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1940 September Council Proceedings192 Special Session, August 9th, 1940. 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 Wm, F, Trimpler and Ruth Trimpler Transfer of address from 1654 Cen- tral Avenue), 659 Central Avenue. Be It Further Resolved, That the bond filed by such applicants be and the same is hereby approved. Passed, adopted and approved this 9th day of August, 1940. F. W. THOMPSON, Mayor, FRANK VAN DU$I,MAN, AI,B$RT WHARTON, B. A. SCHUI;I,I,$R, G1aO. R. MURPHY, Councilmen. Attest: J. J. SH$A, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Ordinance No. 19-40. An Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain aTruss or Trusses across the Al- ley between Second and Third Streets and Main and Iowa Streets, near the Julien Hotel, and extending from a pole on the West Side of said Alley to a pole on the $ast Side of said Alley, and prescribing the conditions of such per- mit, presented and read. Councilman Van Duelman moved that the reading just 'had be considered the first read- ing of the ordiance. 'Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, 1Vharton. Nays-None. The ordinance was then read a second time. Council- man Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Van Duel- man moved that the ordinance be placed on file with the City ,Clerk for public inspection for at least one week before its final adoption, Seconded by Coun- cilman Schueller, Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Mr. Paul Mathis addressed the Coun- cil suggesting that the City Hall be re- modeled and beautified, Councilman Wharton moved that the verbalsugges- tion of Mr. Paul Mathis be referred to. the City Council for further consider- ation. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueler, Van Duel- man, Wharton. Nays-None. J. J. SHWA, City Clerk. Approved -----------------------1940. Adopted ------------------------1940. Councilmen: {______________ Attest: ------------------------------ City Clerl.. Regular Session, September 2nd, 1940. 193 City Council (Official) Regular Session, September 2nd, 1940. No members of the Council being present on roll call, the meeting was postponed subject to call. J. J. SH$A, City Clerk. Approved -----------------------1940. Adopted ________________________1940. -- -- --- --- -- -- Councilmen: ______________________ - - - ------------------ --- Attest: ---------------------------- City Clerk. 194 Adjourned Regular Session, September 3rd, 1940. City Council (Official) Adjourned Regular Session, Septem- ber 3rd, 1940. Council met at 8:05 P. M, Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg, Mayor Thompson stated that this meeting is an adjourned meeting of the regular meeting of September 2nd, 1940, for the purpose of acting upon such business as may properly come before a regular meeting of the City Couucil. 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 Van Duelman. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of the Retail Mer- chauts Bureau, Dubuque Chamber of Commerce, stating that they are desir- ous that the City Council take such steps as, are necessary to make the parking regulations on the parking of automobiles on the streets surrounding Washington Parlc conform with the parking regulations on other streets, presented and read. Mr. Vern Beaty addressed the Council requesting that the Council take favorable action on the request of the Retail Merchants Bureau for regulation of parking around Wash- ington Park. Councilman Murphy moved that the communication be re- ferred to the Council for further con- sideration. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Jacob Lange, a resident of Dubuque County, Iowa, requesting the City Council to aid iu the construction of a catch basin for the purpose of di- verting the flow of surface water from Delhi Street down and upon his prem- ises, presented and read. Attorney Robt. Czizek addressed the Council re- questing that the prayer of the petition of Jacob Lange be granted. Council- man Van Duelman moved that the pe- tition be referred to the Council to view the grounds. Seconded by 'Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Philip Paradiso, request- ing that Woodworth Street be opened from Montcrest to Seward and that said portion of Woodworth Street be brought to grade, presented and read. Council- man Wharton moved that the petition be referred to the Council to view the grounds. Secouded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Coun- rilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of the notice to con- tractors of the receipt of proposals for the construction of an eight inch vitri- fied the sanitary sewer in Concord Street from the present wet well in Concord and Marion Streets to the center of Coates Street and in Coates Street from the center of Concord Street to the west curb line of Fre- mont Avenue and in Premont Avenue from the center of Coates Street about four hundred and seventy-four feet southerly, presented and read. Coun- cilman Murphy moved that the proof of publication be received and filed. Seconded by Councilmen Wharton. Carried by the following vote: Yeas= Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. September 3, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to Resolution No. 83-40, sealed bids were received until 10:00 A. M. September 3rd for the construc- tion of a sanitary sewer in Concord and Coates Streets and in Fremont Avenue. The two bids received are hereto at- tached, together with a tabulation sheet. I recommend that the bids be held by the Council until clearance is obtained from the Work Projects Ad- minist~•ation for the award of a con- tract. Respectfully submitted, A, A, RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Councilman Van Duelman moved that the certified check of Mike Oliver, unsuccessful bidder, for the construc- tion of the santiary sewer in Concord and Coates Streets and in Fremont Avenue be returned to the bidder. Sec- onded by Councilman Wharton. Car- Adjourned Regular Session, September 3rd, 1940. 195 ried by the following vote; Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Notice of claim of Margaret Wei- merskirch in the amount of $5,500,00 for personal injuries sustained in a fall on a defective sidewalk in the neigh- borhood of 815 West 32nd Street, pre- sented and read. Councilman Van Duelman moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. 'Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Original Notice' of Suit of John A. Cunningham, Plaintiff, vs. City of Du- buque, AMunicipal Corporation, De- fendant, in the amount of $20,000.00 far personal injuries sustained in a fall on a broken and defective curb and side- walk at the Northeast corner of Main i Street and Eighth Street, presented and read. Councilman Van Duelman moved that the original notice of suit be re- ferred to the City Solicitor. