1940 December Council Proceedings238
Regular Session, December 2nd, 1940
239
C ity G o u nci 0
(Official.)
Regular Session, December 2nd, 1940.
Council met at 8:15 P, M,
Present-Mayor Thompson, Council-
men Murphy, Schueller, Van Duelman,
Wharton, City Manager Rhomberg.
Mayor Thompson stated that this is
the regular monthly meeting of the
City Council for the purpose of acting
upon such business as may properly
come before the meeting,
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Council
Chamber, who wishes to do so, to ad-
dress the Council, Seconded by Coun-
cilman Van Duelman, Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Ivfurphy, Schueller,
Van Duelman, Wharton. Nays-None.
Notice of Claim of Mrs. Robert J.
Brown in the amount of $200,00 for in-
juries sustained in a fall at the inter-
section of Walnut Street and Jefferson
Street, presented and read. City So-
licitor Kintzinger advised 'Council that
au investigation had been made of this
claim and would recommend that the
claim be denied. Councilman Wharton
moved that the recommendation of City
Solicitor Kintzinger be approved and
the claim ordered disallowed. Seconded
by Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Notice of Amended Claim of Frank
Carter, Administrator of the Estate of
pulia Carter, deceased, 'Claimant, in the
amount of $4,650.00 for injuries sus-
tained by the said Julia Carter in a fall
on a defective sidewalk in the 700 block
on Dodge Street, presented and read.
Councilman Van Duelman moved that
the Notice of Amended Claim be re-
ferred to the City Solicitor for investi-
gation and report. Seconded by Coun-
cilman Wharton, Carried by the fol-
lowing vote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
Resolution No. 111-40.
Resolution and Application for
Permanent Transfer of Funds.
Whereas, An emergency tax levy was
made by the City Council of the City of
Dubuque for use in supplementing the
funds required for debt service during
the fiscal year beginning April 1, 1940,
and ending March 31, 1941, upon au-
thority and approval of the State
Comptroller; and
Whereas, As of the 1st of November,
1940, there were cash balances in the
Grading Fund of $6,837.42 and in the
Improvement Fund of $6,449.38; and
Whereas, There is now in the hands
of the City Treasurer and credited to
the Emergency Fund the sum if $26,-
620.07, which is available for transfer to
the Grading and Improvement Funds
above referred to for debt service; and
Whereas, On November 1, 1940, Gra-
ding 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
$2,025.00 plus Improvement Bond
Interest in the amount of $4,162,50 be-
came due and payable; and
Whereas, In order to pay the obliga-
tions due it is necessary to make trans-
fers of $12,025.00 from the Emergency
Fmtd to the Grading Fund and of $14,-
162.50 from the Emergency Fund to the
Improvement Fund; and
Whereas, Before any transfer can be
made from the Emergency Fund to
any other fund, an application must be
made to the State Comptroller far au-
thority to make the transfer and his
approval secured thereon; Now, There-
fore, 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 are hereby transferred
fi•om the Emergency Fund the sum of
$12,025.00 to the Grading Fund and the
sum of $14,162.50 to the Improvement
Fund, and the State Comptroller is
hereby petitioned to authorize and ap-
prove such transfers; Be It Further
Resolved, That upon the approval of
such transfer the Auditor of the City
of Dubuque is directed to adjust his
books accordingly and to notify the
treasurer of such transfers, and such
notification shall be accompanied by a
copy of this resolution and the record
of its adoption.
The resolution was passed, adopted
and approved by unanimous action of
the City Council of the 26th day of No-
vember, 1940, and all members thereof
signed their names thereto.
;•. W. THOMPSON, Mayor,
FRANK VAN DUEI.MAN,
ALBERT WHARTON,
B. A. SCHUEI,LER,
GEO. R. MURPHY,
Councilmen.
Attest: J.J. SH)•A, City Clerk.
240 Regular Session, December 2nd, 1940.
The foregoing resolution and applica-
tion having been filed with the State
- Comptroller, the transfer requested is
approved this 27th day of November,
1940. '
C. FRED PORT$R,
State Comptroller.
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Councilman Van Duelman moved
that the approval of State Comph~oller
Porter be received and placed on file.
Seconded by Comncilman Schueller.
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Resolution No. 112'-40.
Resolution and Application for
Permanent Transfer of Funds,
IVhereas, On November 1, 1940, Im-
provement Bonds in the amount of
$30,000.00 matured and Improvement
Bond Interest in the amount of $4,-
162.50 became due and payable; and
Whereas, There is now in the hands
of the City Treasurer and credited to
the Improvement Fund the sum of
$6,449.38 which is to be supplemented
by a transfer of $14,162.50 from the
1•mergency Fund; and
Whereas, as of the 1st of November,
1940, thet•e were balances of $40,761.48
in the Water Works General Fund and
of $141,459.15 in the Water Works
Sinking Fund; and
Whereas, no Water Works Bonds
nor Interest are due and payable during
the remainder of the current fiscal
year, and $40,000.00 in bonds,
and $S,17S.00 in interest become due
and payable during th.e succeeding year,
and therefore, the requirements of Sec-
tion 6151.1 of the Code of Iowa 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 General
Fund to any other fund, an application
must be made to the State Comptroller
for authority to make the transfer and
his approval secured thereon; Now,
Therefore, Be It
Resolved, By the City Council of the
City of Dubuque that, subject to the
approval of the State Comptroller, there
be and there is hereby transferred from
the Water Works General Fund
to the Improvement Fund, the
sum of $20,000.00, and the State
Comptroller is hereby petitioned to au-
thorize and approve such transfer; Be
It Further
Resolved, That upon the approval of
such transfer the Auditor of the City of
Dubuque is directed to adjust his books
accordingly and to notify the Treasurer
of such transfer and such notification
shall be accompanied by a copy of this
resolution and the record of its adop-
tion.
The resolution was passed, adopted,
and approved by unanimous action of
the City Council on the 26th day of
November, 1940, and all membet•s
thereof signed their names thereto.
F. W. THOMPSON, Mayor.
FRANK VAN DUFLMAN,
ALBIrRT WHARTON,
B. A. SCHUTaLL>:R,
GI+aO. R. MURPHY,
Councihnen.
Attest: J. J. SHI;A, City Clerk.
The foregoing resolution and appli-
cation having been filed with the State
Comptroller, the transfer requested is
approved this 27th day of November,
1940.
C. FRFD PORT$R,
State Comptroller.
