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1941 December Council Proceedings Regular Session, December 1st, 1941. 289 (®fficial) Regular Session, December 1st, 1941. Council met at 8:15 P. A4. Present-Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Mayon Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. November 20, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-I hereby certify that the work of constructing a six-inch vitri- fied the sanitary sewer in Plum Street frotn the manhole in Rttsh Street two hundred and eighty feet northerly un- der the contract bearing date of October 14, 1941, by and between James F. I,ee and the City of Dubuque, has been completed according to the terms, con- ditions and stipulations of said contract, and in every way complies with the same and with the plans and specifica- tions for said improvement. I further certify that said improve- ment as constructed embraces the fol- lowing materials and work: 280 lineal feet of 6" vitrified the sewer pipe @ $1.35__________$378.00 4 Y branches a $1.00__________ 4.00 i Brick manhole @ $50.00______ 50.00 Total due contractor_________$432.00 That the additional cost and expense incident to said improvement and which should be included in the amount to be assessed is as follows: Interest for 54 days @ 6%______ 3.89 Making total cost of said improvement _______________$435.89 I recommend the acceptance of the work by the City Council. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 150-41. A resolution accepting the improvement for the con- struction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet northerly and directing the Clerk to publish notice of the Council's inten- tion to levy special assessments as re- quired by lacy presented and read. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Des Moines, Iowa, Nov. 22, 1941. To the City Council of Dubuque, Dubuque, Iowa. Gentlemen-With reference to the Resurfacing of pavement on West Third Street from Burch Street to Al- pine Street, Dubuque, Iowa, we have inspected the materials and mixtures used in this resurfacing work and wit- nessed its construction during its prog- ress from November 8th to November 14th, 1941. Our control tests showed no serious deviations from the specifications and corrections were made promptly wher- ever possible. The workmanship was skilfully performed. We therefore re- gard this work as done within substan- tial compliance with the specifications therefor. Sincerely yours, PATZIG TASTING I,ABORATO- RI~S, by Monroe I,. Patzig. Councilman Wharton moved that the communication be received and made a matter of record. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. November 20, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-I hereby certify that the work of resurfacing Nest Third Street from the east property line of Burch Street to the west property line of Al- pine Street south under the contract bearing date of October 23, 1941, by and between the Thomas Flynn Coal Co, and the City of Dubuque has been completed according to the terms, con- ditions attd stipulations of said contract, and in every way complies with the same and with the plans and specifica- tions for said improvement. I further certify that said improve- ment as constructed embraces the fol- lowing materials and work: 674.3 lineal feet of concrete curb @ $1.2'5 _________________$ 842.87 8508.1 square yards of sheet asphalt pavement including preparation and asphalt paint cont. @ $1.80________$15,314.58 227.8 tons of binder @ $8.00_ 1,822.40 Total due contractor______$17,979.85 _: 290 Regular Session, December lst, 1941. That the additional cost and expenses incident to said improvement, and which should be included in the amount to be assessed are as follows: Printing C publishing notices.$ 100.00 Inspection-8508.1 sq. yds. C 3% ~ ------------------ 297.78 Interest for 54 days @ 6°Jo__ 161.82 1'Iaking total cost of said improvement _____________$16,539.45 I recommend the acceptance of the work by the City Council. Respectfully submitted, A. A. RHOMBERG, City T~Ianager. Councilman Plurphy moved that the reconunendation of City Manager Rhomberg be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-LVlayor Van Duelman, Councilmen l~lurphy, Schuel- ler, Thompson, Wharton. Nays-None, Resolution No. 151-41. A resolution accepting the improvement for the re- surfacing of West Third Street from the East property line of Burch Street to the West property line of Alpine Sheet South and directing the Clerk to publish notice of the Council's inten- tion to le~,~y special assessments as re- quired by law presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman ZVharton. Carried by the following vote: Yeas-Mayor Vau Duelman, Councilmen Mtu-phy, Schuel- ler, Thompson, \Vharton. Nays-ATOne. 1=Lesolution Itlo. 142-41. Resolution and Application for Perma- atent Transfer of Funds. \Vhereas, An emergency tax levy was trade by the City Council of the City of Dubuque for use in supple- menting the fund required for debt ser- vice during the fiscal year beginning April 1, 1941, and ending March 31, 1942, upon authority and approval of the State Comptroller; and Whereas, as of the 1st of November, 1941, there were cash balances in the Grading Fuud of $4,707.43 and in the Improvement Fund of $10,703.74; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $23,- 580.62, which is available for transfer to the Grading and Improvement Funds above referred to for debt ser- vice; and Whereas, On i\Tovember 1, 1941, Grading Bonds in the amount of $10,- 000.00 and Improvement Bonds in the amount of $30,000.00 matured and Grading Bond Interest in the amount of $1,800.00 plus Improvement Bond Interest in the amount of $3,487.50 be- came clue and payable; and Whereas, In order to pay the obliga- tions due it is necessary to make trans- fers of $10,000.00 from the Emergency Fund to the Grading Fund and of $13,- 487.50 from the Emergency Fund to the Improvement Fund; and Whereas, Before any transfer can he made from the Emergency Fund to any other fund, an application must be made to the State Comptroller for au- thority to make the transfer and his approval secured thereon; Now, There- fore, Be It Resolved, By the City Comtcil of the City of Dubuque, that subject to the approval of the State Comptroller, there he and there are hereby trans- ferred from the Emergency Fund the sum of $1Q000AO to the Grading Fuud and the sum of $13,487.50 to the Im- provement Fund, and the State Comp- troller is hereby petitioned to authorize and approve such transfers; and Be It Further Resolved, That upon the approval of such transfers the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfers, and such notification shall be accompanied by a cnpv of this. resolution and the record of its adoption. The resolution vas passed, adopted and approved by unanimous action of the City Council of the 21st day of No- vember, 1911, and all members thereof signed their names thereto. FRAt~TK VAN DUEL,IVIAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerlc. The foregoing resolution and applica- tion having been filed with the State Comptrroller, the transfer requested is approved this 24th day of November, 1941. C. FRED PORTER, State Comptroller. Councilman Murph}* moved that the Approval of State Comptroller, C. Fred Porter, be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. 12egu1ar Session, December 1st, 1941. 291 Resolution No. 143-41. Resolution and Application for Perma- nent Transfer of Funds Whereas, On November 1, 1941, Im- provement Bonds in the amount of $20,000.00 matured and Improvement Bond Interest in the amount of $3,- 487.50 become due and payable; and Whereas, There is no«= in the hands of the City Treasurer and credited to the Improvement Fund the sum of $10,70.3.74 which is to be supplemented by a transfer of $13,487.60 from the emergency Fund; and Whereas, As of the 1st day of No- vember, 1941, there were balances of $67,735.45 in the Water Works General Fund and of $104,765.40 in the Water Works Sinking Fund; and Whereas, No tiVater Works Bonds or Interest are due and payable during the remainder of the current fiscal year and $32,000.00 in bonds and $3,565.00 in interest become due and payable during the succeeding year and, there- fore, the requirements of Section 6151.1 of the Code have been fully met; and Whereas, In order to pay the obliga- tions due, it is necessary to make a transfer of $20,000.00 from the Water Works General Fund to the Improve- ment Fund; and Whereas, Before any transfer can be made from the Water Works Gg~teral Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, that subject to the approval of the State Comptroller, there be and there is hereby trans- ferred from the Water Works General Fund to the Improvement Fund the sum of $20,000.00, and the State Comp- troller is hereby petitioned to authorize and approve such transfer; Be It Fur- ther Resolved, That upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfer and such no- tification shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed( adopted and approved by ttnanimous action ot` the City Council on the 21st day of No- vember, 1941, and all members thereof signed their names thereto. FRANK VAN DUhL,MAN, Mayor. F. W. THOMPSON, AL,B~RT WHARTON, B. A. SCHU~I,I,ER, GI?O. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerlc. The foregoing resolution and appli- cation having been filed with the State Comptroller, the transfer requested is approved this 24th day of November, 1941. C. FRFD PORTRR, State Comptroller. Councilman Murphy moved that the Approval of State Comptroller, C. Fred Porter, be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen l-lurphy, Schuel- ler, Thompson, Wharton. Nays-None. 1\Ir. Herbert J. Hoffmann, Attorney, addressed the Council, asking Council to act favorably at this time upon the application of the Nine-Ninety Club for a Class "B" Beer Permit for Private Club. Mr. Hoffmann was advised that the Council «=ould consider his request at their next meeting which will be held December 12Th, 1941. Mr. Frank Keeseclcer addressed the Council, requesting Council to take ac- tion on his tax matter which has been pending for Council consideration. Mr. Keesecker ryas advised that Council would consider his request at their meeting of December 12th, 1941. Communication of Paul V. Betters, Rxecutive Director, The United States Conference of T/ayors, extending utvi- tation to attend the Annual Conference of The United States Conference of D/ayors to be held at Washington, D. C., on January 12-14, presented and read. Councilman 11/urphv moved that the communication be referred to the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Dubuque, Iowa, Nov. 26, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-It is our understanding that there is a petition before your hon- orable body for the use of the alley north of Charter Street between Main Street and the Illinois Central Railroad tracks. We protest any such arrange- ments. As owners of the property fac- ing Main Street, we have had some- thing in mind that will necessitate the 292 Regular Session, December 1st, 1941. use of this alley to get into the rear of our property. Thanking you in advance for your kind consideration, we remain, Yours very truly, BART L. MOLD, HAROLD ~. MOLO, Ot~;ners Councilman Schueller moved that the communication 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 Nlurph}=, Schueller, Thompson, Wharton. Nays-None, Dubuque, Iowa, Nov. 26, 1941. To the Honorable Mayor and City Council, City Hall, Dubuque, Iowa, Honorable Sirs-We protest very strongly the tying up of the alley be- tween Main Street and Salina Street going north, starting from Charter Street to Dodge Street. Very truly yours, nIAIZWOOD INSULATION CO., H. A. HAUPTLI, President. Councilman Thompson moved that the communication be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-1~Iayor Van Duelman, Councilmen IVlurphy, Schttel- ler, Thompson, ZVharton. Nays-None. Petition of Marian Gibbs, requesting that an additional street light be in- sialied on Mount Loretta Avenue, pre- sented and read. Councilman ZVharton moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas - N[ayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Petition of Karl J. Page requesting a refund in the amount of $100.00 for the unexpired period of Class "B" Beer Permit No. 26 issued to the Page Hotel Company by Karl J. Page, presented and read. Councilman Thompson moved that the request he granted and the City Auditor be instructed to draw a warrant in the amount of $100.00 in favor of Karl J. Page, to cover the amount of refund granted for the unex- pired period of Class "B" Beer Permit No. 26, issued to the Page Hotel Com- pany by Itarl J. Page. Seconded by Councilman Wharton. Carried by the following vote: Yeas-D'Iayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of Harry D. Lev=is request- ing that the strip of ground known as the North 20 feet of Lot 30 of J. P. Schroeder's Addition and given for the purpose of widening Globe Street, be allowed to revert back to the original Lot 30 in order that a sidewalk and curbing may be constructed and relieve the hazard to pedestrian or vehicular travel, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of Greater Dubuque Asso- ciation, requesting the City Council to issue a proclamation designating Thurs- day, December 11th, 1941, as Bob Fel- ler day in Dubuque, presented and read. Councilman Murphy moved that the request be granted and the Mayor authorized to issue the proclamation as requested. Seconded by Councilman Wharton. Carried by the following vote: Yeas-?t/ayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of the Illinois Central Rail- road Company requesting the City Counil to authorize, by ordinance, the Illinois Central Railroad Company to construct and maintain a track along Salina Street firom its present track along Salina Street to Charter Street and across Charter Street to the premises occupied by Marmis and ,~olomon, presented and read. Mr. ~. D:Iarshall Thomas, Attorney, ad- dressed the Council, requesting that the Council take favorable action on the petition. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the follot~=ing vote: Yeas-~~Iayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None, Ordinance No. 33-41. An Ordinance atneuding and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, designa- ted "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" certain defined ter- ritory now being delimited as "Two Family Residence District," said ordi- nance havng been passed upon first and second readings on November 21st, 1941, and ordered placed on file with the City Clerk for public inspection for at least one v=eek before its final adop- tion, presented and read a third time. OI2DIIVP,~TCE IPSO. 33-a1. An Ordinance amending and chang- ing the Zoning IVIap of the City of Du- buque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to change Regular Session, December 1st, 1941. 293 to "Multiple Residence District" cer- tain defined territory no~v being delim- ited as "Two Family Residence Dis- trict." WHEREAS, it is deemed advisable by the City Council to amend the Zon- ing Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, desig- nated as "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" certain territory hereinafter described, now de- limited as "Two Family Residence District"; and WHEREAS, notices of such pro- posed change have been published as provided by law and an opportunity afforded to any and all interested par- ties and citizens to object thereto at a public meeting held at 7:30 P. M., No- vember 21st, 1941, in the Council Cham- ber in the City Hall; and, WHEREAS, no objections have been filed or made to the proposed change; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be and the same is hereby amended and changed as follows: By changing from a "Two Family Residence District" to "Multiple Resi- dence District" the area described as follows: The area bounded by the cen- ter line of 3rd Street on the south; cen- ter line of 6th Street on the north; the center line of Locust Street on the east; and the center line of Bluff Street on the west. Section 2. This ordinance shall be in force and ffect from and after its final passage, adoption, approval by the City Council and publication as by law provided. Passed upon first and second read- ings this 2'1st day of November, 1941. Passed, adopted and approved on final reading, this 1st day of December, 1941. FRANK VAN DUEL,MAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph- Herald newspaper and The Daily Tri- bune newspaper this 4th day of Decem- ber, 1941. J. J• SHEA, 12-4-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. Ordinance No. 34-41. An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated as "The Zoning Ordinance of the City of Du- buque" so as to change the lot area re- quired of two family dwelling in "Mul- tiple Residence District," "L,ocal Busi- ness District," "Business District," and "bight Industrial District," and of row house in "L,ight Industrial District," said ordinance having been passed upon first and second readings on November 21st, 1941, and ordered placed on file with the City Clerle for public inspec- tion for at least one week before its final adoption, presented and read a third time. O12DINANCE NO. 34-41. An Ordinance amending and changing the Zoning Map of the City of Du- buque as provided by Ordinance No. 3-34 designated as "The Zoning Ordi- nance of the City of Dubuque" so as to change the lot area required of two family dwelling in "Multiple Residence District," "L,ocal Business District," "Business District," and "L,ight Indus- trial District," and of row house in "bight Industrial District"; WHEREAS, it is deemed advisable by the City Council of the City of Du- buque to amend the Zoning Map of the City of Dubuque as provided by Ordi- nance No. 3-34 designated as "The Zoning Ordinance of the City of Du- buque" so as to change the lot area re- quired of two family dwelling in the 'Multiple Residence District," "T•ocal Business District," "Business District," and "bight Industrial District," and also to change the lot area required of row house in "L,ight Industrial Dis- trict"; WHEREAS, notices of such pro- posed changes have been published as provided by law and an opportunity af- forded to any and all parties and citi- zens interested to object thereto