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None, Supplemental notice of claim of Mrs. Emma Wagner in the amount of $136.00 for personal injuries sustained m a fall on an icy and snow-covered sidewalk on Wilson Avenue, presented and read. Councilman Van Duelman moved that the supplemental notice of claim be referred to the 'City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of The International City Managers' Association extending an invitation to the Honorable Mayor and members of the 'City Council and also to the City Manager to attend the annual conference of the International City Managers' Association to be held in Colorado Springs, Colorado, on Sep- tember 23 to 26 inclusive, presented and read. Councilman Van Deelman moved that City Manager Rhomberg be authorized to attend the annual con- ference of the International City Man- agers' Association to be held in 'Colo- rado Springs, Colorado, on September 23 to 26 inclusive. Seconded by Coun- cilman Wharton. Carried by the fol- lowingvote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of Chief of Police Strub requesting that he be authorized to attend the annual convention of the Iowa Association of 'Chiefs of Police to be held at Sioux City, Iowa, on September 17, 18 and 19, presented and read. Councilman Wharton moved that Chief of Police Strub be author- ized to attend the convention of the Iowa Chiefs of Police to be held in Sioux City, Iowa, on September 17, 18 and 19. Seconded by Councilman Mur- phy. Carried by the following vote; Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of A. E. Wilbricht request- ing that a cement sidewalk be ordered' constructed in front of house number 731 Lowell Street and owned by Lin- coln Weber, presented and read. Coun- cilman Schueller moved that the peti- tion be referred to the Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of The Volunteers of Amer- ica requesting permission for the hold- ing of their annual Heart Tag Sale on September 7th, 1940, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Petition of Mrs. Emma Mosbauer re- questing that the City Council accept the amount of $361.76 for the surren- der of the tax sale certificates held by the City of Dubuque and also for the payment in full of the delinquent spe- cial assessments levied against Lots 247 and 248 Davis Farm Addition, pre- sented and read. City Manager Rhom- berg recommending that the petition be granted and the offer accepted,'Coun- cilman Wharton moved that the verbal recommendation of City Manager Rhomberg be approved and that the City Treasurer and County Treasurer be instructed accordingly. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Petition of Albert Doty, Jr., et al, calling the attention of the City 'Coun- cil to that portion of Hale Street west of Algona Street which is in a critical condition and requesting that said por- tion of Hale Street be improved with a surface of crushed stone or gravel with a coating of Tarvia and then another layer of gravel, presented and read. Councilman Murphy 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-Mayor Thompson, 196 Adjourned Regular Session, September 3rd, 1940, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Theo. V, Haas calling the attention of the City Council to a con- dition which exists in the alley extend- ing front Forrest bane to West Fifth Street attd running parallel to Booth Street and to Glen Oak Street and re- questing the City Council to view the grounds and take action to overcome this trouble before it becomes too seri- ous, presented and read. Councilman Murphy moved that the petition be re- ferred to the Council to view the grounds. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Frank M. Kelly request- ing that the Local Business District be extended on Lot 1 of 2 of 1 of 1 of Mineral Lot 67 easterly 160 feet, pre- sented and read. Councilman Wharton moved the petition be referred to the Planvnig and Zoning Commission for their recommendation and report. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of Sig, Fritschel, et al, re- questing the continuation. of the public band concerts at Eagle Paint Park, pre- sented and read. Councilman Wharton moved that the petition be referred to the Park Board. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, tiVharton. Nays-None. Council Proceedings for the month of June, 1940, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month of June, 1940, be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Ordinance No. 18-40. An Ordinance amending and changing Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District," certain defined territory now delimited as "two Family Residence District" and declaring an emergency, said ordinance having been passed up- on first and second readings on August 5th, 1940, and ordered placed on file with the City Clerk for at least one week before final adoption, presented and read a third time, ORDINANCE N0. 18-40. An Ordinance Amending and Chang- ing Zoning It~Iap of the City of Dubuque as Provided by Ordinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Change to "Multiple Residence District," Certain Defined Territory Now Delimited as "Trvo Family Residence District" and Declaring an Emergency. WHEREFORE, It is deemed advis- able by this City Council to amend the Zoning Map 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 de- fined territory now delimited as "Two Family Residence. District"; and WHEREAS, notice of such proposed change has been published as provided by law and an opportunity afforded to any and all parties interested and citi- zens to object thereto at a public meet- ing held at 7:30 P. M. August 5, 1940; and WHEREAS, no objections have been filed or made to the proposed changes; NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: By changing from "Trvo Family Res- idence District" to "Multiple Family Residence District," the area described as follows: Lot 1 of Lot 3 of Mineral I,ot 367 in the City of Dubuque," Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council and pub- lication as provided by law. Section 3. The cast of the publica- tion of this,Ordinance shall be paid for by the parties who have requested the change. Passed upon first and second readings this fifth (Sth) day of August, 1940. Passed, adopted and approved on fi- nal reading this 3rd days of September, 1940. F. W, THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J, J. SHEA, City Clerk. Adjourned Regular Session, Published officially in The Tele- graph-Herald newspaper this Sth day of September, 1940. J. J. sxEA, 9-5-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Ordinance No. 19-40. An Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain atruss or trusses across the Alley between Second and Third Streets and Main and Iowa Streets, near the Julien Hotel, and extending from a pole on the West side of said Alley to a pole on the East Side of Said Alley, and prescribing the conditions of such per- mit, said ordinance having been passed upon first and second readings on Au- gust 9th, 1940, and ordered placed on file with the C{ty Clerk for at least one week before final adoption, presented and read a third time. ORDINANCE N0. 