Councilman Van Duelman moved
that the approval of State Comptroller
Porter be received and placed on file.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Communication of the National In-
stitute of Municipal Law Officers re-
questing that the City of Dubuque send
City Solicitor Kintztnger as the city's
representative to the national confer-
ence to be held on December S, 6 and
7, 1940, at Washington, D. C., presented
and read. Councilman Wharton moved
that City Solicitor Kintzinger be au-
thorized to attend the conference of
the National Institute on Municipal
Law Officers to be held December S, 6
and 7, 1940, at Washington, D, C., the
expenses of said trip to be borne by
the City of Dubuque. Seconded by
Councilman Van Duelman. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Petition of Board of Dock Commis-
sioners requesting that their former pe-
tition be withdrawn in which they re-
quested the vacation of certain streets
and alleys in Dubuque Harbor Im-
provement Company's Addition and al-
so in which they requested the Council
Regular Session, December 2nd, 1940. 241
to designate some other park in the
City to be,called the Allison-Henderson
Memorial Park, in lieu of the property
set aside for this purpose in Dubuque
Harbor Improvement Company's Ad-
dition presented and read. Councilman
Wharton moved that the request be
granted. Seconded by Councilman Van
Duelman, Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Petition of Board of Dock Commis-
sioners requesting the vacation of the
following streets and alleys presented
and read: Tower Street from Right
of Way of Dubuque and Dunleith
Bridge Company to north side of the
alley opposite Block 8 and loot 5 in
Block 1 in Dubuque Harbor Improve-
ment Company's Addition; Bell Street
from Right of Way of Dubuque and
Dunleith Bridge Company to north side
of the alley opposite Bloclc 8 and Block 9
in Dubuque Harbor Improvement Com-
pany's Addition; Market Street from
Right of Way of Dubuque and Dun-
leith Bridge Company to north side of
Commercial Street and east / of Mar-
ket Street from the north line of Com-
mercial Street to center line in alley in
Blocks 9 and 12, Dubuque Harbor Im-
provement Company's Addition; Com-
mercial Street from point opposite the
west line of Lot 11 in Block 13 Du-
buque Harbor Improvement Company's
Addition to east line of Blocks 1 and 2
in Dubuque Harbor Imporvement
Company's Addition; River Street from
line between east line of Lot 4 in Block
13 and east line of Lot 16 in Block 17,
Dubuque Harbor Improvement Com-
pany's Addition to Right of Way of
Dubuque and Dunleith Bridge Com-
pany; the Diagonal Street from Com-
mercial Street to Right of Way of Du-
buque and Dunleith Bridge Company;
Alley in Block 7, Dubuque Harbor Im-
provement Company's Addition; Alley
in Block 10, Dubuque Harbor Improve-
ment Company's Addition; South / of
Alley in Block 8, Dubuque Harbor Im-
provement Company's Addition; South
I/ of Alley in Block 9, Dubuque Har-
bor Improvement Company's Addition;
North / of Alley in Block 13, Dubuque
Harbor Improvement Company's Addi-
tion; South / of Alley in Block 13, Du-
buque Harbor Improvement'Company's
Addition opposite Lots 1, 2 and 3,
Councilman Murphy moved that the
petition be referred to the Planning
and Zoning Commission for their rec-
ommendation and report. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None,
Petition of McNamara Grocery et al,
merchants in the 1000 block on Julien
Avenue remonstrating against the
changing of the name of Julien Avenue
to University Avenue, presented and
t•ead. Dr, D. D, Welsh, president of
the University of Dubuque addressed
the Council requesting that the name of
Julien Avenue together with Delhi
Streeet from the intersection of Au-
burn and Delhi Streets to city limits be
changed to University Avenue and stat-
ed that if the name of Julien Avenue
was not changed to University Avenue
it would destroy the purpose of the
change as requested in their petition.
Councilman Wharton moved that the
petition be received and filed. Seconded
by Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Petition of A. );. Keen et al request-
ing that Bluff Street ];xtension be im-
proved to such an extent that it can be
used for vehicle transportation, present-
ed and read. Councilman Murphy
moved that the petition be referred to
the Council to view the grounds. Sec-
onded by Councilman Van Duelman,
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Murphy,
Schueller, Van .Duelman, Wharton.
Nays-None,
Council Proceedings for the month of
September, 1940, presented for approv-
al. Councilman Van Duelman moved
that the Council Proceedings for the
month of September, 1940, be approved
as printed. Seconded by Councilman
printed, Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Proof of publication, certified to by
the publishers, of a statement of re-
ceipts and also a list of claims for
which warrants were drawn during the
month of October, 1940, presented and
read, Councilman Wharton moved
that the proof of publication be received
and filed. Seconded by Councilman
Van Duelman. Carried by the follow-
ing vote: Yeas-Mayor Thompson,
'Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
Report of Park Commissioners from
April 1, 1939, to April 1, 1940, present-
ed. Councilman Murphy moved that
the report of the Park Commissioners
be referred to the Council, Seconded
by Councilman Schueller. Carried by
the following vote: Yeas -Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
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242
Session, December 2nd, 1940.
December 2, 1940.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
This is to advise that I have ap-
proved the following policies and de-
sire to have your approval on same for
filing;
Taxi-Cab
Yellow Cab Company, 9th and Iowa
Streets, North Centro] Mutual Auto
Ins. Ass'n., Policy No. 26036,
Excavation
Frank G. Braconier, 1091 Julien Ave-
nue, London Guarantee & Accident
Co., I,td., Policy No. YM1S09.
Archie Levan, 2239 Central Avenue,
The Western Casualty & Surety Co.,
Policy No. 11~I&C19SS7.
Curtis-Straub Company, 1069 Main St.,
General Accident Fire & Life Assn.
Corp., Ltd., Policy No. MC538S96.
Respectfully submitted,
A. A. RHOMBERG,
City Manager
Councilman Murphy moved that the
policies be approved and placed on file.
Seconded, by Councilman Schueller.
Carried by the following vote: Yeas-
Mayor Thompson, Councilman Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
December 2, 1940.
To the Honorable Mayor and
City Council. Dubuque, Iowa,
Gentlemen-At the session of the
Council held August 5th, 1940, the peti-
tion of Edwin C. Kuehnle requesting a
refund of the interest and penalties on
special sewer assessment for Lot 113 of
Finley, Waples and Barton's Addition
was referred to the City Manager for
investigation and report.
I have searched the records and find
the lot in question was assessed for the'
West Dubuque Sewer in December 22,
1930, in the amount of $97.23. Two in-
stallments were paid in 1931 and 1932.
Nothing was paid thereafter until Au-
gust 3, 1940, when the delinquent as-
sessments were paid to effect the pri-
vate sale of the lot.
The assessments have been paid in
the usual manner and there appears to
be no reason for granting any refund. I,
therefore, recommend that the petition
be received and filed.
Respectfully submitted,
A, A. RHQMBI;RG,
City Manager,
Councilman yon Duelman moved
that the recommendation of City Man-
ager Rhomberg be approved. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas -Mayor
Thompson, Couttciltnen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
December 2, 1940.
To the Honorble Mayor and
City Council, Dubuque, Iowa.
Gentlemen-At the session of the
Council held October 21st, 1940, the pe-
tition of Edwin C. Kuehnle requesting
a refund of interest and penalties ou
special sewer assessment for Lot 1 of 1
of the East % of Lot 10 of Sister's Ad-
dition was referred to the City Man-
ager and City Treasurer for investiga-
tion and report.
We have examined the records and
find that the lot in question was as-
sessed for the West Dubuque Sewer on
Decetber 22, 1930, in the amount of
$94.12. The first five installments were
paid. On September 27, 1940, the five
delinquent assessments were paid so
that the property might be sold.
We find uo justification for granting
a refund and, therefore, recommend
that the petition be received and filed.
Respectfully submitted,
A. A. RHOMBERG,
'City Manager.
OTTO F .PULS,'
City Treasurer.
Councilman Van Duelman moved
that the recommendation of City Man-
ager Rhomberg and City Treasurer
Puls be approved. Seconded by Coun-
cilman Schueller. Carried by the fol-
lowing vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
December 2, 1940.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentleten-I hereby certify that the
work of constructing an eight inch
sanitary sewer in Concord Street from
Marion Street to Coates Street and in
Coates Street from Concord Street to
Fremont Avenue and in Fremont Ave-
nue frotn Coates Street four hundred
seventy-four feet southerly under the
contract bearing date of September 14,
1940, by and between the Thomas
Flynn Coal Co. and the City pf Du-
buque has been completed according to
the terms, conditions and stipulations
of said contract, and in every way com-
plies with the same and With the plans
and specifications for said improvement.