at a public meeting held at 7:30 November 21st, 1941, in the Council Chamber in the City Hall; and WHEREAS, no objections have been filed or made to the proposed change; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Ordi- nance of the City of Dubuque be and 294 Regular Session, December 1st, 1941. the same is hereby amended and changed as follows: By striking from subdivision (e) Sec- tion 3 Area Regulations, Article IV, "Multiple Residence District" lines 6 and 7 the following: "two thousand five hundred (2500)" and inserting in lieu thereof, "one thousand two hundred fifty (1250)." By striking from subdivision (e) Sec- tion 3 Area Regulations, Article V, "Local Business District" line 7 and 4 the following: "two thousand five hundred (2500)" and inserting in lieu thereof "one thousand two hundred fif- ty (1250)." By striking from subdivision (e) Sec- tion 3 Area Regulations, Article VI, "Business District" lines 7 and S the following: "two thousand five hundred (2.500)" and inserting in lieu thereof "one thousand two hundred fifty (1250)." By striking from subdivision (e) Sec- tion 3 Area Regulations, Article VII, "bight Industrial District," lines 7 and the following: "two thousand five hundred (2500)" and inserting in lieu thereof "one thousand two hundred fif- ty (1250)"; and by striking from lines 10 and 11, "two thousand t~s=o hundred and fifty (2250)" and inserting in lieu thereof `bne thousand two hundred fif- ty (1250) ". Section 2. This ordinance shall be in force and effect from and after its final passage, adoption, approval by the City Council and publication as by la~v pro- vided. Passed upon first and second read- ings this 21st day of November, 1941. Passed, adopted and approved on final reading, this 1st day of December, 1941, FRANK VAN DU$TaMAN, Mayor. F. W. THOMPSON, AL,B~RT WHARTON, B. A. SCHUI~I,I.~R, GhO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Published officially in The Telegraph- Herald newspaper and The Daily Tri- bune newspaper this 4th day of De- cember, 1941. J. J. SHWA, 12-4-1t. City Clerk. Councilman Schueller moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen IVlurph}-, Schueller, Thompson, Wharton. Nays -None. November 24, 1941. Honorable Mayor and 1\Iembers of the Ciry Council, City of Dubuque, Iowa. Gentlemen -With reference to the claim filed by William Hammerand for $31.28 for recovery of Special Assess- ment for sewer and water connections paid in June, 1925, there is no authority in the law for the return of this money paid for taxes, and I would, therefore, recommend that the Application be de- nied. Respectfully submitted, JOHN J. KINTZING~R, City Solicitor. Councilman IVlurph}= moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. November 29, 1941. To the Honorable Ma}*or and City Council, Dubuque, Iowa. Gentlemen-The Planning and Zon- ing Commission wishes to recommend to your Honorable Body the extension of the bight Industrial District at Lo- cust and Dodge Streets westward across the alley to the center line of Bluff Street for a distance of 182 feet northward on Bluff Street from the center line of Dodge Street to the south property line of I,ot 586. Respectfully submitted, RICHARD V. McKAY, Sec'y., Dubuque Planning & Zoning Comm. Councilman Wharton moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor be instructed to pre- pare the proper proceedings. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen A/urphy, Schueller, Thompson, Wharton, Nays -None. November 29, 1941. To the Honorable Ma}=or and City Council, Dubuque, Iowa. Gentlemen-With reference to at- tached petition of Mrs. Effie Munger, et a1, requesting rezoning of block bounded by Muscatine, Primrose, Bur- lington and Sabina Streets to T~vo Fant- i1y Residence classification, the Plan- ning and Zoning Commission recam- mends the granting of the petition. Respectfully submitted, RICHARD V. McKAY, Secy. Dubuque Planning c& Zoning Comm. Councilman Wharton moved that the recommendation of the Planning and Zoning Commission be approved and. Regular Session, December 1st, 1941. 295 the City Solicitor be instructed to pre- pare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution Adopted by the Board of Dock Commissioners at a 1Vleetin~ Held 11-8-41. Whereas, The City Administration, through the City Council and the Plan- ning and Zoning Commission, has here- tofore caused to be prepared and has adopted a comprehensive Master City Plan and co-related ordinances, which plan contemplates general and specific improvements of the river front, includ- ing the area commonly known as Ham's Island. Whereas, This particular area is practically all subject to overflow dur- ing high stages of the river, thus auto- matically bringing such property under the jurisdiction of the Dock Board, ap- pointed by the Council and acting un- der the provisions of Chapter 303 of the Code of Iowa. Whereas, The Dock Commission has realized for a long time that in order to carry out the TTaster City Plan, which involves the construction of a barge canal between the mainland and Ham's Island, as well as the construc- tion of wharves, railroad sidings, roads and other improvements and facilities, it is necessary that the municipality he the fee owner of all lands in the path of and adjacent to any proposed canal. Whereas, One of the properties most vital in carrying out the contemplated improvements, as provided for in the Master Plan, is the property known as the Papin Farm on Ham's Island, com- prising Mineral hots No. 301, No. 301A and No. 302 in the City of Dubuque, Iowa. Whereas, The Administrator or Trus- tee of the Papin estate has been au- thorized by a Court Decree to sell this property to the City of Dubuque for the sum of Five-thousand ($5,000.00) Cash, and it is the unanimous opinion of the members of the Doclc Commis- sion that the City should avail itself of the opportunity to acquire this property at this very reasonable figure; There- fore, Be It Resolved, By the Board of Doclc Commissioners that we petition your honorable body to make the necessary funds available and proceed forthwith to complete the details of purchase and secure proper deed from the duly au- thorized party or parties without delay. BOARD OF DOCK COMMIS- SIONERS, by J. A. Kerper, Pres. Thos. M. Stampfer, Sec'y., Mark W. Gavin, Commissioner. Councilman Thompson moved that the resolution be received and made a matter of record and that the prayer of the petition be granted. Seconded by Councilman Murphy. Carried by the following vote; Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution 1Vo. 152-41. Whereas, Applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applica- tions be and the same are hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicants shall be forthwith inspected. Class "B" Permit. Name Address John Luber and Anna Luber, 2417 Rhomberg Avenue. The Page Hotel, 73-75 fast Fourth St. Jay McCabe and Clara McCabe (trans- fer of address from 28 Rast 24th Street), 1643 Central Avenue. Mrs. Helen Staner and Mrs. Abbie Clancy, 435 Central Avenue. Passed, adopted and approved this 1st day of December, 1941. FRANK VAN DU~I,MAN, Mayor. F. W. THOMPSON, AI B)~RT WHARTON, B. A. SCHU~I,I,I~,R, GAO. R. MURPHY, Councilmen, Attest: J, J. SHWA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution blo. 153-41. 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 l~lanager be and he is hereby directed to issue to the ~` E ~` E ~`' ~_ X96 ReularSession, December 1st, 1941. follo~a~ing named applicants a Beer Permit. Class "B" Permit. Name Address John I•uber and Anna Luber, 2417 Rhomberg Avenue. The Page Hotel, 73-75 fast Fourth St. Jay McCabe and Clara McCabe (trans- fer of address from 2f; Fast 24th Street), 1643 Central Avenue. Mrs. Helen Staner and Mrs. Abbie Clancy, 435 Central Avenue. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of December, 1941. FRANK VAN DUFLNIAN, Mayor. F. W. THOMPSON, AI,B$RT WHARTON, B. A. SCHU>~I,I,$R, GAO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerlc. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nav-None. J. J. SHWA, City Clerk. Approved -----------------------1942. Adopted ------------------------1942. Councilmen: {----------------------- Attest: _------°-------°-----------°-- City Clerk. Special Session, December 2nd, 1941. 297 V (®fficial) Special Session, December 2nd, 1941. Council met at 5:45 P. IVI. Present - IVlayor Van Duelman, Councilmen Murphy, Thompson,Whar- ton, City Manager Rhomberg. Absent -Councilman Schueller. Meeting called by order of Council- men Murphy and Thompson. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for adoption a resolution approving of sale of City hots 549, 549-A and 550 by Dubuque County to Swift and Com- pany and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved that City Manager A. A. Rhomberg be appointed Clerk of the meeting. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays-None. Absent -Councilman Schueller. Resolution liTo. 154-41. Whereas, City hots 549, 549-A, and 550 in the City of Dubuque, Dubuque County, Iowa, were sold on January 4, 1937, to Dubuque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes against the real estate for the years 1933, 1934 and 1935, and Whereas, The said Dubuque County, Iowa, desires to sell the above de- scribed real estate to Swift and Com- pany for $3,000.00, and Whereas, The sale of said property by Dubuque County, Iowa, to Swift and Company for a sum less than the total amount stated in the Tax Certi- ficate including all endorsements of subsequent general taxes, interests and costs requires the written approval of a majority of all the tax levying and tax certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to Swift and Company for the sum of $3,000.00 in cash, be and the same is hereby authorized and ap- proved. Passed, adopted and approved this 2nd day of December, 1941. FRANK VAN DU~I.,MAN, Mayor. F. W. THOMPSON, AI,B);RT WHARTON, GI~O. R. MURPHY, Councilmen. Attest: J. J. SH1aA, City Clerle. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays-None. Absent -Councilman Schueller. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Thompson, Wharton, Nays -None. Absent-Councilman Schuel- ler. J. J• SHWA, City Clerk. Approved _______________________1942. Adopted ________________________1942. 1 __________°--_________ Councilmen: {____________________®_ l___________________.._® Attest: ___________________________ City Clerk. 298 Special Session, December 12th, 1941. ~ d Special Session, December 12th, 1941. Council met at 8:05 P. M. Present -Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton, City Manager Rhom- berg. Meeting called by order of Council- men Thompson and Wharton. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance and acting on any other business as ma}= properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance by changing Mobley's Du- buque Addition, Collins' Sub., Bell's Sub. and Keogh's Sub. from "Two Family Residence District" to "Multi- ple Residence District" classification, presented and read. No written objec- tions filed and no objectors present in the Council Chamber. Councilman Thompson moved that the proofs of publication be received and filed. Sec- onded by Councilman Murphy. Sec- cuded b}= Councilman Murphy. Carried by the following vote: Yeas-1\Iayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Ordinance No. 35-41. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, desig- nated "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" certain defined ter- ritory now being delimited as "Two Family Residence District"', presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Councilman Thompson moved that tie rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. The ordi- nance was then read a second time. Councilman Thompson moved that the reading just had be considered the sec- ond reading of the ordinance. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schuller, Thompson, Wharton. Nays-None. Counciiman Thompson moved that the ordinance be placed on file with the City Cleric for public in- spection for at least one week before its final adoption. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Claim of James F, I,ee in the amount of $54.86 to expense of repairs to Bttick car damaged in collision at intersection of Ninth and Locust Streets on Octo- ber 28th, 1941, presented and read. Councilman Murphy moved that the claim .be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Nlayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of Harold ~. Molo, et aI, requesting the City Council to adopt an ordinance regulating the establish- ment, conduct and location of Junk Yards within the corporate limits of the City of Dubuque, Iowa, presented and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report Sec- onded by Councilman Schueller. Car- ried b}= the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Navs-I\TOne. Petition of the Illinois Central Rail- road Company requesting authority to construct and maintain a side-track from Salina Street across Charter Street and into the premises occupied by IVlartnis and Solomon, said side-track to be constructed to enter said premises from either the south or north as the Council may prefer, presented and read. Councilman Murphy moved that the petition be referred to the Council to await the report from the Planning and Zoning Commission relative to the regulating of Junk Yards. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Proofs 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 October, 1941, presented and read. Councilman Thompson moved that the proofs of publication be received and filed. Seconded by Councilman Mur- Special Session, December 12th, 1941. 299 phy. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. December 10, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, also a list of claims and payrolls for which warrants were drawn during the month of November, 1941, Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. December 12, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-This is to advise that I have approved the following policies and desire to have your approval on same for filing: Excavation. Frank G. Braconier, 1091 University Avenue, Policy No. I'M 1510, Lon- don Guarantee & Accident Co. Archie Levan, 2239 Central Avenue, Policy No. M&C 21974, The Western Casualty & Surety Co. Respectfully submitted, A. A, RHOMBERG, City Manager. by the Planning and Zoning Commis- sion; Whereas, Before the Zoning Map and the Zoning Ordinance of the City of Dubuque may be amended and changed it is necessary that a public hearing be held; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque: That there should be a public hearing on the question of changing the area bounded by Muscatine, Primrose, Bur- lington and Sabula Streets from a "Sin- gle Family" to a "Two Family" classi- fication, and that the City Clerk be and he is hereby directed to cause to be published in the Official Newspapers of the City of Dubuque notice of such hearing to be held by this Council up- on the proposed change and amend- ment, that the time and place be and the same is hereby fixed for said hear- ing at 7:30 P. M., on the 5th day of January, 1942, in the City Council Chamber in the City Hall, Dubuque, Iowa. Said notices to be so published so as to leave at least fifteen days be- tween the day of the publication and the time fixed for said hearing, and that at said hearing any and all inter- ested parties and citizens shall have an opportunity to be heard, Passed, adopted and appproved this 12th day of December, 1941. FRANK VAN DUEI.MAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved that the bonds be approved and placed on file. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution I1To. 155-41. Whereas, The Planning and Zoning Commission of the City of Dubuque, upon petition filed, has recommended to the City Council the rezoning of the area bounded by Muscatine, Primrose, Burlington and Sabula Streets from a "Single Family District" to a "Two Family District"; Whereas, The City Council deems it advisable to amend the Zoning Ordi- nance of the City of Dubuque to com- ply with the recommendations made Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution Ida. 156-41. Whereas, The Planning and Zoning Commission of the City of Dubuque, recommended to the City Council the rezoning of the area bounded on the southerly side by the center line of Dodge Street, on the northerly side by the south property line of City Lot No. 586, on the easterly side by the center line of the alley first east of Bluff Street and on the westerly side by the center line of Bluff Street from "Mul- tiple Residence District" and "Local Business District" to "Light Industrial District." ;~~ Special Session, December 12th, 1941. Whereas, The City Council deems it advisable to amend the Zoning Ordi- nance of the City of Dubuque to com- ply with the recommendations made b}' the Planning and Zoning Commission. Whereas, Before the Zoning Map and the Zoning Ordinance of the City of Dubuque may be amended and changed, it is necessary that a public hearing be held; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque: That there should be a public hearing on the question of changing the area bounded on the southerly side by the center iine of Dodge Street, on the nor- tl~,erly side by the south properly line of City I,ot No. 586, on the easterly side by the center line of the alley first east of Bluff Street and on the westerly side by the center line of Bluff Street, from "Multiple Residence District" and "Local Business District" classification to "bight Industrial District" classifica- tion, and that the City Clerk be and he is hereby directed to cause to be pub- lished in the Official Newspapers of the City of Dubuque notices of such hearing to be held by this Council upon the proposed change and amendment, that the time and place be and the same is hereby fixed for said hearing at 7:30 P. M. on the fifth day of JanuaryR 1942, in the City Council Chamber in the City Hall, Dubuque, Iowa. Said no- tices to be so published, so as to leave at least fifteen days between the day of the publication and the time fixed for said hearing, and that at said hearing anv and all interested parties and cit~- zens shall have an opportunit}r to be heard. Passed, adopted and approved this 12th day of December, 1941. FRANIL VAN DU$I,MAN, M aynr F. W. THOMPSON, AI,BI;RT ~THARTON, B. A. SCHU~L,L,I;R, GAO. R. MURPHY, Councilmen Attest: J. J. SHWA, City Cleric. 