19-40. An Ordinance Granting to Interstate Power Company of Dubuque, Iowa, Its Successors or Assigns, the Right to Construct and Maintain A Truss or Trusses Across the Alley Between Second and Third Streets and Main and Iowa Streets Near the Julien Hotel, and extending From a Pole on the West Side of Said Alley to a Pole on the East Side of Said Alley, and Prescribing the Conditionsof Such Permit, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section One. That Interstate Power Company, its successors or assignst be and they are hereby granted the right and authority to construct and maintain a truss or trusses across the alley be- tween Second and Third Streets and Main and Iowa Streets near the Julien Hotel, and extending from a pole on the west side of said alley to a pole on the east side of said alley in the City of Dubuque, such truss or trusses to be constructed of steel and iron, excepting the poles, which are to be of wood and to be of sufficient height, width and size to safely carry and sopport elec- trical transformers and other electrical apparatus attached thereto, and to ex- tend the full width of said alley be- tween two poles to which said truss or trusses are to 6e attached, which said ttember 3rd, 1940. 197 poles are to be of sufficient size and strength to safely carry said truss or trusses, the truss nearest the surface of said alley to be at least 18 feet above the surface of said alley, said truss to be securely attached to said poles on either side of said alley, the same to be used for the purpose of carrying elec- trical light transformers and electric light and power wires and other appa- ratus of the Interstate Power Company; said truss to be built and erected and said Poles to be installed under the di- rection and supervision of the Building Commissioner of the City of Dubuque, Iowa, Section Two, Said Interstate Power Company, its successors or assigns, shall agree, as a condition to the grant- ing of the permit and privilege herein granted, and shall guarantee by the ac- ceptance of the terms hereof, to fully protect and save the City of Dubuque, harmless as to any claims, damages or liabilities of any kind which may arise because of the construrtion and main- tenance of said truss or trusses and any and all claims, damages or liabili- ties that may arise or be incurred by reason of the granting of the privileges herein made, and they do hereby spe- cifically agree to pay any and all of said damages, and any claim or suit which may arise or be instituted because of said truss or trusses, or the construc- tion or maintenance thereof, said Inter- state Power Company, its successors or assigns, agree that at the direction of the City of Dubuque they will defend any and al] such claims or suits and will pay for the defense of such claims or suits for any expenses or liabilities to which the City may be subjected be- cause thereof. Section Three. It is understood and provided that such right, license and permission herein granted to erect and maintain said truss or trusses is sub- ject to the payment and assumption by the said Interstate Power Company of the cost of publication of this ordin- ance, and subject to the continuous con- trol of the City Council of Dubuque,. said City Council hereby reserving the right to impose restrictions or condi- tions upon the enjoyment thereof, as may be reasonably necessary for the protection of the public interests includ- ing the right to revoke and rescind such permission, if at any time the public interest should so require. IE and when such permit, right and license is re- voked by said City Council, the said Interstate Power Company, its success- ors or assigns, shall remove such truss or trusses at its or their own expense and restore such part of said alley as has been occupied thereby to the condi- tion it was in prior to the construction of said truss. 198 Regular Session, September 3rd, 1940. Section Four. This ordinance shall be in farce and effect ten (10) days from and after its final passage, adop- tion and approval by the City Council and publication as provided by law, and the rights herein shall accrue to said Interstate Power Company, its success- ors or assigns, when the provisions hereof shall have been accepted and fully complied with. Passed upon first and second read- ings this 9th day of August, 1940. Passed, adopted and approved upon final reading this 3rd day of Septem- ber, 1940: F. W. THOMPSON, Mayor FRANK VAN DURLMAN, ALB$RT WHARTON, B. A. SCHUTaLL>aR, GI;O. R. MURPHY, Councilmen Attest: J. J. SH13A, City Clerk. ACCEPTANCE The Interstate Power Company, its successors or assigns, hereby accepts and agrees to all of the terms, provi- sions and conditions of the Ordinance adopted by the City Council of the City of Dubuque, designated as: "An Ordinance Granting to Interstate Power Company of Dubuque, Iowa, Its Successors or Assigns, the Right to Construct and Maintain a Truss or Trusses Across the Alley Between Sec- ond and Third Streets and Main and Iowa Streets, Near the Julien Hotel, and $xtending From a Pole on the West Side of Said Alley to a Pole on the East Side of said Alley, and Pre- scribing the Conditions of such Per- mit;" this 9th day of September, 1940. INT$RSTATI; POW$R COMPANY By C, l:. DOVI+a, District Manager. Published officially in the Telegraph- Herald newspaper this 10th day of September, 1940, J• J. SH)aA, 9-10-1t. City Clerk, Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. August 22, 1940, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With regard to the petition of Dr, and Mrs. J. C, Pickard and Mr. and Mrs. Dudley S. Thomas, requesting va- cation of all the streets and alleys in subdivision known as "part of Clifton, a subdivision of Mineral Lot-133 in the City of Dubuque, Iowa," the Planning and Zoning Commission respectfully recommends the granting of the peti- tion in consideration of the following: (1) The conveying to the City by petitioner of the ]and including the east half of Wartburg Place described as: "Beginning at a point 11022' north of the center of Section 3S, Township 89 N. R. 2 ~. of the 5th P. M., thence north 726', thence south 77 degrees east 25.66 ft., thence south 54523 ft., thence along a 357' radius curve concave east- erly and parallel to center line of ce- ment pavement of Wartburg Place 180.68 feet, thence west 73.44 feet, to point of beginning, which is part of Wartburg Place and the entrance to Sunset Ridge, City of Dubuque, Iowa." (2) That petitioners provide an 18 foot right-of way along the southern border for the benefit of the owner of Lot 134. (3) That petitioners pay all expenses (advertising, recording, etc.) to which the City is put in changing the Zoning Ordinance. Respectfully submitted, R. V. McKAY, Secretary Planning and Zoning Commission. Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be re- ceived and made a matter of record and that the City Solicitor be instructed to prepare the proper proceedings. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton, Nays-None, August 22, 1940, To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Referring to the petition of Dubuque Dock Commission dated August 3, 1940, referred by you to the Planning and Zouiug Commission for report and recommendation, the Planning and Zoning Commission recommends that the petition be granted providing prop- er arrangements are made by the City authorities to carry out the conditions of the agreement between the City and Adjourned Regular Session, September 3rd, 1940, 199 Allison- Henderson Memorial Commis- sion whereby the Allison-Henderson ,~orperty was originally conveyed to the City of Dubuque. Respectfully submitted, R, V. NIcKAY, Secretary, Planning and Zoning Commission. Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. September 3, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; This is to advise that I have ap- proved the following bonds and desire to have your approval on same for filing: Personal Louis F. Fautsch, Police Judge, The Aetna Casualty and Surety Co. $dward M, Tschirgi, Accountant, Wa- ter Department, Bond No. 14982, Mass. Bonding & Ins. Co, Excavation Richard J. Burke, 130 West 13th Street, American Banding Co. of Baltimore, Respectfully submitted, A. A. RHOMBIaRG, City Manager, Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton, Nays-None, August 1, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The termof J. H. Schiltz as a mem- ber of the Board of Zoning Adjustment has expired, It will be necessary for the Council to make an appointment for the five year term to expire March S, 1945. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Wharton moved that J. H. Schiltz be re-appointed as a mem- ber of the Board of Zoning Adjustment for a five year term, said term expiring March 5, 1945. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. September 3, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; ' Pursuant to your instructions of July 15th, copies of the reports of the Inter- state Power Company showing Reve- nues and $xpenses and Rates of Re- turn of the ];lectric and Bus Trans- portation Service in the City of Du- buque during the calendar years of 1938 and 1939 were forwarded to our consultants, Canavan and bang, for analysis and report, Herewith submitted is the report of Canavan and bang embodying their recommendations. I recommend that the report be referred to the Council for consideration and that a meeting be arranged between the Council and the officials of the Interstate Power Com- pany for the purpose of discussing the question of rates, Respectfully submitted, A. A. RHOMB~RG, City Manager, Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. - August 10th, 1940, To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and the City Wa- ter Department for the month of July, 1940, also a list of claims and list of payrolls for which warrants were drawn during the month of July, 1940, Respectfully submitted, A. A, RHOMBI;RG, City Manager. Councilman Van Duelman moved that the reports be received and placed ou file. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, August 16, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the Council held August 5th, 1940, the petition of Klauer Manufacturing Company requesting the 200 Adjourned Regular Session, September 3rd, 1940. permission to construct the following: a loading platform with canopy over the same on the east side of Washing- ton Street south of East Ninth Street; three steps with canopy over them on the south side of East Ninth Street into their new office; and an under- ground fuel oil tank beneath the side- walk on the south side of East Ninth Street, was referred to the Council to view the grounds. On August 12th the Council viewed the site and decided to grant the peti- tion. Herewith submitted is an ordin- ance prepared by the City Solicitor em- bodying such grant, Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Van Duelman moved that the decision of the City Council be confirmed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Ordinance No. 20-40. An Ordinance granting to Klauer Manufacturing Com- pany, its successors and assigns, the right to construct and maintain a load- ing platform with canopy over it on the East side of Washington Street, South of East Ninth Street, adjacent to City Lot 509; Three steps on the sidewalk on the South side of 1•ast Ninth Street with canopy over same entering the building of the Klauer Manufacturing Company and fuel oil tank under side- walk on the South side of East Ninth Street and East of Washington Street; prescribing the conditions of such per- mit and declaring an emergency, pre- sented and read, Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None' Coun- cilman Van Duelman moved that the rules be suspended requiring an ordi- nance to be read on three separate days, Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton, Nays-None, The ordinance was then read a second time, Councilman Van Duelman moved that the reading just had be considered. the second read- ing of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adop- tion. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, August 12, 1940. Honorable Mayor and Members of the City Council, City of Dubuque: Gentlemen: With reference to the claim filed by Mrs. Chris Leslein on behalf of Donald Leslein, I have investigated this matter and find that Donald Leslein fell on the sidewalk of the property occupied by his folks at 610 West Locust Street, Dubuque, Iowa, From my investiga- tion I am of the opinion that there is no liability and that this claim should be denied, I am returning herewith the claim heretofore filed. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor, Councilman Van Duelman moved that the recommendation of City Solici- tor Kintzinger be approved and that the claim be ordered disallowed, Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None, Ordinance No. 21-40. An Ordinance providiug for the vacation of all streets and alleys situated in "Part of Clifton, a Subdivision of Mineral Lot 133 in the City of Dubuque, Iowa, except that part thereof constituting Wartburg Place and the entrance to Sunset Ridge, City of Dubuque, Iowa, said excepted area being more particularly described as follows: Beginning at a point 1102.2' north of the center of Section 3S, Town- ship 89 North, Range 2 East of the Sth P. M., thence north 726', thence south 77 degrees East 25,66', thence south S4S,23', thence along a 3S7' radius curve concave easterly and parallel to center line of cement pavement of Wartburg Place (formerly Fremont Avenue) 180.68' thence west 73.44' to point of beginning; also for the conveyance of said vacated areas to Ethel Grotkin, John C. Pickard, Marjorie M. Pickard, Dudley S. Thomas and Sarah J, Thdm- as; reserving to the City of Dubuque easement eight feet in width for sewer along north boundary and south boun- dary of said Mineral Lot 133 in the City of Dubuque, Iowa; and providing that said grantees will not obstruct, dis- turb or interfere with the natural drain- age of surface water from Wartburg Place down along the north boundary and south boundary of said Mineral Lot 133; and declaring an emergency, pre- sented and read. Councilman Van Adjourned Regular Session, September 3rd, 1940. 