I further certify that said improve-
ment as constructed embraces the fol-
lowing materials and work:
Regular Session, December 2nd, 1940. 243
16921inea] feet of 8" sewer
Pipe @ $1,00---------------$1,692.00
33 Y branches 8" x 8" @ $2.50 82,50
7 manholes @ $90,00_________ 630,00
10.1 sq. yds, asphalt pave-
ment @ $2.50__________-- 2525
804.5 sq. ft. concrete side-
walk @ .12________________ 96.54
Total due contractor________$2,52629
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, publishing notices and
resolutions __________________$100.92
Interest for S2 days @ 6°fo----- 21,94
Making total cost of said
improvement ______________$2,649.15
I recommend the acceptance of the
work by the City Council.
Respectfully submitted,
A. A. RHOMBERG,
City Manager,
Councilman Van Duelman moved
that the recommendation of City Man-
ager be approved. Seconded by Coun-
cilman Wharton. Carried by the fol-
lowing vote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
Resolution No. 114-40. A resolution
accepting the improvement and direct-
ing the Clerk to publish notice of the
intention of the City Council to levy a
special assessment and directing the
City Treasurer to pay the contractor
with certificates for the construction of
an eight (8) inch vitrified the sanitary
sewer in Concord Street from the pres-
ent wet well in Concord Street and
Marion Street to the center of Coates
Street and in Coates Street from the
center of Concord Street to the west
curb line of Fremont Avenue and in
Fremont Avenue from the center of
Coates Street about four hundred and
seventy-four feet southerly, presented
and read. Councilman Van Duelman
moved the adoption of the resolution.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Resolution No. 115-40.
Whereas, Lot 3 of St. Raphael Addi-
tion in the City of Dubuque, Dubuque
County, Iowa, was sold on January 2,
1939, 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 1935 to 1937 inclusive, and
Whereas, the said Dubuque County,
Iowa, desires to sell the above describ-
ed real estate to Bess K, Kies, for
$20.00, and
Whereas, The sale of said property
by Dubuque County, Iowa, to Bess K,
Kies for a sum less than the total
amount stated in the Tax Sale Certifi-
cate including all endorsements of sub-
sequent 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 Bess K. Kies for
the sum of $20.00, in cash be and the
same is hereby authorized and ap-
proved.
Passed, adopted and approved this
2nd day of December, 1940.
F. W. THOMPSON, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R, MURPHY,
Councilmen.
Attest: J. J. SH1aA, City Clerk.
Councilman Wharton moved the
adoption of the resolution. Seconded
by Councilman Murphy, Carried by
the following vote: Yeas -Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton,
Nays-None.
Resolution No. 116-40.
Whereas, Lot 4 of the Subdivision of
hots 131 and 132 of Union Addition in
the City of Dubuque, Dubuque County,
Iowa, was sold on February 3, 1936, to
Dubuque County, Iowa, by the County
Treasurer of Dubuque County, Iowa,
for delinquent taxes and unpaid taxes
against the real estate for the year
1925 to 1934 inclusive, and
Whereas, The said Dubuque County,
Iowa, desires to sell the above de-
scribed real estate to Frank Riniker for
$100.00 and
Whereas, The sale of said property
by Dubuque County, Iowa, to Frank
Riniker for a sum less than the total
amount stated in the Tax Sale Certifi-
cate including all endorsements of sub-
sequent genera] taxes, interests and
costs requires the written approval of
a majority of all the tax levying and
tax certifying bodies having any tnter-
est in said general taxes; Now, There-
fore, Be It
Resolved, By the City Council of the
City of Dubuque, Iowa, that the sale
244 Re,u(ar Session; December 2nd, 1940. ~ Regular Session, December 2nd, .1940. 245
of said property to Frank Riniker for
the sum of $100.00, iit cash, be and the
same is hereby authorized and ap-
proved.
Passed, adopted and approved this
2nd day of December, 1940.
F. IV. THOIvIPSON, Mayor,
FRANK VAN DUELMAN,
ALBERT 1VHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Councilman 1ldurphy moved the adop-
tion of the resolution. Seconded by
Councihnan Wharton. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Resolution No, 117-40.
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
Francis X. Page, 73-75 East 4th Street.
John Luber and Anna Luber, 2417
Rhomberg Avenue.
Peter J. Kress, 41 West 7th Street.
Passed, adopted and approved this
2nd day of December, 1940.
F, IV. 'I'HO11fPSON, 114ayor.
FRANK VAN DUELnfAN,
ALBERT 1VHARTON,
B. A. SCHUELLER,
GEO. R. 1~IURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the following vote; Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Resolution 118-40.
1Vhereas, 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 City Council of the
City of Dubuque that the 141anager be
ahd he is hereby directed to issue to
the following named persons a Beer
Permit.
Name Address
Class "B" Permit
Francis X. Page, 73-75 East 4th Street.
John Luber and Anna Luber, 2417
Rhomberg Avenue.
Peter J, Kress, 41 West 7th Street.
Be It Further Resolved, That the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
2nd day of December, 1940.
F, 1V. 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 Wharton. Carried by
the following vote: Yeas -Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Ordinance No, 23-40. An Ordinance
grouting to the Telegraph-Herald, its
successors and assigns, the right to
construct and maintain a Canopy over
the entrance to the Radio Station on
the Southeast corner of Eighth Avenue
and Bluff Street, and Fuel Tank under
the sidewalk on the West side of said
building, and prescribing the conditions
of such permit, presented and read.
Councilman Murphy moved that the
reading just had be considered the first
reading of the ordinance. Seconded by
Councilman Van Duelman. Carried by
the following vote: Yeas -Mayor
Thompson, Councilman 111urphy,
Schueller, Van Duelman, Wharton.
Nays-None. Councilman Van Duel-
man moved that the rules be suspended
requiring an ordinance to be read on
three separate days. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Niayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
The ordinance was then read a second
time. Councilman Van Duelman moved
that the reading just had be considered
the second reading of the ordinance.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Mayor Thompson, Councilman Mur-
phy, Schueller Van Duelman, Whar-
ton. Nays-None. Councilman Van
Duelman moved that the ordinance be
placed on file with the City Clerk for
public inspection for at ]east one week
before its final adoption. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Thomp-
sau, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Councilman Schueller requested that he
desired to be placed on record as in
favor of inserting in grants and placing
in the ordinance covering the same a
clause ordering the depositing with the
City of Dubuque a public liability policy
insuring the City of Dubuque against
any and al] damages to person and/or
property which might result from the
construction and maintenance of struc-
tures where combustible material is be-
ing stored on City property or where
any person, firm or corporation wishes
to use City property for private use.
Ordinance No. 24-40. An Ordinance
amending an Ordinance entitled "Ordi-
nance Number 99 changing the names
of Streets and Avenues within the City
of Dubuque," by changing the name of
West Fourteenth Street to Loras Boul-
evard, presented and read. Councilman
Van Duelman moved that the reading
just had be considered the-first reading
of the ordinance. Seconded by Coun-
cilman Wharton. Carried by the fo]-
lowingvote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, 1Vhartou. Nays-None.
