigned to it by its owner, the name and address of the customer where said meter vas in service prior to said test, the date of said test and date of last previous test, together with the percentage of error above or below ac- curacy, as disclosed by said test. 1\Ze- ters shall be adjusted to register with- in plus or minus tt~*o per cent (2~/0) of accuracy at full load. PARA~I2APH 912 Penalty: Section '. Any person, firm or cor- poration «-ho shall charge or exact other or different rates or charges for ani- type of service, the rates for which serf-ice are herein fired and determin- ed, or ~aho shall violate any of the provisions hereof, shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be fined not to exceed $100.00, or imprisoned not to exceed thirty (30) days in jail. PARACaRAPH 913 Repeal Clause:: Section 5. All ordinances, parts of ordinances or resolutians in conflict herewith or in any manner relating to the subject matter hereof be, and the same are, hereby repealed. PAItAC;PAPH 914 Publication Section 6. This ordinance being deemed urgent and of immediate nec- essity and in the interest of the public peace and safety shall be in effect from and after its final passage, adoption, and approval by the Council of the City of Dubuque and publication as provided by law. Passed upon first and second read- ings this 21st day of April, 1941. Passed, adopted and approved upon final reading this 29th day of April, 1941. FRANK VAN DU~L,MAN, Mayor. F. W. THOMPSON, AI,BI~,RT WHARTON, B. A. SCHU~I.I.I~R, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Publishedofficially in the Telegraph- Herald newspaper this 30th day of April, 1941. 4-30-1t. J, J. SHI;A, City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Ordinance No. 9-41. An Ordinance establishing and Fixing Rates to be charged for the furnishing of Bus Transportation to Adults on Buses op- erated by the Interstate Power Co. in the City of Dubuque; Providing for the Continuance and effect of all of the Provisions of the Franchise Ordin- ance of said Interstate Power Co.; Prescribing a penalty for Violation hereof, and declaring an emergency, said ordinance having been passed up- on first and second readings on April 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. ORDINANCE NO. 9-41 An Ordinance establishing and Fix- ing Rates to be charged for the furnishing of Bus Transportation to Adults on Buses operated by the Interstate Power Co. in the City of Dubuque; Providing for the Contin- uance and effect of all of the Pro- visions of the Franchise Ordinance of said Interstate Power Co.; Pre- scribing aPenalty for Violation here- of, and Declaritng an emergency. WH~RRAS, The Interstate Power Co., as successors to Dubuque Electric Company, operating a bus system in, along and upon the streets of the City of Dubuque by virtue of a franchise ordinance adopted and approved by the electors of the City of Dubuque on March 27, 1922, and as amended there- after; and WH~RAS, It is provided by said franchise ordinance that the City Coun- cil reserves the right to fix reasonable and just rates; and WHF•RAS, The City of Dubuque through its proper officers, has con- ducted a survey and investigation of the Interstate Power Co. in reference to the returns from electricity and transportation service; and WHI~RAS, After such survey and investigation, it has been determined that there should be an adjustment of rates for certain electric users and an adjustment of rates for bus fares; and WH~R~AS, Negotiations were had between the City of Dubuque and the Interstate Power Co. with a view of reaching a proper adjustment of rates, and it was agreed between the parties that the proper adjustment of rates should include an adjustment of bus fares to five (5c) cents per adult pas- senger, which was determined to be a reasonable and just rate. NOW, THRR$FORD: B~ IT ORDAINRD BY THE CITY COUNCI1r OF THE CITY OF DUBUQUE: Section 1. That the fare to be charg- ed by the Interstate Power Co. on all buses operated in the City of Dubuque under the franchise ordinance and amendments thereto, be, and the same is hereby fixed at five (5c) cents per each adult passenger; that when re- quested transfers are to be issued upon the pa}~ment of all fares without addi- tional charge. Section 2. Any person, firm or cor- poration ~vho shall charge or exact different charge or exact different fares than herein provided shall be guilt}~ of a