201 Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Coun- cilman Van Duelman moved that the rules be suspended requiring an ordin- ance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Wharton, Nays-None, The ordinance was then read a second time. Councilman Van Dueltnan moved that the reading just had be considered the second reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk far public inspection for at least one week before its final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None, Resolution No. 86-40. Be It Resolved by the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relattng to the sale of cig- arettes 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 John A. Armstrong, 398 Main Street. F, H. Lenstra, 127 West Sixth Street, Be It Further Resolved, That the bonds filed with the application be ap- proved. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Passed, adopted and approved this 3rd day of September, 1940. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Schueller, Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 87-40. 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 of the City of Dubuque that the following ap- plicatoins be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name Address George Nordin and Rose Nordin, 1105 Julien Avenue. Mrs. Viola Grode, 1643 Central Avenue. John A. Hochberger and William Hochberger, 1701 Asbury Street. Frank Spielman and Geraldine Spiel- man, 1654 Central Avenue. Patrick R. Kennedy and Minnie Ken- nedy, 2412 Central Avenue. Alois 0. Weitz and Nellie M. Weitz, 201 East 22nd Street. John A. Armstrong and Harriett M. Armstrong, 398 Main Street. Gust Billis, 60S Main Street. F. H, Lenstra, 127 West Sixth Street, Mrs. Florence Berwick (Transfer of address from 400 Iowa Street), 198 Main Street. Class "B" Permit for Private Club Dubuque bodge No. 3SS, Loyal Order of Moose, 1379 Central Avenue. Class " G" Permit Tenenbom Super-Market, Inc., 630 Lo- cust Street. Passed, adopted and approved this 3rd day of September, 1940. F, W. THOMPSON, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, B. A, SCHUELLER, GEO. R. MURPHY, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote; Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Resolution No. 88-40. Whereas, heretofore applications were filed by the within named appli- cants for Beer Permits and have re- ceived the approval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected 202 Adjourned Session, September 3rd, 1940. and found to comply with the ordin- ances 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 George Nordin and Rose Nordin, 1105 Julien Avenue. Mrs. Viola Grode,1643 Central Avenue. John A, Hochberger and William Hochberger, 1701 Asbury Street. Frank Spielman and Geraldine' Spiel- man, 1654 Central Avenue. Patrick R. Kennedy and Minnie Ken- nedy, 2412 Central Avenve. Alois 0. Weitz and Nellie M. Weitz, 201 $ast 22nd Street. John A. Armstrong and Harriett M. Armstrong, 398 Main Street. Gust Bil(is, 605 Main Street. F. H. L,enstra, 127 West Sixth Street. Mrs. Florence Berwick (Transfer of address from 400 Iowa Street), 198 Main Street, Class "B" Permit For Private Club. Dubuque bodge No. 355, Loyal Order of Moose, 1379 Central Avenue. Class "C" Permit Tenenbom Super-Market, Inc., 630 Lo- cust Street. Be It Further Resolved, that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of Septemebr, 1940. F, W, THOMPSON, Mayor, FRANK VAN DU$LMAN, AI,B)aRT WHARTON, B. A. SCHUl:•I,I,BR, G>3O. R. MURPHY, Councilmen, Attest: J. J. SH$A, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. J. J• Sx1;A, City Clerk. Approved _______________________1940. ~dopted ________________________1940. Councilmen: 1________________-._---- Attest: -----------------------------~ City Clerk. Special Session, September 6th, 1940. Clf~ ~O1111C1~ (Official) Special Session, September 6th, 1940. Council met at 8:20 P, M. Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Murphy and Schueller. Mayor Thompson read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for approval Resolution No, 89-40. A reso- lution awarding the contract for the construction of an eight-inch vitriled the sanitary sewer in Concord and Coates Streets and Fremont Avenue, to the Thomas Flynn Coal Company, they being the lowest bidders, and act- ing on any other business as may prop- erly come before a regular meeting of the City Council. Communication of Lena Fett, with attached statement of Doctor bill in the amount of $20.50, stating that she fell on a defective sidewalk on 12th and Main Street, presented and read. City Solicitor Kintzinger advising Council that he had made an investigation of this claim and recommended that the claim be allowed in the amount of $20.50. Councilman Wharton moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor to be instructed to draw a warrant in the amount of $20,50 in favor of Lena Fett as settlement in full of her claim, said warrant to be deliv- ered upon the execution of a proper re- lease by Lena Fett. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Petition of Mrs. )ialsie Recker re- questing arefund on her cigarette per- mit as she has sold and discontinued her business, presented and read. Coun- cilman Murphy moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Mrs, ];lsie Recker to cover the amount of refund granted on her cigarette permit. Sec- . onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Murphy, 'I Schueller, Van Duelman, Wharton, ~ Nays-None. ~Counci] Proceedings for the month of ~, July, 1940, presented for approval. Councilman Van Duelman moved that 203 the Council Proceedings for the month of July, 1940, be approved as printed. Seconded by Councilman Wharton, Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- ply, Schueller, Van Duelman, Whar- ton, Nays-None. Resolution No. 89-40. A resolution awarding contract for the construction of an eight inch vitrefied the sanitary sewer in Concord Street from the pres- ent wet wall in Concord Street and Marion Street to the center of Coates Street and in Coates Street from the center of Concord Street to the west curb line of Fremont Avenue and in Fremont Avenue from the center of Coates Street about four hun- dred and seventy-four feet southerly, presented and read, Councilman Mur- phy moved that the resolution be ap- proved and ordered placed on file with the form of contract for public inspec- tion 'for at least one week. Seconded by Councilman Wharton. Catried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. There being no further business, Councilman Van Duelman moved to adjourn, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. J. J. SH$A, City Clerk, Approved ______________________1940. Adopted ________________________1940. Councilmen: 3 _______________________ Attest: ------------------------------ City Clerk. 