Councilman Van Duelman moved that
the rules be suspended requiring an
ordinance to be read on three separate
days. Seconded by Councilman Whar-
ton. Carried by the following vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
Wharton. Nays-Noce. 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. Second-
ed by Councilman Wharton. 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
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Thomp-
son, Counclimen Murphy, Schueller,
Van Duelman, Wharton. Nays-None,
Ordinance No. 25-40. An Ordinance
amending an Ordinance entitled "Ordi-
nance Number 99 changing the names
of Streets and Avenues within the City
of Dubuque," by changing the name of
Julien Avenue and Delhi Street com-
mencing at Auburn Street west to the
City Limits to the name of University
Avenue, presented and read. Council-
man Vau Duelman moved that the
reading just had be considered the first
reading of the ordinance. Seconded by
Cotncilman Wharton. Carried by the
fallowing vote: Yeas-Mayor Thomp-
son, Councilmen Schueller, Van Duel-
man, Wharton Nays -Councilman
Murphy, Councilman Van Duelman
moved that the rules be suspended re-
quiring an ordinance to be read on
three separate days. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
The ordinance was then read a second
time. Councilman Van Duelman moved
that the reading just had be considered
the second reading of the ordinance.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
Ivlayor Thompson, Councilmen Schuel-
ler, Van Duelman, Wharton, Nays-
Councilman Murphy. Councilman Van
Duelman moved that the ordinance be
placed on file with the City Clerk for
public inspection for at least one week
before its final adoption. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Councilman Murphy requested that
the record show that the reasons why
he was opposed to the adoption of Or-
dinance No. 25-40, providing for the
changing of the name of Julien Avenue,
were for sentimental reasons and that
if the Council at some future time
wished to change the name of some
other street to Julien Street or Avenue
he would then be in favor of changing
the name of the present Julien Avenue,
There being no further business,
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Wharton, Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
J. J. SHEA,
City Clerk.
Approved _______________________1941.
Adapted ________________________1941.
Councilmen: ~_______________________
Attest: -----------~•------------------
City Clerk.
~_
~_
~_
246
Session, December 18th, 1940.
City Council
(Official)
Special Session, December 18th, 1940.
Council met at 8:15 P, M,
present-Mayor Thompson, Council-
men Murphy, Schueller, Van Duelman,
Wharton, City Manager Rhomberg.
Meeting called by order of Council-
men Schueller and Murphy.
Mayor Thompson read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of considering
applications for cigarette permits and
acting on any other business as may
properly come before a regular meeting
of the City Council.
Councilman Murphy moved that J. J.
Hail be appointed Clerk of the Council
meeting in the absence of City Clerk
J. J. Shea, who is ill. Seconded by
Councilman Van Duelman. Carried by
the following vote: Yeas -Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton,
Nays=None.
Notice of Claim of Mrs. Merlin Kluclc
in an unstated amount for injuries sus-
tained in a fall at the alley intersection
on Eighth Avenue between the Mont-
gomery Ward Building and the Ro-
shek Bros. Company Building, present-
ed attd read. Councilman Murphy
moved that the Notice of Claim be re-
ferred to the City Solicitor for investi-
gation and report. Seconded by Coun-
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None,
Notice of Claim of Charley S. Duffy
in the amount of $2.86 for labor and ma-
terial in the replacing of two lights of
glass at his residence at 693 Julien
Avenue, said damage being caused by
large jackstones thrown through win-
dows from the City property adjoining
his home, presented and read. Coun-
cilman Wharton moved that the Notice
of Claim be referred to the City So-
licitor for investigation and report. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueler, Van Duelman, Whar-
ton, Nays-None,
Notice of Claim of H. C. Arp in the
amount of $lOS.90 for damages to his
automobile caused in skidding on the
icy pavement and crashing into the
guard rail on Highway No. 61 about
two blocks from the end of the grade
on the Rockdale Road, presented and
read. City Solicitor Kintzinger recom-
mended that the claim be disallowed,
Councilman Murphy moved that the
recommendation of City Solicitor
Kintzinger be approved and the claim
ordered disallowed. Seconded by
Councilman Schueller. Carried by the
follownig vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton, Nays-None.
Communication of George Bennett,
submitting his resignation as City As-
sessor, the same to become effective
December 31st, 1940, presented and
read. Councilman Van Duelman moved
that the resignation be received with
regret. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Communication of Harry J. Hanover
submitting application for appointment
to the office of City Assessor, presented
and read. Councilman Wharton moved
that the communication be reecived and
filed. Seconded by Councilman Van
Duelman, Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Vatt Duel-
man, Wharton. Nays-None.
Commnnication of the Retail Mer-
chants Bureau, expressing thanks to
the City Council for their co-operation
lit connection with the Christmas Pa-
rade held on November 30th, 1940, pre-
sented attd read. Councilman Murphy
moved that the communication be re-
ceived and filed. Seconded by Council-
man Van Duelman, Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Communication of the League of
Iowa Municipalities, submitting for
Council consideration and approval,
copies of bills for exempting cities and
towns from state sales and gasoline
taxes and for switching a levy on city
real estate for county roads to city
streets, said bills to be presented at
the coming session of the legislature,
presented and read. Councilman Whar-
ton moved that the City Manager and
City Solicitor be instructed to contact
Dubuque County's state senator and
state representatives and request them
to support this 1'egislation, Seconded
by Councilman Schueller. Carried by
the following vote: Yeas -Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Petitiion of Dubuque Visiting Nurse
Association requesting permission for
the holding of a Bangle Sale on the
streets of Dubuque an December 14th,
Session, December 18th, 1940, 247
1940, presented and read, City Man-
ager Rhomberg advising Council that
on account of no Council meeting being
scheduled that he had granted permis-
sion for the holding of said Bangle
Sale. Councilman Wharton moved
that the action of City Manager Rhom-
berg in granting the request of the Du-
buque Visiting Nurse Association for
the holding of a Bangle Sale ou De-
cember 14th, 1940, be confirmed. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Councilman Murphy moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to do so, to
address the Council. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-&Iayor Thomp-
son, Councilmen 1~Iurphy, Schueller,
Vau Duelman, Wharton. Na}*s-None.
Mr. Al. Wunder addressed the Council,
requesting suspension of the 1939 taxes
on various pieces of real estate. City
Solicitor advised suspension of the 1939
taxes on various pieces of real estate.
City Solicitor Kintzinger advised Mr.
Wunder to file his application with the
Board of Supervisors. No action taken
by the Council.
Petition of the Martin Oil Company,
requesting permission to erect a com-
bination sign post and flood-light post
in the city boulevard in front of their
filling station at 230 Locust Street, pre-
sented and read. Councilman Van Duel-
man 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 Cora K. Wiegand, re-
ferred to the Cit}' Council by the Board
of Supervisors, requesting suspension
of the 1939 taxes on Southeeast / of
hots 78 and 74 of Cook's Addition, pre-
sented and read. Councilman Murphy
moved that the petition be referred to
the City Solicitor for investigation and
report, Seconded by Councilman Van
Duelman. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None,
Petition of Mrs. G. Waldorf, referred
to the City Council by the Board of
Supervisors, requesting suspension of
the 1939 taxes on I,ot 81 of I,angwor-
thy's Addition, presented and read.
Councilman Murphy moved that the
petition be referred to the City Solici-
tor for investigation 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.
- Grant and Easement.
Know All Men By These Presents:
That in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of I,at 38,
Tschirgi & Schwind's Sub, in the City
of Dubuque, hereby grants and
conveys to said City of Dubuque,
a perpetual right of easement, in,
over and across I,ot 38, Tschir-
gi & Schwind's Sub„ for the
purpose of constructing Storm Sewer,
with the right to go upon said premises
at al] reasonable times for the purpose
of inspecting and repairing the same
when installed; provided, however,
that said City of Dubuque shall replace
whatever earth, sod or shrubbery that
may be disturbed in the installation or
repair of said Storm Sewer to as good
condition as it was in before the same
was disturbed.
This Grant of basement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
attd assigns forever.
ALBERT A. GIEGERICH
BIRDETTA I,. GIEGERICH
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this 10th
day of December, 1940, personally ap-
peared before tne, a Notary Public, in
and for Dubuque County, Iowa, Albert
A. Giegerich and Birdettta 1a. Gieger-
ich, who are personally known to me
and acknowledged that they executed
the foregoing instrument as their vol-
untary act and deed.