misdemeanor and upon con- viction thereof shall be fined not to exceed $100.00, or imprisoned not to exceed thirty (30) days in jail. Section 3. This ordinance being deemed urgent and of immediate nec- essity and in the interest of the pub- lic, shall be in effect from and after its final passage, adoption and approval by the Council of the City of Dubuque and the publication as provided by law. Passed upon first and second read- ings this 21st day of April, 1941. Passed, adopted and approved upon final reading this 29th days of April, 1941. FRANK VAN DURLMAN, Mayor. F. W. THOMPSON, AI,B~RT WHARTON, B. A. SCHU~I,I,);R, GRO. R. MURPHY, Councilmen. Attest: J, J. SHWA, City Clerk. 4.f E ~`~'~~'. '.I , }. 3 ~. ,' i 12 Special Session, A ril 29th, 1941. - i~'~: ~ 4~,'i, ~' '; ~ To the Honorable City Council of the Power of Attorney of Columbia Cas- I City of Dubuque, Dubuque County, ualty Cotnpatty appointing Thomas M. ': f ''~ Iowa Langton its true and lawful Attorney- . . In-k act presented and read. Council- - Gentlemen: ratan Ibiurphy moved that the Power The Interstate Power Co. does here- of Attorney of Thomas NI. I,angtou by accept that certain ordinance, and be received and placed on file. Sec- ,' all its terms and conditions, which or- onded by Councilman Wharton. Car- dinance is entitled: ried by the following vote: Yeas - -- dinance T~Io. 9-41 Or - n Councilmen lIa or ~- an Duelma Y An Ordinance Establishing and Fix- Murphy, Schueller, Thompson, Whar- " I r - ' ', `',~''i,E - ing Rates to be charged for the fur -None. ton. Days - nishing of Bus Transportation to Buses operated by the In- lt Ad Communication of Thomas J. Grace ! r s on u terstate Power Co. in the City of C callin the attention of the City Coun- g l to a curve in the curbing at 603 c ~ :;-S;, on- Dubuque; Providing for the f the ll f T Lnicersity Avenue presented and read. ! ! " ~ ~ i I ~ `I o a tinuance and Effect o Provisions of the Franchise Ordin- Councilman 1 hompson moved that the C h . _ ance of said Interstate Power Co.; oun- e communication be referred to t cii to view the grounds. Seconded by ! '' t ' ' 'I ` I ~ ~ i ~~I Prescribin a Penalt for Violation and Declaring an Emergenc}~. f h Councilman Murphy. Carried by the . i , , I , I ! , C , ereo Which certain ordinance was passed following vote: Yeas-Mayor Van Councilmen Murphy, Schuel- Duelman k , I by the City Council upon first and sec- , Thompson, Wharton. Nays - ler ~ ',, ! ! ~ , and readings on the 21st day of April, , None. ',~ ~;II 1911, and passed, adopted and approv- ~ £ ;il,;,, ', ' " ' ed on final reading on the 29th day of Petition of Perfection Oil Company , , ! ; ;'''il''F;'~ '.; 9'' April, 1941, thereafter to be published requesting permission to place gaso- _ , f',I `,''~!! in the manner provided by law. line tanks under the sidewalk at Third I In Witness Whereof, the said Inter- Street, approximately 50 feet west of f Third id h ',! ~~ ~, "' state Power Co. has caused this ac- executed by its be dul t t e o s I-,ocust on the sout Street and adjacent to property known !' ~ y ance o cep proper officers thereunto authorized as L,ot 113 in the City of Dubuque; resented and read. Council- Iowa ! ~ II this 30th day of April, 1941. INTERSTATE POWER CO. , p than Wharton moved that the petition " I By B. F. PICKARD, be referred to the City Manager for investigation and report. Seconded by ~', ' ' ~ „ ~i F President. Councilman Thompson. Carried by ~ ` '~' Published officially in the Telegraph- the following vote: Yeas-Mayor Van f~l,,`; I,, '~, Herald newspaper this 30th day of Duelman, Councilmen Murphy, Schuel- i ~ i April, 1941. ler, Thompson, Wharton. Nays-None. ~ a. ~,I i 4-30-1T. J. J. SHEA, City Clerk, petition of John T. Kohl, referred ` ~!''' '' Councilman Thompson moved the to the City Council by the Board of ~;, ~r! ~ adoption of the ordinance. Seconded Supervisors, requesting suspension of ,_ ' ' E, - ied b by Councilman Schueller. Carr y taxes on ots 33 and 34 of hP 194 L, t 0 d d d i .I ~,i''!'