204 Special Session, September 13th, 1940. City Council (Official.) Special Session, September 13th, 1940, Council met at 8:20 P, M. Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Van Duelman and Wharton. Mayor Thompson read the ca(1 and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption Resolution No, 89-40, a resolution awarding the contract for the constructimr of an eight inch vitri- fied the sanitary sewer in Concord and Coates Streets and in Fremont Avenue to Thomas Flynn Coal Company and acting on any other business as may properly come before a regular meeting of the City Council. Resolution No. 89-40. A resolution awarding the contract for the construc- tion of an eight inch vitrified the sani- tary sewer in Concord Street from the present wet well in Concord Street and Marion Street to the center of Coates Street and in Coates Street from the center of Concord Street to the west curb lice of Fremont Avenue and in Fre- mont Avenue from the center of Coates Street about four hundred and seventy- four feet southerly, said resolution hav- ing been approved on September 6th, 1940, and ordered placed on file for pub- lic inspection for one week, presented and read. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Senior High School re- questing permission to stretch a banner across Main Street between the Du- buque Building and the building of the Fitzpatrick Sporting Goods Company, this permission to extend over the en- tire football season from September 16, through November 1S, presented and read. Councilman Schueller moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Mrs. Lena Ryder by Mrs, Libby Goodman requesting cancellation of the 1939 taxes on the North / of Lot 308 East Dubuque Addition, as- sessed to Rose Urbach, presented and read. Counlilman Murphy moved that the petition be referred to the City So- licitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of July, 1940, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, 1Vharton. Nays-None. September 10, 1940. To th.e Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Water De- partment and the City Recreational Di- rector for the month of August,, 1940, also a list of claims and list of payrolls for which warrants were drawn during the month of August, 1940. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Ordinance No. 20-40. An Ordinance granting to Klauer Manufacturing Com- pany, its successors and assigns, the right to construct and maintain a load- ing platform with canopy over it on the East side of Washington Street, South of East Ninth Street, adjacent to City Lot 509; Three steps on the sidewalk on the South side of East Ninth Street with canopy over same entering the building of the Klauer Manufacturing Company and fuel oil tank under the sidewalk on the South side of East Ninth Street and East of Washington Street; prescribing the conditions of such permit and declaring an emergen- cy, said ordinance having been passed upon first and second readings on Sep- tember 3rd, 1940, and ordered placed on file with the City Clerk for public in- spection for at least one week before its final adoption, presented and read a third time. Special Session, September 13th, 1940. 205 ORDINANCE N0.20.40. An Ordinance Granting to Klauer Manufacturing Company, Its Success- ors and Assigns, the Right to Construct and Maintain A Loading Platform with Canopy Over It on the East Side of Washington Street, South of East Ninth Street, Adjacent to City Lot 509; Three Steps on the Sidewalk on the South Side of East Ninth Street with Canopy over Same Entering the Build- ing of the Klauer Manufacturing Com- pany and Fuel Oil Tank Under Side- walk on the South Side of East Ninth Street and East of Washington Street; Prescribing the Conditions of Such Per- mit and Declaring an Emergency. BN IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 886, Section One. That I{loner Manufacturing Company, its successors and assigns be, and it is hereby granted the right and authority to construct and maintain a loading platform not exceeding eleven (11) feet in width on the East side of Washing- ton Street, South of East Ninth Street adjacent to City Lot 509. Paragraph 887. Section Two. That said Company, its successors and as- signs, be, and it is hereby granted the right and authority to construct three steps on the sidewalk on the South side of East Ninth Street with a canopy thereover, entering the building of said Company. Paragraph 888. Section Three. That said Company, its successors and as- signs, be, and it is hereby granted the right and authority to construct and maintain a fuel oil tank under the side- walk on the South side of East Ninth Street and East of Washington Street, Paragraph 889. Section Four. That such loading platform and canopy, steps and canopy and fuel oil tank shall be constructed under the direction and su- pervision of the City Manager and Building Inspector, Paragraph 890. Section Five. It is understood and provided that the right and permission to use and occupy such portions of such streets and sidewalks for the purposes herein stated is sub- ject to the continuous control of the City Council of the City of Dubuque, reserving the right to said City Council to impose restrictions or conditions up- on the enjoyment thereof as may be reasonably necessary for the protection of the public interest including the right to revoke and rescind any and all of such rights and permission if at any time the public interest should require such revocation. Paragraph 891. Section Six. As a further consideration for the rights and privileges hereby granted, said Klauer Manufacturing Company, its successors and assigns, shall assume all liability for damages to persons or property which might result from the construc- tion and maintenance of the structures herein authorized, and said Klauer Manufacturing Company, at its own ex- pense; agrees to defend any and all claims and actions which may be brought against the City because of the structures herein referred to, and should the City be required to pay any amount for damages because thereof, the Klauer Manufacturing Company agrees to reimburse the City therefor, and shall hold the City of Dubuque harmless from any and all such dam- age, Paragraph 892. Section Seven. Should the rights and privileges herein granted be rescinded or revoked, said Klauer Manufacturing Company, its successors and assigns at its own expense and up- on the receipt of reasonable notice, shall remove the structures herein au- thorized and restore the streets and/or sidewalks to as good condition as they were in before such structures were constructed. Paragraph 893. Section Eight. This ordinance being deemed urgent and in the interest of the public welfare shall become effective upon its final passage, adoption and approval by the City Council and publication as provided by law, and the rights hereunder shall ac- crue to Klauer Manufacturing Com- pany, its successors and assigns, when this ordinance has been accepted by said Company, which acceptance shall be endorsed hereon, and when the cost and expense of publishing the same has been paid by said Company. Passed upon first and second read- ings this 3rd day of September, 1940. Passed, adopted and approved upon final reading this 13th day of Septem- ber, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELI`IAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. 