GERAI,DINE I,. DEMKIER,
Notary Public in and for
(SEAT,) Dubuque County, Iowa.
Councilman Murphy moved that the
Grant and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Grant and Easement.
Know All Men By These Presents:
That in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of I,ot S6,
Tschirgi & Schwind's Sub., in the City
248 Special Session, December 18th, 1940.
of Dubuque, hereby grants and conveys
to said City of Dubuque, a perpetual
right of easement, in, over and across
said Lot 56, Tschirgi & Schwind's Sub.,
for the purpose of constructing a Storm
Sewer, with the right to go upon said
premises at all reasonable times for the
purpose of inspecting and repairing the
same when installed; provided, how-
ever, that said City of Dubuque shall
replace whatever earth, sod or shrub-
bery that may be disturbed in the in-
stallation or repair of said Storm Sewer
to as good condition as it was iu before
the same was disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, admiinstrators, purchasers
and assigns forever.
WM. V. TOEPEL,
REALTY INVESTORS CORPORA-
TION, By Christ A. Voelker, Pres.,
By Wm. H. Keller, Secy.
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this 10th
day of December, 1940, personally ap-
peared before me, a Notar^ Public, m
and for Dubuque County, Iowa, Wm.
V. Toepel, who is personally known to
me and acknowledged that he executed
the foregoing instrument as his volun-
tary act and deed.
GERALDINE L• DEMKIER,
Notary Public in and for
(SEAL) Dubuque County, Iowa.
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Vau Duel-
tnan, Wharton. Nays-None.
Grant and Easement.
Know All Men By These Presents:
That in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of Lot 20,
Audubon Add. and hots 39, 47, 57, 58
& S9 Bellevue Add., in the City of Du-
buque, hereby grants and conveys to
said City of Dubuque, a perpetualright
of easement, in, over and across said
Lot 20 Audubon Add, and hots 39, 47,
S7, S8 & 59 Bellevue Add., for the pur-
pose of constructing a Sanitary Sewer
and Water Nlain with the right to go
upon said premises at all reasonable
times for the purpose of inspecting and
repairing the same when installed; pro-
vided, however, that said City of Du-
buque shall replace whatever earth, sod
or shrubbery that may be disturbed in
the installation or repair of said Sani-
tary Sewer and Water Main to as good
condition as it was in before the same
was disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever,
VOELKER REALTY CO.,
By Chris. A. Voelker, Secy.
State of Iowa, Dubuque County, ss:
On this 10th day of December, A. D.
1940, before me, Eleanor E. Kolfen-
bach, aNotary Public in and for the
County of Dubuque, State of Iowa, per-
sonally appeared Chris A, Voelker and
Wm. H. Keller, to me personally
known, who being by me duly sworn,
did say each for himself that they are,
respectfully, president and secretary of
Realty Investors Corporation,_the cor-
poration signing the within and forego-
ing instrument; that no seal has been
procured by said corporation, and that
said instrument was signed on behalf of
said corporation by authority of its
board of directors, and the said Chris.
A. Voelker, as such president, and the
said Wm. H. Keller, as such secretary,
acknowledged the execution of said in-
strument to be the voluntary act and
deed of said corporation by it and by
each of said persons as such officers
voluntarily executed.
ELEANOR E. KOLFENBACH,
Notary Public in and for
(SEAL) Dubuque County, Iowa.
Councilman Murphy moved that the
Grant and Easement be accepted and
ordered recorded }vith the 'County Re-
corder. Seconded by Councilman
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this 13th
day of November, 1940, personally ap-
peared before me, a Notary Public in
and for Dubuque County, Iowa, Chris.
A. Voeeker, who is personally known to
me and acknowledged that he executed
the foregoing instrument as his volun-
tary act and deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAL) Dubugue County, Iowa.
Councilman Murphy moved that the
Grant and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller. Van Duel-
man, Wharton, Nays-None.
Grant and Easement,
Know All Men By These Presents:
That, in carsideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of Lot 56,
Bellevue Add., in the City of Du-
buque, hereby grants and conveys to
Special Session, December 18th, 1940, 249
said City of Dubuque, a perpetual right
of easement, in, over and across said
Lot 56 Bellevue Add., for the purpose
of constructing a sanitary sewer and
water with the right to go upon said
premises at all reasonable limes for the
purpose of inspecting and repairing the
same when installed; provided, how-
ever, that said City of Dubuque shall
replace whatever earth, sad or shrub-
bery that may be disturbed in the in-
stallation or repair of said sanitary sew-
er and water main to as good condition
as it was in before the same was dis-
turbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever.
ZITA LENSTRA
WM. LENSTRA
State of Iowa, Dubuque County, ss;
Be It Remembered, That on this 11th
day of December, 1940, personally ap-
peared before me, a Notary Public in
and for Dubuque County, Iowa, Zeta
Lenstra and Wm. Lenstra, who are per-
sonally known to me and acknowledged
that they executed the foregoing in-
strument as their voluntary act and
deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAL) Dubuque County, Iowa,
Councilman Murphy moved that the
Grant and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmna Murphy, Schueller, Van Duel-
man, Wharton. Nays-None,
Grant and Easement,
Know All Men By These Presents:
That, in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of Lot 10
of Sub, of Lot 52, S3, 54 and 5S Belle-
vue Add,, in the City of Dubuque, here-
by grants and conveys to said City of
Dubuque, a perpetual right of easement,
in, over and across said Lot ]0 of Sub.
of Lots 52, 53, S4 and 55 Bellevue Add.,
for the purpose of constructing a Sani-
tary Sewer and Water Main with the
right to go upon said premises at al]
reasonable times for the purpose of in-
specting and repairing the same when
installed; provided, however, that said
City of Dubuque shall replace whatever
earth, sad or shrubbery that may be
disturbed in the installation or repair of
said Sanitary Sewer and Water Main to
as good condition as it was in before
the same was disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever,
OLIVER G, KRINGLE
State of Iowa, Dubuque County, ss;
Be It Remembered, That on this 14th
day of November, 1940, personally ap-
peared before me, a Notary Public, in
and for Dubuque County, Iowa, Oliver
G. Kringle, who is personally known to
me and acknowledged that he executed
the foregoing instrument as his volun-
tary act and deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAL) Dubuque County, Iowa,
Councilman Murphy moved that the
Grant and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None,
Grant and Easement.
Know All Men By These Presents:
That, in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the reeeipt
whereof is hereby acknowledged, the
undersigned being the owner of Lot 1
of Lot S0 and Lot 1 of Lot Sl Bellevue
Add. and Lot 1 of Sub, of Lots 52, S3,
S4 and SS Bellevue Add, in the City of
Dubuque, hereby grants and conveys to
said City of Dubuque, a perpetual right
of easement, in, over and across said
Lot 1 of Lot 50 and Lot 1 of Lot 51
Bellevue Add, and Lot 1 of Sub, of Lots
S2, S3, 54 and SS Bellevue Add. for the
purpose of constructing a Sanitary Sew-
er and Water Main with the right to go
upon said premises at all reasonable
times for the purpose of inspecting and
repairing the same when installed;
provided, however, that said City of
Dubuque shall replace whatever earth,
sod or shrubbery that may be disturbed
in the installation or repair of said san-
itary sewer and water main to as good
condition as it was in before the same
was disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever.
ANNA C. SCHILTZ
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this 9th
day of December, 1940, personally ap-
peared before me, a Notary Public, in
and for Dubuque County, Iowa, Anna
C, Schiltz, who is personally known to
me and acknowledged that she executed
250 Special Session, December 18th, 1940.
the foregoing instrument as her volun-
tary act and deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAL) Dubuque County, Iowa.