+' ''. the following vote: Yeas-Mayor Van . rea an on presente A. Stines Addit ~°" j((! ~ ~ Councilmen Murphy, Schuel- Duelman Councilman 1llurphy moved that the '- i~ . , Thompson, Wharton. I~Tays - ler petition be referred to the City Solici- ,, ,,~ i, ,, „ ' ` , None for for investigation and report. Sec- ;; . onded b}* Councilman Thompson. Car- "'I ;` ' Mr. Charles Spielman addressed the ried by the following vote: Yeas- ,- ,i, Council complimenting the members Rfayor Van Duelman, Councilmen ~ of the City Council on their action in Murphy, Schueller, Thompson, Whar- o ' ~I pr.ssing the bus fare ordinance and ton. Nays-None. stating that he believed in the passage i ~ of this ordinance that parking problem Petition of Dubuque Chamber of !;~, ~;, in the business district would be great- Commerce requesting permission for ly relieved. to erect street banners at various street corners in conjunction with the annual ';' ' Original hTotice of Sttit of Dolph G, 00 f 15 000 f "Clean-up, Paint-up and Fix-up Week," , or , . $ Fuller in the amount o on May 5th to 10th presented and -!~ personal injuries sustained in a fall on read. Councilman Schueller moved a sidewalk on the east side of Wind- that the request be granted the work sor tlvenue abutting Linwood Ceme- to be done under the supervision of ' tery at a point about fifteen feet north the Building Commissioner. Seconded of Hennepin Street presented and read. b~, Councilman Wharton. Carried by Cotmcilman Murphy moved that the the following vote: Yeas-Mayor Van Original Notice of Sttit be referred to Duelman, Councilmen 1~Iurphy, Schuel- the City Solicitor. Seconded by Coun- ler, Thompson, Wharton. Nays-None. Gilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- Petition of the American I,egioit man, Cotmcilmen Murphy, Schteller, Drum and Bugle Corps requesting per- - Thompson, Wharton. Nays-None. mission to use the Athletic Field eacl Speeial Session, April 29th, 1941. Friday evening from 7:30 to 9:30 P, M beginning May 2nd, 1941, through the month of August for the purpose o practicing their drills presented an< read. Councilman Thompson movec that the petition be referred to thf City Manager and City Recreationa Director to make arrangements fa the holding of the drills of the Amer- ican Legion Drum and Bugle Corps Seconded by Councilman Schueller. Carried by the following vote: Yeas- Niayor Van Duelman, Councilmer, Murphy, Schueller, Thompson, Whar- ton. Nays-None. April 29, 1941, In re: Claim of Mary Cholvin Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: With reference to the case of Niary Cholvin vs. the City of Dubuque, now pending in the District Court of Du- buque County, Iowa, she claims in her amended and substantial Petition that on or about April 30, 1940, while she w•as walking along Ninth Street west- erly on the sidewalk on the northerly side of said street at a point where the sidewalk intersects the alley, she trip- ped and fell off the edge of said side- walk where the same intersects the easterly side of said alley, that the curbing along the alley where she tripped and fell became ragged, worn, uneven and the edges thereof were rough, knocked off in places with a depression or opening between the end of said sidewalk and said curbing, and that her fall was caused by the con- dition of the sidewalk and curbing; that a result of said fall her hip was broken, she was taken to the hospital, has since been confined to her bed under the constant care of a doctor; that she has suffered excruciating pain and ag- ony and has been and is rendered to- tally helpless and unable to walk; that the length of time it will require that she be confined to her bed under the doctor's care is uncertain and cannot at this time be estimated. That she will continue to suffer pain and agony and will continue to require the serv- ices of a physician. That the hospital expenses were $682.50, medical care to date $438.50, ambulance charges $15.00, X-ray charges $82.50, drugs and medicine expenses $22.50, a total of $1,241.06 actual expenses. That in ad- dition thereto she is sueing for $12,- 000.00 permanent injuries, pain and suf- fering, making a total of $13,241.06. That I have investigated this mat- ter quite thoroughly and am of the opinion that the question of the negli- gence of the City, while close, perhaps is a jury question, and that, in the event the action is submitted to the jury, that a substantial recovery would 113 be permitted to stand. After a thor- ough investigation and consultation with her attorney they have agreed to accept $2,669.00 m settlement of this case. I recommend that Mary Cholvin be allowed $2,669.00 in full payment of her claim and that a warrant be issued payable to iVlary Cholvin and W. A. Smith, her attorney, in the sum of $2,669.00, and that the same be deliver- ed to IVlary Cholvin and W. A. Smith, her