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 RIo. 15%-41. Whereas, the N. / of I,ot 1, and all of Z•ot 2 I,. H. L,angworthy's Addition in the City of Dubuque, Dubuque County, Iowa, were sold on January 4, 1937, and L,ot 3 of L. H. I,angworthy's Addition, in the city of Dubuque, Du- i;uque County, Iowa, was sold on Feb- ruary 3, 1936, to Dubuque County, Iowa, icy the County Treasurer of Dubuque Cotmty, Iowa, #or delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1935, both inclusive, and Whereas, The said Dubuque County, Iowa, desires to sell the above de- scribed real estate to Catherine Kee- secker for $5,005.00, and Whereas, the sale of said property by Dubuque Count}~, Iowa, to Catherine Keesecker for a sum less than the total amount stated in the Tax Certifi- catee, including all endorsements of sub- sequent general taxes, interests and costs requires the written approval of a majority of all the tax leaving and tax certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to Catherine Keeseck- er for the sum of $5,005.00 in cash, be and the same is hereby authorized and approved. Passed, adopted and approved this 12th day of December, 1941. FRANK VAN DUDL,MAN, Mayor. F. W. THOMPSON, AL,E;~RT WHARTOIvr, B. A. SCHU~I,L,I~R, G1:O. R. MURPHY, Councilmen. r~ hest: J. J. SHWA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Schtteller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution ~Io. 158-41. Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the ~",ouncil of the City of Dubuque that the- following applica- tion be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit for Private Club. Name Address Nine-Ninety Club, 880 Locust Street. Special Session, December 12th, 1941. 301 Passed, adopted and approved this 12th day of December, 1941. FRANK VAN DU~I,MAN, Mayor, F, W. THOMPSON, G>;O. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Thomp- son. Nays -Councilman Schueller. Councilman Wharton not voting, Mayor Van Duelman requested that the record show that this is the last Club Permit for which he will vote in favor of granting. Cotncilman Wharton moved that the rules be suspended for the purpose of allowing any one present iri the Council Chamber, who wishes to do so, to ad- dress the Council. Seconded b}* Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Attorney H. J. Hoffmann and Attorney John A. Cunningham addressed the Council, thanking Council for their fa- vorable action in approving the appli- cation of the Nine-Ninety Club for a Class "B" Beer Permit for Private Club, There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. IvTays-None. J. J. SHEA, City Clerk. Approved ______________________1942. Adopted ________________________1942, I I Councilmen ~ _______________________ Attest: ----------------------------- City Cleric, 302 Special Session, December 26th, 1941, ~~ ``~~ ~ ~ (6~fficial) Special Session, December 26th, 1941 Council met at 8:00 P. M. Present -Mayor Van Dttelman, Councilmen \Iurph}*, Schueller, Thomp- son, Wharton, City Manager Rhom- berg. Dleeting called by order of Council- men Schueller and Murphy. It/avor Van Duehnan read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon the notice of levy of special assessments and intention of the City Council to issue bonds for the construction of a six (6) inch vitrified the sanitary server in Plum Street from the present manhole in Rush Street to two hundred and eight (280) feet nor- therly, also upon the notice of levy of special assessments and intention of the City Council to issue bonds for the re- surfacing of West Third Street from the East property line of Btrrch Street to the Nest property line of Alpine Street South and acting on any other business as may properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of levy of spe- cial assessments and intention of the City Council to issue bonds for the con- struction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet norther- ly, presented and read. Councilman Thompson moved that the proofs of publication be received and filed. Sec- onded by Councilman ZGlurphy. Car- ried by the following vote: Yeas- Mayor Van Duehnan, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS Resolution No. 159-41. Resolved, By the City Council of the City of Dubuque: That to pay for the construction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present man- hole in Rush Street to two hundred and eighty (2801 feet northerly by James F. Tee, contractor, in front and ad- ioining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set oppo- site each lot or parcel of real estate, as follows Special assessment submitted De- cember 26th, 1941. Frank Riniker, L,ot 4, Sub. of lots 131 and 132, Union Add. and Part of Vacated Alley___$ 99.24 Rose and Isabelle Vogel, I,ot 88, Union Add. _________________ 158.80 Susan Hansen, I,ot 2, of Sub. of I,ot 133, Union Add. ________ 87.34 Raymond J. acrd Edith I,. Jena- man, I,ot 87, Union Add., S. 57' 90.51 Total________$435.89 280 I,in. Ft. 6" Vitrified Tile Sewer Pipe a $1.35_________$378.00 4 Y Branches c~ $1.00________ 4.00 1 Brick Manhole @ $50.00____ 50.00 Interest @ 6°fo for 54 days_____ 3.89 Total________$435.89 All of which is assessed in proportion to the special benefits conferred. Passed, adopted and approved this 26th day of December, 1941. FRANK VAN DUEL,MAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUEI,I,ER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerlc. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duehnan, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Proofs of publication, certified to by the publishers, of nutice of the inten- tion of the City Council to issue public improvement bonds in the amount of $435.89 for the construction of a six (6} inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet northerly, presented and read. Councilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duehnan Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Resolution Pdo. 160-41. Whereas, The contract heretofore en- tered into by the City of Dubuque for the construction of a six (6) inch vitri- fied the sanitary sewer in Plum Street, Special Session, December 26th, 1941. 303 hereinafter described, has been com- pleted and said improvement has been accepted by the City Council of said City and the City engineer has com- puted the cost and expense thereof to be $435.89, and Whereas, Public notice as provided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hear- ing has been held pursuant thereto, and all objections filed thereto have been considered and determined; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque that to provide for the cost of the construction of a six (-6) inch vitrified the sanitary sewer in Plum Street from the manhole in Rush Street two hundred eight feet northerl}*, there be issued Sewer Bonds to the amount of $435.89. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1939; shall bear the date of the 26th day of January, 1942, shall be in denominations of $100.00, except that there shall be one bond to the amount of $35.S9. They shall be numbered from 3757 to 3761 inclusive and shall be divided into five series, of which the bond numbered 3757 shall constitute the first series and shall he payable the first day of April, A. D. 1947, the bond numbered 375 shall constitute the second series and shall be payable the first day of April, A. D. 1948, the bond numbered 3759 shall constitute the third series and shall be payable the first day of April, A. D. 1949, the bond numbered 3760 shall constitute the fourth series and shall be payable the first day of April, A. D. 1950, the bond numbered 3761 shall constitute the fifth series and shall be payable the first day of April, A. D. 1951. Said bonds shall bear interest at the rate of six per cent per annum, which interest shall be payable semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treas- urer in tl?e City of Dubuque. Said bonds shall he substantially in the fol- lowing form: No.------------ Series No.____________ CITY OF DUBU~U~ SEWER BOND The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, on the first day of April, A. D. 19____; or any time before that date at the option of the City, the sum of One Hundred Dollars ($100.00) with interest thereon at the rate of five per cent. per annum, payable on the presentation and sur- render of the interest coupons hereto attached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 311 of the Code of Iowa, 1939, and in accordance with a resolution of the City Council of said City, duly passed on the __ day of December, 1941. This bond is one of a series of 5 bonds, 4 for $100.00 numbered from 3757 to 3760 inclusive, and one for $35.89, numbered 3761, all of like tenor and date, and issued for the purpose of the construction of a six (6) inch vitrified the sanitary sewer in Plum Street from the manhole in Rush Street two hundred eighty feet northerly, and described in said reso- lution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of six per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, a.nd said money can be used for no other purpose. And it is hereby certi- fied and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required- by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby ir- revocably pledged. In Z~Titness Whereof, the City of Du- buque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this __ _ day of December, 1941, and has authorized the use of their facsmilie signature to the interest coupons hereto attached. ----------------------- Mayor. City Clern. Countersigned (Seal) (FORM Oh' COUPON.) On the___---day of______________°- A. D. 19__, the City of Dubuque, Iowa, promises to pay to the bearer, as pro- vided in the bond, the sum of_________ ___________Dollars, at the office of the 3~4 Special Session, December 26th, 1941. City Treasurer in the City of Dubuque, being________months interest due that day on its Sewer Bond No.