Counciltan Murphy moved that the
Grant and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
mau, Wharton. Nays-None.
Grant and Easement.
Know All Meu By These Presents:
That, in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is. hereby acknowledged, the
undersigned being the owner of Lot 1
of Sub. of hots 48 and 49 Bellevue
Add. in the City of Dubuque, hereby
grants and conveys to said Citp of Du-
buque, aperpetual right of easement,
in, over and across said Lot 1 of Sub.
of hots 48 and 49 Bellevue Add. for the
purpose of constructing a Sanitary Sew-
er and Water Main, with the right to
go upon said premises at all reasonable
rimes fot• the purpose of inspecting attd
repairing the same when installed; pro-
vided, however, that said City of Du-
buque shall replace whatever earth,
sod or shrubbery that may be disturbed
in the installation or repair of said
Sanitary Sewer and Water Main to as
good condition as it was in before the
same was disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever.
F. J. LILLIE
ELSIE LILLIE
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this 14th
day of November, 1940, personally ap-
peared before me, a Notary Public, in
and for Dubuque County, Iowa, F. J,
Lillie and Elsie Lillie, who are person-
ally known to me and acknowledged
that they executed the foregoing instru-
ment as their voluntary act and deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAT,) Dubuque County, Iowa,
Councilman Murphy moved that the
Grant and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller, Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton, 1Vays-None.
Grant and Easement.
Know All Men By These Presents:
That, in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of Lot 46,
Bellevue Add., in the City of Dubuque,
hereby grants and conveys to said City
of Dubuque, a perpetual right of ease-
ment, in, over and across said Lot 46,
Bellevue Add., for the purpose of cou-
structing aSanitary Sewer and Water
lYlain, with the right to go upon said
premises at all reasonable times for the
purpose of inspecting and repairing the
same Gvhen installed; provided, how-
ever, that said City of Dubuque shall
replace whatever earth, sod or shrub-
bery that may be disturbed in the in-
stallation or repair of said Sanitary
Sewer and Water main to as good con-
dition as it was in before the same was
disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever.
EDWARD 1V. HORRIG
State of Wisconsin, Ontagamtie Coun-
ty, ss:
Be It Remembered, That on this 4th
day of December, 1940, personally ap-
peared before me, a Notary Public in
and for Ontagannie County, Wisconsin,
Edward W, Horrig, who is personally
known to me and acknowledged that he
executed the foregoing instrument as
his voluntary act and deed.
0. A. HANSEN,
Notary Public in and for
(SEAL) Ontagannie County, Wis-
consin. My Commission Ex-
pires May 25, 1941.
Councilman Murphy moved that the
Grant and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Grant and Easement.
Know A11 Men By These Presents:
That in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, fhe
undersigned being the owner of Lot 4S
Bellevue Add., in the City of Dubuque,
hereby grants and conveys to said City
of Dubuque, a perpetual right of ease-
ment, in, over and across said Lot 4S
Bellevue Add., for the purpose of con-
structing a Sanitary Server and Water
Main with the right to go upon said
Session, December 18th, 1940
premises at all reasonable times for the
purpose of inspecting and repairing the
same when installed; provided, how-
ever, that said City of Dubuque shall
replace whatever earth, sad or shrub-
bery that may be disturbed in the in-
stallation or repair of said Sanitary
Sewer and Water Main to as good con-
dition as it was in before the same was
disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever.
FRANK X, RETTENMAIER
ROSE MUELLER
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this 26th
day of November, 1940, personally ap-
peared before me, a Notary Pubilc, ltt
and for Dubuque County, Iowa, Frank
X. Rettenmaier and Rose Mueller, who
are personally known to me and ac-
knowledged that they executed the
foregoing instrument as their voluntary
act and deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAL) Dubuque County, Iowa.
Councilman Murphy moved that the
Grant and )casement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. 'Carried by the fallowing
vote: Yeas-Ma}ror Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
tnan, Wharton. Nays-None.
Grant and Easement.
Know All Men By These Presents:
That in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of Lot 44,
Bellevue Add., itt the City of Dubuque,
hereby grants and conveys to said City
of Dubuque, a perpetual right of ease-
ment, in, ovet• and across said Lot 44,
Bellevue Add., for the purpose of con-
structing a 5attitary Sewer and Water
Main, with the right to go upon said
premsies at all reasonable times for the
purpose of inspecting and repairing the
same when installed; provided, how-
ever, that said City of Dubuque shall
replace whatever earth, sod or shrub-
bery that may be disturbed in the in-
stallation or repair of said Sanitary
Sewer and Water Main, to as good con-
dition as it was in before the same was
disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever.
PETER P. MUELLER, JR.
251
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this
22nd day of November, 1940, personally
appeared before me, a Notary Public, in
and for Dubuque County, Iowa, Peter
P. Mueller, Jr., who is personally
known to me and acknowledged that
he executed the foregoing instrument
as his voluntary act and deed,
GERALDINE L, DEMKIER,
Notary Public in and for
(SEAL) Dubuque County, Iowa.
Councilman Murphy moved that the
Grout and Easement be accepted and
ot•dered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
mau, Wharton. Nays-None,
Grant and Easement,
Know All Men By These Presents:
That in consideration of $1,00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of Lot 43,
Bellevue Add., in the City of Dubuque,
hereby grants and conveys to said City
of Dubuque, a perpetual right of ease-
ment, in, aver and across said Lot 43,
Bellevue Add., for the purpose of con-
structing a Sanitary Sewer and Water
Main, with the right to go upon said
pt•emtses at all reasonable times for the
purpose of inspecting and repairing the
same when installed; provided, how-
ever, that said City of Dubuque shall
replace whatever earth, sod or shrub-
bery that may be disturbed in the in-
stallation or repair of said Sanitary
Sewer and Water Main to as good con-
dition as it was in before the same was
disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever.
GEORGE HOCHREIN
LOUISA HOCHREIN
WILLIA112 HOCHREIN
HERDIAN HO'CHREIN, Executor
ARTHUR HOCHREIN
GUSTAVE HOCHREIN, Executor
EDWARD HOCHREIN
JOSEPHINE KNABEL
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this 7th
day of December, 1940, personally ap-
peared before me, a Notary Public in
and fm• Dubuque County, Iowa, George
Hochrein, Louisa Hochrein, Willian
Hochrein, Herman Hochrein, Executor,
Arthur Hochrein, Gustave Hochrein,
Executor, Edward Hochrein, and Jo-
252 Special Session, December 18th, 1940. Special Session, December 18th, 1940. 253
sephine Knabel, who are personally
known to me acid acknowledged that
they executed the foregoing instrument
as their voluntary act and deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAL) Dubuque County, Iowa.
Councilman Murphy moved that the
Grant and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Grant and Easement.
Know All Men By Tlhese Presents,
That in consideration of $L00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of loots
41 and 42, Bellevue Add., in the City of
Dubuque, hereby grants and conveys to
said City of Dubuque, a perpetual right
of easemnet, in, over and across said
hots 41 and 42, Bellevue Add., for the
purpose of constructing a Sanitary Sew-
er and Water Main, with the right to
go upon said premises at all reasonable
times for the purpose of inspecting and
repairing the same when installed; pro-
vided, however, that said City of Du-
buque shall replace whatever earth, sod
or sln~ubbery that may be disturbed in
the installation or repair of said Sani-
tary Sewer and Water Main to as good
condition as it was iu before the same
was disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever.
C.F. LILLIE EST.,
By Sydney Haudenshield.
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this 21st
day of November, 1940, personally ap-
peared before me, a Notary Public, in
and for Dubuque County, Iowa, Sydney
Haudenshield, wlto is personally known
to me and acknowledged that he exe-
cuted the foregoing instrument as his
voluntary act and deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAL) Dubuque County, Iowa.