attorney, upon the execution and delivery by Mary Cholvin of a proper release to the City of Dubuque, and a written dismissal of her action with prejudice. This defective condition of the curb- ing and sidewalk in this location should be remedied. Respectfully submitted, JOHN J. KINTING~R, City Solicitor. Councilman Wharton 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 $2,669.00 in fa- vor of Mary Cholvin and W. A. Smith, her attorney, as settlement in full of the claim, and that said warrant be delivered upon the execution and de- livery by Mary Cholvin of a proper release to the City of Dubuque and a written dismissal of her action with prejudice. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Thompson, ZVharton. Nays-None. Councilman Schueller not voting. April 29, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen With reference to the attached peti- tion of Mrs. Minnie Rooney et al asle- ing for the rezoning of certain proper- ties on Broadway to Multiple Resi- dence classification, the Planning and "toning Commission respectfully rec- ommends the granting of said petition lvith the provision that all present Two Family property bounded in general by south lot line of properties on south side of 24th Street on the south, a line 100 ft, back from front property line of Diagonal Street on the north, the existing business area directly to the east, and a line 100 ft. back from the front property lines of lots on the west side of Broadway be included with the properties indicated on Mrs. Rooneq's petition, all as per attached plat pre- pared by City Building Commissioner Rossiter. Your truly, DUBUQUR PLANNING AND ZONING COMMISSION, By R. V. McKAY, Secretary. y ~:.' =~ "~ -~ ,, 114 Special Session, April 29th, 1941. Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor to be instructed to prepare the proper proceedings. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Resolution No. 36-41 Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Charles M. 1~ichhorn (Transfer of ad- dress from 1296 Central), 1171 Iowa Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 29th day of April, 1941. FRANK VAN DURLMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHU>;LLFR, GEO. R. MURPHY, Councilmen. Attest: J. J. SHRA, City Clerle. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 37-41 Whereas, Applications for Beer Per- mits have been submitted to this Coun- cil for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council 01 the City of Dubuque that the follow- ing applications be and the same are hereby approved and it is ordered than the premises to be occupied by sucl applicants shall be forthwith inspected Class "B" Permit Name Address Rllas Mihalas and Ruby Mihalas, 57~ Fast 16th Street (Transfer of ad dress from 1200 Iowa Street). Class "C" Permit Jacob Schwietering, 1005 Main Street Thompson & Hogan (F. W. Thomp son), 55 Locust Street. Passed, adopted and approved this ?9th day of April, 1941. FRANK VAN DUFLMAN, iVlayor. ALBERT WHARTON, GEO. R. MURPHY, B, A. SCHUFLI,1~R, Councilmen. Attest: J. J. SHFA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Wharton. Nays-None. Council- man Thompson not voting. Resolution No. 38-41 Whereas, hereofore applications were filed by the within named applicants for Beer Permits and they have re- ceived 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 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 hereby directed to issue to the following named persons a Beer Permit. Class "B" Permit Name Address 1;llas Mihalas and Ruby Mihalas, 574 Rast 16th Street (Transfer of ad- dress from 1200 Iowa Street). Class "C" Permit Jacob Schwietering, 1005 Main Street. Thompson & Hogan (F. W. Thomp- son), 55 Locust Street). Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 29th day of April, 1941. FRANK VAN DUFLMAN, Mayor. ALBRRT WHARTON, B. A. SCHUDLLFR, GEO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Wharton. Nays-None. Council- man Thompson not voting. ~3 ,~ Special Session, April 29th, 1941. 115 There being no further business '~~ Councilman Thompson moved to ad- journ. Seconded by Councilman ' ! Murphy. Carried by the following ,, vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. , { J• J• SI3~A, City Clerk. ~ ! j APProved -----------------------1941 11 ,; Adopted ________________________1941 Councilmen: {_______________________ Attest: ________________________®___®_ City Clerk.