__________, dated___________________,19__. ------------------------------ Mayor. City Clerlc. Countersigned Be It Further Resolved, That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose; Be It Further Resolved, That the City Treasurer be and he is hereby instructed to sell said bonds in the manner prescribed by law, the proceeds of said sale to be kept in a special fund to be known as the Sewer Fund; Be It Further Resolved, That the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac-simile signature of the City Clerlc; Be It Fur- ther Resolved, That as fast as fttnds al- low, beginning with the second year after the payment of interest ~1ue, these bonds shall be called and retired in the same order as numbered. Adopted this 26th day of December, 1941. Approved: FRANK VAN DUJ~LMAN, Mayor F. W. THOMPSON, ALBERT WHARTON, B. A. SCHU>~LLBR, Gl~O. R. ItIURPHY, Councilmen. Attest: J. J. SH$A, City Clerk, Councilman Thompson moved the adoption of the resolution, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. Statement of Donald Bandy, sub- scribed and sworn to, that he posted along the line of improvement the no- tice of levy of special assessments and intention of the City Council to issue bonds for the construction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet northerly, presented and read. Councilman Wharton moved that the statement be received and placed on file. Seconded by Council- man Murphy, Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Proofs of publication, certified to by the publishers, of notice of levy of spe- cial assessments and intention of the City Council to issue bonds for the re- surfacing of West Third Street from the fast property line of Burch Street to the West property line of Alpine Street South presented and read. Coun- cilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-• Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Dubuque, Iowa, Dec. 1st, 1941. Honorable Mayor and City Commissioners: Gentlemen -Conforming with the provisions of the Local Budget I,aty pertaining to Public Contracts and Bonds, Par. 358, as amended, the un- dersigned interested persons hereby request an investigation by the State Appeal Board, of the Third Street Pav- ing Contract, from Burch Street to Al- pine Street, in all of its Provisions. Respectfully, Dec. 5, 1941-Thomas J. Mulgrew, 431 Alpin Street, Dubuque, Iovra, Dec. 15, 1941-Sydney Haudenshield, 2170 Central Ave., Dubuque, Iowa. Dec. 16, 1941, Catherine M. Sandry, 1250 Langworthy Ave. Dec. 20, 1941-Martin F. Farnan, 330 Winona St. Dec. 20, 1941-Mrs. R. R. Harris, 320 Hill Street. Dec. 22', 1941-Nick Grommersch, 340 Sabula Street. Dec. 24, 1941-Matilda Huber, 151 West 23rd Street. Dec. 24, 1941-Catherine McFadden, 371 Winona Street. Councilman Wharton moved that the petition be received and filed. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Sc'~ueller, Thompson, Wharton. Nays -None, City of Dubuque, Iowa SCH~DUL~ OF ASS>~SSM$NTS Resolution 1Vo. 161-41. Resolved, By the City Council of the City of Dubuque: That to pay for the resurfacing of West Third Street from the east property line of Burch Street ~: ~, r Special Session, December 26th, 1941. 305 to the west property line of Alpine Street south by Thos. Flynn Coal Company, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set oppo- site each lot or parcel of real estate, as follows: Special assessment submitted De- cember 26th, 1941. Owner Location Assessment Fred W. Woodward, Lot 1 of Sub. of Lots 1, 2 and 3 Julia Langworthy Add. ________$ 266.12 Fred W. Woodward, Lot 2 of Sub. of hots 1, 2' and 3 Julia Langworthy Add. ________ 265.08 Fsed W. Woodward, Lot 3 of Sub. of hots 1, 2 and 2 Julia Langworthy Add. ________ 264.07 Emma Klein, Lot 4 N. 75' of Sub. of Lots 1, 2 and 3 Julia Langworthy Add. ________ 71.79 Helen C. Altman, Lot 5 W. 122' Mrs. L. H. Langwor- thy's Sub. ________________ 685.88 James C. Collier, Lot 5 F. 40' Mrs. L. H. Langworthy's Sub. --------------------- 227.17 James C. Collier, Lot 6 W. 83' Mrs. L. H. Longworthy's Sub. --------------------- 471.38 James C. Collier, Lot 6 F. 80' Mrs. L. H. Langworthy's Sub. _ __________ ______ 455.35 John V. Conzett, Lot 7 W. 83' Mrs. L. H. Langworthy's Sub. --------------------- 472.94 Francis and J;lizabeth Mc- Gloughlin, Lot 7 F. 80~ Mrs. L. H. Langorthy's Sub. ___ 456.84 Andrew Fluetsche, Lot 1 of N. 160' of 8 Mrs. L. H. Langworthy's Sub. __ _ 288.19 Howard R. and Claire Wag- ner, et al, I,ot 1 of 2 of N. 160' of 8 Mrs. L. H. Lang- worthy's Sub. ____________ 314.41 Chas. H. Wunderlich, Lot 2 of 2 of No. 160' of 8 Mrs. L. H. Langworthy's Sub. _______ 327.19 J. Anthony Rhomberg, Lot 8 S. 60' Mrs. L. H. L,angwor- thy's Sub. ____________ ___ 46.28 Bessie S. Palen, Lot 1 of Sub. of 8 of M. L. 73__________ 238.33 Bessie S. Palen, Lot 2 of Sub. of 8 of M. L, 73__________ 238.33 Bessie S. Palen, L,ot 3 of Sub. of 8 of M. L. 73__________ 238.33 Gale Parry, Lot 4 of Sub. of 8 of M. L. 73_______________ 107.25 C. M. Roedell, Lot 5 of Sub. of 8 of M. L. 73__________ 50.04 Severin A, and Carl A. Beck, Lot 7 of Sub. of 8 of M. L. 73 Und. / _______________ 14.02 C. M. Roedell, Lot 7 of Sub. of 8 of M, L. Und. %______ 28.08 Gale Parry, I,ot 7 of Sub. of 8 of M. L. 73 Und. %________ 28.08 H. M. Young, Lot 7 of Sub. of 8 of M. L. 73 Und. /___ 14.01 Fred Bell, Lot 2 of 1 of 2 of 9 of Sub of M. L. 73______ 499.50 Fred Bell, I,ot 1 of 1 of 2 of 9 of Sub. of M. I,. 73________ 499.50 Fred Bell, Lot 1 Massey Heights 16.01 S. A. Bissell Fst., Lot 1 of 9 of Sub. of M. L. 73________ 1,417.13 Aleen L. Massey Fst., Lot 1 Langworthy Place ________ 99.19 Anna B. Lawther, Lot 1 of 1 of the Sub. of 2 of M. L. 72 & 1 of 10 of M. I,. 73 and 2 of M. L. 74__________________ 383.25 Anna B. Lawther, Lot 2 of 1 of the Sub. of 2 of M. L. 72 &1of10ofM.L.73&2 of M. L. 74_______________ 269.08 Voelker Realty Co., Lot A of 2of2'of2ofM.L.72&1 of 10 of M. I,. 73 & 2 of M. L. 74 -------------------- 37.74 Peter H. McCarthy, Lot 1 of M. L. 74__________________ 255.12 Peter H. McCarthy, I,ot 1 of M. L. 72------------------ 291.72 St. Joseph's Mercy Hospital, Lot 3 of M. L. 72_________ 25.50 1. Langworthy est., S. % of i of 1 of 1 of 4 Pauline Langworthy's Sub. __ 781.59 Maude Hartman, S. / of 2 of 1 of 4 Pauline Langworthy's Sub. --------------------- 108.21 Maude Hartman, W. 40' of S. of 2 of 4 Pauline Lang- horthy's Sub. ____________ 216.46 Rose Hoefflin, et al, ~. 25' of S. % of 2 of 4 Pauline Lang- worthy's Sub. ____________ 135.47 Rose Hoefflin, et al, W. 50' of W. / of S. % of 3 Pauline Langworthy's Sub. _______ 270.95 D. W. Hartman, l;. 5' of W. TZ of S. / of 3 Pauline Langworthy's Sub.________ 27.07 D.W. Hartman, ~. / of S. of 3 Pauline Langworthy's Sub. _____________________ 298.16 Home Owners' Loan Corp., W. % of S. % of 2 Pauline Langworthy's Sub. _______ 325.28 Fdith Langworthy, F. / of S. % of 2 Pauline Langwor- thy's Sub. ________________ 325.42 Belle & Sarah Cousin, S. 150' of 1 Pauline Langworthy's Sub. --------------------- 651.22 Mabel A. Gunderson, Lot 6 McCoy's Sub. ____________ 256.20 Mabel A. Gunderson, Lot 5 W. 11' McCoy's Sub.______ 56.35 Thomas J. Mulgrew, Lot 5 1;. 39' McCoy's Sub. _________ 199.83 Thomas J. Mulgrew, Lot 4 W. 15' McCoy's Sub. _________ 76.85 Wilhelmine Schmid I~st„ Lot 3 ~. 