206 Special Session, September 13th, 1940. ACCEPTANCE OF ORDINANCE No. ZO-40 Klauer Manufacturnig Company, having knowledge of all the terms and conditions of Ordinance No. 20-40, does hereby accept Ordinance No, 20-40 as adopted by the City Council of the City of Dubuque on the 13th day of Septem- ber, 1940, and agrees to comply with all the terms and conditions therein set forth. Signed this 14th day of September, 1940. KI,AUER MANUFACTURING COMPANY By B. F. KI,AU$R, Vice President. Published officially in the Telegraph- Heraldnewspaper this 20th day of Sep- tember, 1940. J. J. SHIaA, 9-20-1t, City Clerk, Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton, Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Ordinance No. 21-40, An Ordinance providing for the Vacation of all streets and alleys situated in "Part of Clifton, a Subdivision of Mineral I,ot 133 in the City of Dubuque, Iowa, except that part thereof constituting Wartburg Place and the entrance to Sunset Ridge, City of Dubuque, Iowa, said excepted area being more particularly described as follows: Beginning at a point 1102.2, feet North of the center of Section 3S, Township 89 North, Range 2 East of the 5th P. M., thence North 726', thence South 77 degrees laast 25.66', thence South 545.23', thence along a 3S7' radi- us curve concave laasterly and Parallel to center line of cement pavement of Wartburg Place (formerly Fremont Avenue) 180.68', thence West 73.44' to point of beginning ;also for the con- veyance of said vacated areas to $thel Grotkin, John C. Pickard, Marjorie M. Pickard, Dudley S. Thomas and Sarah J. Thomas; reserving to the City of Dubuque easement eight feet in width for storm sewer along North boundary and South boundary of said Mineral I,ot 133 in the City of Dubuque, Iowa; and providing that said grantees will not obstruct, disturb or interfere with the natural drainage of surface water from Wartburg Place down along the North Boundary and South boundary of said Mineral I,ot 133; and declaring an emergeny, said ordinance having been passed upon first and second read- ings on September 3rd, 1940, and or- dered placed on file with the City Clerk for public inspection for at ]east one week before its final adoption,,presented and read a third time. ORDINANCE NO. 21.40. An Ordinance Providing for the Va- cation of all streets and alleys situated in "Part of Clifton, a Subdivision of Mineral I,ot 133 in the City of Du- buque, Iowa, except that part thereof constituting Wartburg Place, and the entrance to Sunset Ridge, City of Dubuque, Iowa, said excepted area be- ing more particularly described as fol- lows: Beginning at a point 1102,2' north of the center of Section 35, Town- ship 89 North, Range 2 ];ast of the 5th P. M., thence north 726', thence south 77 degrees ]:ast 25.66', thence south S4S23', thence along a 3S7' radius curve concave easterly and paralle( to center line of cement pavement of Wartburg Place (formerly Fremont Avenue) 180.68' thence west 73.44' to point of beginning; also for the conveyance of said vacated areas to l;thel Grotkin, John C. Pickard, Aarjorie M, Pickard, Dudley S. Thomas and Sara J. Thom- as; reserving to the City of Dubuque easement eight feet in width for storm sewer along north boundary of said Mineral I,ot 133 in the City of Du- buque, Iowa; and providing that said grantees will not obstruct, disturb or in- terfere with the natural drainage of sur- face water from Wartburg Place down along the north boundary and south boundary of said Mineral I,ot 133; and declaring an emergency, WH$R~AS, the subdivision known as "Part of Clifton, a Subdivision of Mineral I,ot 133, in the City of Du- buque, Iowa," is situated in a residen- tial district of the City of Dubuque, Iowa, as delimited by the zoning map of said city and as the streets and al-„ leys within said sub-division are not' needed for street or alley purposes and the vacation thereof will not injure, damage or interfere with the use of or accessibility to private property situ- ated within said district and WH$REAS, in the event of the va- cation of the streets and alleys located in "Part of Clifton, a Subdivision of Mineral I,ot 133, in the City of Du- buque, Iowa, except that part constitut- ing Wartburg Place and the entrance to Sunset Ridge, City of Dubuque, Iowa, the said lathel Grotkin, Jahn C. Pickard, Marjorie M. Pickard, Dudley S. Thomas and Sara J. Thomas agree to convey a right of way easement 18 feet in width along the south boundary of said Mineral I,ot 133, City of Du- buque, Iowa, to the legal owners, their Special Session, September 13th, 1940. 207 heirs, successors and assigns, of Min- eral I,ot 134, City of Dubuque, Iowa, subject to the easement reserved by the City of Dubuque, Iowa, as hereinafter provided, and further agree not to dis- turb, obstruct or interfere with the natural drainage of surface water from Wartburg Place down and along the south boundary and north boundary of said Mineral I,ot 133, in the City of Dubuque, Iowa, and further agree that the City of Dubuque, Iowa, may re- serve to itself easements for storm sewers 8 feet in width along the north boundary and the south boundary of said Mineral I,ot 133, City of Dubuque, Iowa; and WH$R$AS, the Planning and Zon,: ing Commission of the City of Du- buque, Iowa, has examined into the advisability of vacating all the streets and alleys in "Part of Clifton, a Sub- division of Mineral I,ot 133, City of Dubuque, Iowa, except that part con- stituting Wartburg Place and the en- trance to Sunset Ridge, and has rec- ommended to this Council that such vacation be made; NOW THI+aR$- FORI;, B$ IT ORDAIN$D BY TH$ CITY COUNCII, OF TH13 CITY OF DUBUQU$: Par. 894. Section One. That 'At- lantic Street (also known as Pacific Street), Clifton Street, Lull Street+ $agle Street (also known as k'alcod Street) the alley running northerly and southerly between Atlantic Street (also known as Pacific Street) and bull Street through the platted block bound- ed on the west by Eagle Street (also known as Falcon Street) and bounded on the east by Clifton Street: Tremont Street, except that part forming a part of Wartburg Place (formerly Fremont Avenue) and the entrance to Sunset Ridge, said exception being more par- ticularly described as follows: Begin- :ring at a point 1102.2' north of the cen- ter of Section 3S, Township 89 North, Range 2 IJast of the Sth P. M.,thence north 726', thence south 77 degrees east 25.66', thence south 54523', thence along a 3S7' radius curve concave easterly and parallel to center line of cement pavement of Wartburg Place (formerly Fremont Avenue) 180.68', thence west 73.44' to point of beginning, all of the foregoing streets and alleys being situ- ated in "Part of Clifton, a Subdivision of Mineral I,ot 133, City of Dubuque, Iowa," be and the same are hereby va- cated for their entire length, except as otherwise provided above, all of said streets being situated exclusively with- in said Mineral I,ot 133. Par. 895. Section Two. That in consideration of the sum of $1.00, the receipt whereof is hereby acknowledged, and other valuable considerations, said vacated streets and alleys be and the same are hereby granted and conveyed to $thel Grotkin, John C. Pickard, Marjorie M. Pickard, Dudley S. Thom- as and Sara J. Thomas, their heirs, suc- cessors and assigns, the City of Du- buque, Iowa, reserving to itself ease- ments eight feet in width for storm sewers along the north boundary and south boundary of said Mineral I,ot 133, and upon the express understanding that the aforesaid grantees will convey a right of way easement eighteen feet in width along the south boundary of Mineral I,ot 133, City of Dubuque, Iowa, to the owners, their heirs, suc- cessors and assigns, of Mineral I,ot 134, City of Dubuque, Iowa, said easement to be subject to the storm sewer ease- ment reserved by the City of Dubuque, Iowa, as aforesaid, and upon the fur- ther understanding and agreement that the aforesaid grantees, their heirs, suc- cessors and assigns, will not obstruct, disturb or interfere with the natural drainage of surface water from Wart- burg Place down and along the north boundary and south boundary of said Mineral I,ot 133. Par. 896. Section Three. That the said grantees be and they are hereby authorized and directed to cause a plat of vacation to be made and filed for rec- ord showing the vacation of all streets and alleys located within Mineral Dot 133, City of Dubuque, Iowa, except that part thereof constituting Wartburg Place and the entrance to Sunset Ridge, which is specifirally deslribed as follows; Beginning at a point 11022' North of the center of Section 35, Township 89 North, Range 2 Bast of the 5th P. M., thence North 726', thence south 77 degrees east 25,66', thence south S4S.23', thence along a 3S7' radius curve concave easterly and parallel to center line of cement pavement of Wartburg Place (formerly Fremont Avenue) 180,68', thence west 73.44' to point of beginning, whereupon the City of Dubuque, Iowa, will convey the va- cated areas of Mineral I,ot 133 to said grantees by quit claim deed, said quit claim deed to describe the property as Mineral I,ot 133, except that part con- stituting Wartburg Place and the en- trande to Sunset Ridge, which is de- scribed mare particularly as follows: Beginning at a point 1102.2' North of the renter of Section 3S, Township 89 North, Range 2 1+•ast of the 5th P. M., thence north 726', thence south 77 de- grees east 25.66', thence south S4S.23', thence along a 357' radius curve con- cave easterly and parallel to center line of cement pavement of Wartburg Place (formerly Fremont Avenue) 180.68', thence west 73.44' to point of begin- ning, and the Mayor and Clerk of said City are hereby authorized to execute said deed on behalf of the City of Du- buque. 208 Special Session, September 13th, 1940. Par, 897. Section Four. That the Clerk of the City of Dubuque, Iowa, be and he is hereby directed to file in the office of the Recorder of Dubuque County, Iowa, certified copy of this Ordinance, Par, 898. Section Five, That this Ordinance, being deemed urgent and in the interest of the public welfare, shall be in force and effect immediately upon its final passage, adoption and ap- proval by the City Council and publica- tion as provided by law, and when the same has been accepted by Ethel Grot- kin, John C. Pickard, Marjorie M. Pickard, Dndley S, Thomas and Sara J. Thomas, which acceptance shall be endorsed hereon, and when the costs and expense of publishing the same has been paid by the aforesaid persons. Passed upon first and second read- ings this 3rd day of September, 1940, Passed, adopted and approved upon final reading this 13th day of Septem- ber, 194D. F. Vd. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Acceptance of Ordinance No. 21.40. Resolution No. 90-40. Be It Resolved by the City. Coun- cil of the City of Dubuque that the following, having complied with the provisions of ]aw relating to the sale of cigarettes within the City of Du- buque, be granted a permit to sell cig- arettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Frank Spielman (to be effective ]0-1- 40) 1654 Central Avenue, Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 13th day of September, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Ethel Grotkin, John C. Pickard, Mar- jorie M, Pickard, Dudley S. Thomas and Sara J. Thomas, having knowl- edge of all the terms and conditions of Ordinance No. 21-40, do hereby accept Ordinance No. 21-40 as adopted by the City Council of the City of Dubuque on the 13th day of September, 1940, Signed this 2nd day of October, 1940. ETHEL GROTKIN SARA J. THOMAS JOHN C. PICKARD MARJORIE M. PICKARD DUDLEY S. THOMAS Published officially in the Telegraph- Herald newspaper this 3rd day of Oc- tober, 1940, J. J. SHEA, 10-3-1t. City Clerk, Councilman Murphy moved the adop- tion of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Resolution No. 91-40. Whereas, heretofore application was filed by the within named appplicants for Class "B" Beer Permit and has 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 Roy A. Wright and Esther M. Wright (Transfer of address from 2600 Cen- tral Avenue), 2600 Jackson Street. Be It Further Resolved, that the bond filed by such applicants be and the same is hereby approved. Special Session, September 13th, 1940. 109 Passed, adopted and approved this 13th day of September, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B, A. SCHUELL>aR, 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 Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Murphy moved that J. J. Shea, City Clerk, be appointed Acting Manager during the absence of City Manager Rhomberg from'the City. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None, There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. J. J. SH1aA, City Clerk. Approved ______________________1940. Adopted ________________________1940. ---------------------- ---------------------- Councilmen: ______________________ Attest: ---------------- ---------- City Clerk.