Grant and Easement.
Know All Men By These Presents:
That in consideration of $1.OD in haul
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned being the owner of Lot 40,
Belevue Add., in the City of Dubuque,
hereby grants and conveys to said City
of Dubuque, a perpetual right of ease-
ment, in, over and across said Lot 40,
Bellevue Add., for the purpose of con-
structing aSanitary Sewer and Water
14lain, with the right to go upon said
premises at all reasonable times for the
purpose of inspecting and repairing the
same when installed; provided, how-
ever, that said City of Dubuque shall
replace whatever earth, sod or shrub-
bery that may be disturbed in the in-
stallation or repair of said Sanitary
Sewer and Water Main to as good con-
dition as it was in before the same was
disturbed.
This Grant of Easement shall be
binding upon the undersigned, ltis heirs,
executors, adminstrators, purchasers
and assigns forever.
AUGUSTA MARSH
JOHN MARSH
State of Iowa, Dubuque County, ss:
Be It Remembered, That on this 9th
day of December, 1940, personally ap-
peared before me, a Notary Public in
and for Dubuque County, Iowa, Au-
gusta Nlarsh and John Marsh, who are
personally known to me and acknowl-
edged that they executed the foregoing
instrument as their voluntary act and
deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAT,) Dubuque County, IOGVa.
Councilman Murphy moved that the
Grout and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Due]-
man, Wharton. Nays-None.
Grant and Easement.
Know All Men ,By These Presents:
That in consideration of $1.00 in hand
paid by the City of Dubuque, Iowa, a
municipal corporation, the receipt
whereof is hereby acknowledged, the
undersigned bei~tg the owner of Lot
307, Glendale Add., in the City of Du-
buque, hereby grants and conveys to
said City of Dubuque, a perpetual right
of easement, in, over and across said
Lot 307, Glendale Add., for the purpose
of constructing a Sanitary Sewer and
Water Main, with the right to go upon
said premises at all reasonable times
for the purpose of inspecting and re-
pairing the same when installed; pro-
vided, however, that said City of Du-
buque shall replace whatever earth, sod
or shrubbery that may be disturbed in
the installation or repair of said Sani-
tary Sewer and Water Main to as good
condition as it was in before the same
was disturbed.
This Grant of Easement shall be
binding upon the undersigned, his heirs,
executors, administrators, purchasers
and assigns forever.
ROSEZMUDKA
State of Iowa, Dubuque County, ss;
Be It Remembered, That on this 25th
day of November, 1940, personally ap-
peared before me, a Notary Public in
and for Dubuque County, Iowa, Rose
Zmudka, who is personally known to
me and acknottdedged that she executed
the foregoing instrument as her volun-
tary act and deed.
GERALDINE L. DEMKIER,
Notary Public in and for
(SEAT,) Dubuque County, Iowa.
Councilman Murphy moved that the
Grant and Easement be gccepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Ordinance No. 23-40. An Ordinance
granting to the Telegraph-Herald, its
successors and assigns, the right to
construct and maintain a Canopy over
the entrance to the Radio Station on
the Southeast corner of Eighth Avenue
and Bluff Street, and Fuel Tank under
the sidewalk on the West side of said
building, 'and prescribing the conditions
of such permit, said ordinance having
been passed upon first and second read-
ings on December 2nd, 1940, and or
dered placed on file with the City Clerk
for public inspection for at least one
week before final adoption, presented
and read a third time.
ORDINANCE N0. 23-40.
An Ordinance Granting to the Tele-
graph-Herald, Its Successors and As-
signs, the Right to Construct and
Maintain a Canopy over the Entrance
to the Radio Station on the Southeast
Corner of Eighth Avenue and Bluff
Street, and Fuel Tank under the
sidewalk on the West Side of Said
Building, and Prescribing the Condi-
tions of Such Permit.
Be It Ordained by the 'City Council of
the City of Dubuque:
Section 1. That The Telegraph-Her-
ald, its successors and assigns, be, and
they are hereby granted the right and
authority to construct and maintain a
canopy over the entrance on Eighth
Avenue entering the building of said
company, said building being located on
the southeast corner of Eighth Avenue
and Bluff Street,
Section 2. That said company, its
successors and assigns, be, and they are
hereby granted the right and authority
to construct and maintain a fuel tank
under the sidewalk on the east side of
Bluff Street, west of the building lo-
cated on the southeast corner of Bluff
Street and Eighth Avenue.
Section 3. That such canopy and
fuel oil tank shall be constructed under
the direction and supervision of the
City Manager and Building Inspector.
Section 4. It is understood and pro-
vided that the right and permission to
use and occupy such portions of such
sidewalks for the purpose herein stated
is subject to the continuous control of
the City Council of the City of Du-
buque, reserving the right to said City
Council to impose restrictions and con-
ditions upon the enjoyment thereof, as
may be reasonably necessary for the
protection of the public interest, includ-
ing the right to revoke and rescind any
and all of such rights and permissions
if at any time the public interest should
so require.
Section S. As a further consideration
for the rights and privileges hereby
granted said Telegraph-Herald, its suc-
cessors and assigns, shall and hereby
does assume all liability for damages to
persons or property which might re-
sult from the construction and main-
tenance of the structures herein author-
ized, and said Telegraph-Herald, its
successors and assigns, at its own ex-
pense hereby 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 Telegraph-Herald does hereby
agree to reimburse the City therefor,
and hold the City of Dubuque harm-
less from any and all such damages.
Section 6. Should the rights and
privileges herein granted be rescinded
or revoked, said Telegraph-Herald, its
successors and assigns, at its own ex-
pense and upon the receipt of 30 days
notice, shall remove the structures
herein authorized and restore the side-
walks to as good condition as they were
in before such structures were con-
structed.
Councilman Murphy moved that the
Grant and Easement be accepted and
ordered recorded with the County Re-
corder. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
This Ordinance shall be in force and
effect ten (10) days from and after its
final passage, adoption and approval by
254
Session, December 18th, 1940.
the City Council, and publication as
provided by law, and the rights herein
shall accrue to said Telegraph-Herald,
its successors and assigns, when the
provisions heerof shall be accepted and
fully complied with, and when the costs
and expenses of publication of the same
has been paid for by said company.
Passed upon first and second read-
ings this 2nd day of December, 1940.
Passed, adopted and approved upon
final reading this 18th day of Decem-
ber, 1940.
F. W, THOMPSON, Mayor.
FRANK VAN DUElaI•TAN,
ALBERT WHARTON,
B. A. SCHUEI,LER,
GEO. R. MURPHY,
Councilmen
Attest: J. J. SHEA,
City Clerk.
ACCEPTANCE OF ORDINANCE
N0.23-40.
The Telegraph-Herald having knowl-
edge of all the terms and conditions of
Ordinance No. 23-40, does hereby ac-
cept Ordinance No. 23-40, as adopted,
by the City Council of the City of Du-
buque, on the 18th day of December,
1940, and agrees to comply with all of
the terms and conditions therein set
forth.
Signed this 30th day of December,
1940.
TH$ TELEGRAPH-HERALD,
By F, W. Woodward.
Published officially in The Telegraph-
Herald newspaper, January 3rd, 1941.
J. 7. SHEA,
1-3-1T City Clerk.
Councilman Vau 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. 24-40. An Ordinance
amending an Ordinance entitled "Or-
dinance Number 99 changing the names
of Streets and Avenues within the City
of Dubuque," by changing the name of
West Fourteenth Street to I,oras Bou-
levard, said ordinance having been
passed upon first and second readings
on December 2nd, 1940, and ordered
placed on file with the City Clerk for
public inspection for at ]east one week
before final adoption, presented and
read a third time.