35' McCoy's Sub._____ 179.33 306 Special Session, December 26th, 1941. Oscar R. Jaeger, Lot 2 Mc- Mary L. Burch, Lot 1 of 2 Coy's Sub. ____________ 215.20 Burch's 2nd Sub. _________ 970.05 Alice & Louise Est. Goodman, James M. Burch, Jr., Lot 1 of Lot 1 McCoy's Sub. ______ 346.14 1 Burch's Znd Sub. _______ 963.71 Adel H. Coleman, Lot 17, Mary L. Burch, Lot 2' of 1 Burch's 2nd Sub 23 243 Deming and Horr's Sub. __ 33.36 . _________ C. «~. Powers, Lot 1 of 2 . Adel H. Coleman, Lot 16, Burch's Sub. _____________ 5.39 Deming and Horr's Sub. __ 19.29 C. W. Powers, Lot 1 Burch's Cath. McFadden, Lot 15 Su 0.13 Deming and Horr's Sub. __ 13.54 j Intersection Alpine Street Mart F. Farnan, Lot 18 Dem- Thomas J. Mulgrew, Lot 28 ing and Horr's Sub. ______ 33.36 T. S. Nairns Dubuque_____ 4.12 Michael Crane, Lot 19 Dem- John T. Adams, Lot 29, T. S. ing and Horr's Sub. _ ____ 19.29 Nairns Dubuque __________ 9.45 Michael Crane, Lot 20, S. 3' Winifred R. Adams, Lot 30, Deming and Horr's Sub. __ 1.00 T. S. Nairns Dubuque_____ 20.20 Catherine M. Fleckenstein, t-Winifred R. Adams, Lot 31, Lot 70, N. 4T Deming and T. S. Nairns Dubuque_____ 52.02 Horr's Sub. ______________ 12.54 ~linifred R. Adams, Lot 32 ~Vm. J. O'Rourke, Lot 25 T. S. Nairns Dubuque_____ 210.05 Deming and Horr's Sub. __ 31.64 Elizabeth Beach, Not 17 Julia Alva C. and Mabel Johnson, L. I,angworthp's Add. ____ 202.65 Lot 26 Deming and Horr's Elizabeth Beach, Lot 18 N. Sub. _____________________ 11.92 66.06' Julia L. Langworthy's John W. R; Mae ~. Est. Sims. Add. _____________________ 59.65 Lot 2 of 4 of M. L. 73______ 1.38 J. A. Meshinger, I,ot 18, S. 6' Susan NI. Clark, Lot 1 of 3 Julia L. Langrvorthy's Add. 3.07 Btettell & Langworthy's J. A. Meshinger, Lot 19 Julia Add ----------------- -- 464.08 L. Langworthy's Add. __-- 13.75 Ethel L. Harris, Lot 2 of 3 /Intersection Burch Street Buettell & Langworthy's Anna R I~adesky, Lot 7 For- Add. _____________________ 105.63 tune's Sub. __-_______._____ 21.16 Nellie Redden, Lot 4 S. 49' Robert Duphy, et al, Lot 6 W. Buettell ~C Langworthy's z~z Fortune's Sub. ______ _ 14.11 Add. _____________________ 69.27 Henrietta Barmeier, Lot 6 E. Columbia College, Lot 4 N. 1' / Fortune's Sub. ________ 14.11 Buettell & Langworthy's Mathilda C. Huber, Lot 5 Add. -------------------- •91 Fortune's Sub. ------____-- 28.23 Columbia College, Lot 5 S. 34' Nick ~Q Illary Grommersch, Buettell & Laugworthy's Lot 4 Fortune's Sub. ______ 16.37 Add. _____________________ 24.88 City of Dubuque Not 732 City Frances N. & Sarah Vogt, Lot Lot ______________________ 138.64 5 N. 16' Buettell & Lang- Peter H. A~IcCarthy, Lot 1 of wrn-thy's Add. ------____-- 7.91 M. L. 74__________________ 6.86 Frances N. & Sarah Vogt, Lot Peter H. McCarthy, Lot 1 of 6 S. 18' Buettell & Lang- ~;-I, I„ 72_________________ 3.67 worthy's Add. __________-_ 6.88 St. Joseph's Mercy Hospital, Donald 8 Stella Whelan, Lot Lot 3 of M. L. 72__________ .20 6 N. 32' Buettell & Lang- worthy's Add. ____________ 11.63 Total________$18 ,539.45 A. J. Hartig, Lot 1 of 1 of 1 _ 76 of 2 of 2 of 3 of M L 15.25 674.3 Lin. Ft. Concrete Curb __ . . A. J. Hartig, Lot 3 of 2 of 2 ~! $1,25 __________________$ 8 508.1 Sq.Yds. Sheet Asphalt 842.87 of 3 of M. L. 76___________ Sandry Lot 2 Catherine M 14.69 , Pavement @ $1.80, includ- , . Buettell & Langworthy's ing preparation and asphalt Add. _____________________ 246.49 Patnt cost ________________ 15 227.8 Tons Binder @ $8.00___ 1 ,314.58 822 40 Catherine M. Sandry, Lot 1 Extra Expense @ .02212365 , . 397 78 W. / Buttell & Langwor- thy's Add. _______________ 119.17 _ Interest, 6% for 54 days_____ . 161.82 Catherine M. Sandry, Lot 7 ' Total________$18 539 45 s Buettell & Langworthy _____________________ Add 40.90 , . All of which is assessed in proportion . Catherine M. Sandry, Vacated to the special benefits conferred. alley in Buettell & Lang- Passed, adopted and approved this worthy's Add. ___________ 29.64 26th day of December, 1941. Alfred & Louise Peaslee, Lot 2 of 2 of M. L. 73_________ 75.26 F. W. THOMPSON, Alfred & Louise Peaslee, Lot ALBERT WHARTON, 2 of 1 of 2 of 2 Burchs' Sub. 172.65 GEO. R. MURPHY, Louise Burch Peaslee, Lot 2 Councilmen. of 2 Burch's 2nd Sub. _____ 103.24 Attest: J, J. Shea, City Clerk. ~~ ~- ~_ ' T , : ~=Ti Special Session, December 26th, 1941. 307 M Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Councilmen Murphy, Thompson, Wharton. Nays -Mayor Van Duelman, Councilman Schueller. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue public im- provement bonds in the amount of $18,539.45 for the resurfacing of West Third Street from the East property line of West Third Street to the West property line of Alpine Street South presented and read. Councilman Mur- phy moved that the proofs of publica- tion be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution IQo. 162-41. Whereas, The contract heretofore en- tered into by the City of Dubuque for the improvement of West Third Street, hereinafter described, has been com- pleted and said improvement has been accepted by the City Council of said City and the City engineer has com- puted the cost and expense thereof to be $18,539.45; and Whereas, Public notice as provided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hear- ing has been held pursuant thereto, and all objections filed thereto have been considered and determined; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, that to provide for the cost of resurfacing West Third Street from the east property line of Burch Street to the west property line of Alpine Street South there be issued Improvement Bonds to the amount of $18, 539.45. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1939, which shall bear the date of the 26th day of January, A. D. 1942; shall be in denominations of $500.00 except that there shall be one bond to the amount of $39.45. `T'hey shall be numbered from 3762 to 3799 inclusive and shall be divided into ten series of which the bonds numbered 3762-3763- 3764-3765 shall constitute the first se- ries and shall be payable the first day of April A. D. 1943; the bonds number- ed 3766-3767-3768-3769 shall constitute the second series and shall be payable the first day of April A. D. 1944; the bonds numbered 3770-3771-3772-3773 shall constitute the third series and shall be payable the first day of April, A. D. 1945; the bonds numbered 3774- 3775-3776-3777 shall constitute the fourth series and shall be payable the first day of April A. D. 1946; the bonds numbered 3778-3779-3780-3781 shall constitute the fifth series and shall be payable the first day of April, A. D. 1947; the bonds numbered 3782-3783- 3784-3785 shall constitute the sixth se- ries and shall be payable the first day of April, A. D. 1948; the bonds num- bered 3786-3787-3788-3789 shall consti- tute the seventh series and shall be payable the first day of April, A. D. 1949; the bonds numbered 3790-3791- 3792' shall constitute the eighth series and shall be payable the first day of April, A. D. 1950; the bonds numbered 3793-3794-3795 shall constitute the ninth series and shall be payable the first day of April, A. D. 1951; the bonds numbered 3796-3797-3798-3799 shall constitute the tenth series and shall be payable the first day of April, A. D. 1952. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be payable semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treas- urer in the City of Dubuque. Said bonds shall be substantially in the fol- lowing form: No.------------ Series No.____________ City of Dubuque Improvement Bond The City of Dubuque in the State of Iowa, promises to pay as hereinafter mentioned to the bearer hereof, on the ------day of-----------------> 19----> or any time before that date at the op- tion of the City, the sum of $500.00 with interest thereon at the rate of five per cent. per annum, payable on the presentation and surrender of the in- terest coupons hereto attached, both in- terest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 311 of the Code of Iowa, 1939, and in accordance with a resolution of the City Council of said City, duly passed on the______day of__________, 19____; This bond is one of a series of 38 bonds, 37 for $500.00, numbered from 3762 to 3798 inclusive, and one for $39.45 num- bered 3799, all of like tenor and date, and issued for the purpose of the im- 30i3 Special Session, December 26th, 1941. provement of West Third Street from the east property line of Burch Street to the west property line of Alpine Street south and described in said reso- lution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of six per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certi- fied and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby ir- revocably pledged. In Witness Whereof, The City of Dubuque by its City Council, has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this______day of_____________, 19--__, and has authorized the use of their fac- simile signature to the interest coupons hereto attached. Mayor. City Clerk. Countersigned (Seal) (Form of Coupon) on the____day of_________A. D. 19___, the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of_____________Dollars, at the office of the City Treasurer in the City of Dubuque, being__________ months interest due that day on its Im- provement Bond No.________________, dated______________________, 19____. Mayor City Clerk. Countersigned Be It Further Resolved, That the Mayor and City Cleric be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer, who will also register them in a book to be kept by him for that purpose; Be It Further Resolved, That the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improve- ment Fund; Be It Further Resolved, That the interest coupons at- tached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac-simile sig- nature of the City Clerk; Be It Further Resolved, That as fast as funds al- low, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 26th day of December, 1941. Approved: F. W. THOIviPSON, AL,BIRT WHARTON, G1O. R. MURPHY, Attest: J. J. SH$A, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Councilmen Murphy, Thompson, Wharton. Nays -IVlayor Van Duelman, Councilman Schueller. Statement of Donald Bandy, sub- scribed and sworn to, that he posted along the line of improvement a notice of levy of special assessments and in- tention of the City Council to issue bonds for the resurfacing of West Third Street from the last property line of Burch Street to the West prop- erty line of Alpine Street South, pre- sented and read. Councilman Murphy moved that the statement be received and placed on file. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yea-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None, Claim of George B. Collinson in the amount of $50.00 for personal injuries sustained in falling down an open stair- way leading to the basement of the building on the Northeast corner of Sixth and Main Streets, 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. ~s::. ~` -'1 r ~ 'i .'. I, Special Session, December 26th, 1941. 309 Communication of Retail Merchants Bureau expressing their thanks for Council co-operation in connection with the Christmas Parade held November 29th, 1941, presented and read. Coun- cilman Wharton moved that the com- munication be received and placed on file. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Farley & L,oetscher Mfg. Co. requesting permission to install four underground storage tanks in Jackson Street at the southwest corner of Ninth and Jackson Streets presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Swift and Company of- fering to pay, within thirty days, the full total principal of all of the assess- ments not so paid by the former owner against City hots .549, 549-A and 550 contingent upon the City vacating a part of Harrison Street as requested in a companion petition filed with the City Council, presented and read. Councilman Murphy moved that the petition be referred to the City Solicit- or for investigation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Petition of Swift and Company ask- ing for the vacation of all of that part of Harrison Street beginning 105 feet South of the South line of Dodge Street and extending southerly to the North line of Industrial Subdivision, present- ed and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Petition of Milton J. Kalmes, advis- ing Council that he is discontinuing the operation of the Frontier at 1085 Uni- versity Avenue and requesting a refund in the amount of $50.00 on the unex- pired portion of his cigarette li- cense and a refund in the amount of $150.00 on the unexpired por- tione of his beer permit, present- ed and read. Councilman Thomp- son moved that the requests be granted and the City Auditor to be instructed to draw a warrant in the amount of $50.00 in favor of Milton J. Kalmes to cover refund on the unexpired portion of his cigarette license, said license to be returned for cancellation on or be- fore December 31st, 1941, and also to draw a warrant in the amount of $150.00 in favor of Milton J. Kalmes to cover refund on the unexpired portion of his beer permit, said beer permit to be re- turned on or before February 16th, 1942, for cancellation. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of Mettel Realty & Invest- ment Co. submitting offer in the amount of $25.00 as payment of the unpaid special assessments against L,ot 13 in McClain's Subdivision for the purpose of clearing title, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy; Schuel- ler, Thompson, Wharton. Nays-None. Council Proceedings for the month of October, 1941, presented for ap- proval. Councilman '1hompson moved that the Council Proceedings for the month of October, 1941, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilarien 3Vlurphy, Schueller, Thomp- son, Wharton. Nays-None. Proofs of publication, certified to by the publishers, of statement of receipts and also a fast of claims for which war- rants were drawn during the month of November, 1941, presented and read. Councilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. Ordinance No. 35-41. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Du- buque" so as to change to "Mutiple Residence District" certain defined ter- ritory now being delimited as "Two Family Residence District," said ordi- nance having been passed upon first and second readings on December 12th, 1941, and ordered placed on file with the City Clerlc for public inspection for at least one week before its final adop- tion, presented and read a third time. 310 Special Session, December 26th, 1941. ORDIT~IAhICE PI O. 35-41. An Ordinance amending and chang- ing the Zoning Map of the City of Du- buque as provided by Ordinance No, 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" cer- tain defined territory now being delim- ited as "Two-Family Residence Dis- trict." WH~R~AS, It is deemed advisable by the City Council to amend the Zon- ing i\Iap of the City of Dubuque as provided by Ordinance No. 3-34, desig- nated as "Zoning Ordinance of the City of Dubuque" so as to change to "Mul- tiple Residence District" certain terri- tory hereinafter described, now delim- ited as `'Two-Family Residence Dis- trict", and WH~RFAS, Notices of such pro- posed change have been published as provided by law and an opportunity afforded to any and all interested par- ties and citizens to object thereto at z public meeting held at 7:30 p. m., De- cember 12th, 1941, in the Council Chamber in°the City Hall; and WH~R~AS, No objections have been filed or made to the proposed change; Nojv, Therefore, B)~ IT ORDAINED BY THE CITY COUNCII, OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be and the same is hereby amend- ed and changed as follows: By changing from a "Two-Family Residence District" to "Multiple Resi- dence District" the area described as follows: Mobley's Dubuque Addition, Collins' Sub.; Bell's Sub. and Keogh's Sub. Section 2. This Ordinance shall be in force and effevt from and after its final passage, adoption, approval by the City Council and publication as by law provided, and when the costs and ex- penses of publication have been paid by the parties applying therefor. - Passed upon first and second read- ings this 12,th day of December, 1941. FRANK VAN DU1;I,MAN, Mayor. F. W. THOb-IPSON, AI,BI;RT l~THARTON, B. A. SCHUI;I,I,)R, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Published officially in The Telegraph- Herald newspaper and The Daily Tri- bune nev~spaper this 31st day of De- cember, 1941. J. J. SHhA, 12-31-1t. 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. Resolution No, 163-41. Whereas.. It is apparent that the ex- isting railroad street crossing of the Chicago Great Western Railroad Co. at 29th Street is dangerous and subject to control; and Whereas, It is deemed necessary by the City Council of the City of Du- buque, Iowa, in the interest of the pub- lic safety and convenience that modern approved, electrically operating flashing light and stop signals be installed and operated at the 29th Street crossing of the Chicago Great Western Railroad Co.; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque: That the Chicago Great Western Railroad Co. be and it is hereby or- dered and directed to provide, install and operate modern, approved, elec- trically operated flashing light and ro- tating disk stop crossing signals at 29th Street in the City of Dubuque. That the service shall be immediately started and shall be completed and in use by January 26th, 1942; Be It Fur- ther Resolved, That the City Clerk shall cause to be served on the Chicago Great Western Railroad Co. a copy of this resolution. Passed, adopted and approved this 26th day of December, 1941. FRANK VAN DU~I,MAN, Mayor. F. ~V. THOi\IPSON, AI,B~RT VJHARTORt, B. A. SCHUDI,I,$R, GAO. R. 1\IURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the followiit~ vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Special Session, December 26th, 1941, 311 g .~ Resolution 1Va. 164-41. Be It Resolved, By the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sale of cigar- ettes 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 Louis Anthoine (effective 1-1-42'), 119 West Sixth Street. Be It Further Resolved, That the bond filed with the application be ap- provd. Passed, adoped and approved this 26th day of December, 1941. FRANK VAN DU>~LMAN, Mayor. F. W. THOMPSON, ALBRRT WHARTON, B. A. SCHUTaI,L,$R, G1;0. R. IiURPHY, Councilmen. Attest: J. J. SHI;A, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of allowing anyone present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Mr, H. F. Reynolds, Attorney, repre- senting the firm of Marmis and Solo- mon, addressed the Council relative to the petition filed requesting regulation of junk yards. Verbal report of City Solicitor Kintz- inger recommending acceptance of ' Warranty Deed of C. P. Lagen and Eugenie Lagen, also Warranty Deed of Louis J. Lagen and Administrator Deed of M. H. Czizek for the Estate of Jo- seph T. Lagen, Deceased, conveying the South Middle Thirty-two Feet of City I,ot 658 to t'he City of Dubuque, presented. Councilman DZurphy moved that the verbal recommendation of City Solicitor Kintzinger be approved and that the Deeds be accepted and ordered recorded with the County Recorder. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. There being no further business, Councilmen Murphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. J• J• SH1~A, City Clerk. Approved _______________________1942. Adopted ________________________1942. 1---------------------- Councilmen: ~______________________ Attest: _____________________________ City Clerk. f i ~~ A