ORDINANCE N0. 24-40.
An Ordinance Amending an Ordinance
entitled "Ordinance Number 99
Changing the Names of Streets and
Avenues within the City of Du-
buque," by changing the name of
West Fourteenth Street to I,oras
Boulevard.
Be It Ordained by the City Council
of the City of Dubuque:
1. That ordinance entitled "Ordi-
nance Number 49, An ordinance chang-
ing the names of streets and avenues
within the City of Dubuque," be and
the same is hereby amended so that
hereafter the name of Nest Fourteenth
Streeet, be, and the same is hereby
changed to I,oras Boulevard.
2. That upon final passage and
adoption of this ordinance, a copy
thereof shall be certified and filed with
the County Recorder and County Audi-
tor of Dubuque County, Iowa, and be
entered of record in the Recorder's
Office in accordance with the law.
3. This ordinance shall be in force
and effect ten days from and after its
final passage by the City Council and
publication as provided by lav,=.
Passed upon first and second read-
ings this 2nd day of December, 1940.
Passed, adopted and approved upon
final reading this 18th day of Decem-
ber, 1940.
F. \~~. THOMPSON, Ivia}=or.
FRANK VAN DUEI.I.IAN,
ALBERT WHARTON,
B. A. SCHUEI,I,ER,
G$0. R. MURPHY,
Councilmen.
Attest: j, J. SHEA,
Citv Clerk.
Published officially in the Telegraph-
Herald newspaper, December 31st,
1940,
J• J• sxEA,
12-31-1t City Clerk.
Councilman Van Duelman moved the
adoption of the ordinance. Seconded
by Councihnan Wharton. Carried by
the following vote: Yeas -Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None,
Ordinance No. 25-40. An Ordinance
amendnig an ordinance entitled "Ordi-
nance Number 99 changing the names
of Streets and Avenues within the City
of Dubuque," by changing the names of
Julien Avenue and Delhi Street com-
Special Session, December 18th, 1940. 255
mencing at Auburn Street West to the
City Limits to the name of University
Avenue, said ordinance having been
passed upon first and second readings
on December 2nd, 1940, and ordered
placed on file with the City Clerk for
public inspection for at least oen week
before final adoption, presented and
read a third time,
ORDINANCE N0.25-40.
An Ordinance Amending an Ordinance
Entitled "Ordinance Number 99
Changing the Names of Streets and
Avenues within the City of Du-
buque;" by changing the name of Ju-
lien Avenue and Delhi Street com-
mencing at Auburn Street west to the
City Limits to the name of University
Avenue,
Be It Ordained by the City 'Council of
the City of Dubuque:
1. That ordinance entitled "Ordi-
nance Number 99, An Ordinance
changing the names of streets and ave-
nues within the City of Dubuque," be,
and the same is hereby' amended so that
hereafter the name of Tulien Avenue
and Delhi Street beginning at Auburn
Street west to the City Limits of the
City of Dubuque, be and the same is
hereby changed to University Avenue.
2. That upon final passage and
adoption of this ordinance, a copy
thereof shall he certified and filed with
the County Recorder and County Aud-
itor of Dubuque County, Iowa, and be
entered of record in the Recorder's Of-
fice in accordance with the law,
3. This ordinance shall be in force
and effect ten days from and after its
final passage by the City Council and
publication as provided by law.
Passed upon first and second read-
ings this 2nd day of December, 1940.
Passed, adopted and approved upon
final reading this 18th day of December,
1940.
F. W. THOMPSON, Mayor.
FRANK VAN DUE~MAN,
ALBERT WHARTON,
B. A. SCHUEI,I,ER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in the Telegraph-
Herald Newspaper, December 31st,
1940.
J. J. SHEA,
12-31-It City Clerk
Councilman Van Duelman moved the
adoption of the ordinance. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas -Mayor
Thompson, Councilmen Scheeler, Van
Duelman, Wharton. Nays-Council-
man Murphy,
Councilman Murphy moved that the
City Manager be instructed to have
I,oras Boulevard and University Ave-
nue properly marked. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
December 10, 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,
City Water Department and City Re-
creational Department for the month
of November, 1940, also a list of claims
and List of payrolls for which warrants
were drawn during the month of No-
vember, 1940.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the reports be received and placed
ou file. Seconded by Councilman
Wharton. Carried by the following
vite: Peas-Mayor Thompson, Coun-
cilman Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Resolution No. 119-40.
Be It Resolved, By the City Council
of the City of Dubuque that the fol-
lowing, having complied wtih the pro-
visions of law relating to the sale of
cigarettes within the City of Dubuque,
be granted a permit to sell cigarettes
and cigarette papers within said City
and the Manager is directed to issue
such permit ou behalf of said City.
Name Address
J. G. Corbett (effective 1-1-41) 1500
Central Avenue.
Frank Reis (effective 1-1-41) S09
Eighth Avenue.
Be It Further Resolved, That the
bonds filed with the applications be ap-
proved.
Passed, adopted and approved this
18th day of December, 1940.
F. W. THOMPSON, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUEI,LER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
256 Special Session, December 18th, 1940.
Councilman Van Duelman moved
the adoption of the resolution, Second-
ed by Councilman Wharton. .Carried
by the following vote: Yeas -Mayor
Thompson, Cowtcilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Notice of Claim of Katharine A. Met-
tel in the amount of $2,500.00 for in
juries sustained in a fall at the North-
west corner of the Intersection at East
21st Street and Jackson Street, pre-
sented and read. Councilman Wharton
moved that the Notice of Claim be re
ferred to the City Solicitor for investi-
gation and report. Seconded by Coun-
ciiman Van Duelman. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Petition of John R. I,ee submitting
an offer of $20.00 per lot and requesting
the City Couucilto consider and accept
this offer as a compromise settlement
of the special assessments levied
against I,ot 26 and I,ot 27 in Quigley's
Subdivision of North part of Mineral
I,ot 157, presented and read. Council-
man 1Vhartou moved that the City
Treasurer be authorized to accept the
amount of $20.00 oer lot as settlement
in full of the special assessments levied
against hots 26 and 27 in Quigley's
Subdivision of North part of Mineral
I,ot 1S7 for the construction of a sani-
tarry sewer and that the County Treas-
urer be notified to strike these special
assessments from the records. 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 Frank M. Kelly request-
ing the City Council to consider and
accept the offer of One Dollar in full
compromise and payment of the special
assessments levied against I,ot 1 of 2
of 1 of 1 of Mineral I,ot 67 levied for
the improvement of Dodge Street and
for the installation of Boulevard lights,
presented and read, Councilman Whar-
ton moved that the City Treasurer be
authorized to accept the amount of
$25.00 as seettlement in full of the spe-
cial assessments levied against I,ot 1
of 2 of 1 of 1 of Mineral I,ot 67 for the
improvement of Dodge Street and for
the installation of Boulevard lights and
that the County Treasurer be notified
to strike these special assessments from
the records. Seconded by 'Councilman
Van Duelman. Carried by the follow-
ing vote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
December 17, 1940.
Honorable Mayor and Members of the
City Council,. City of Dubuque, Iowa.
' Gentlemen-I am returning herewith
Petition for Suspension of Taxes filed
by Cora K .Wiegand asking that the
1939 tax ou
Southeast one-half of hots 78 and
79 Cook's Add., City of Dubuque,
Dubuque County, State of Iowa,
be suspended because of infirmity.
I recommend that the Petition be ap-
proved by. the Council and that the
Board of Supervisors be notified of said
action,
Respectfully submitted,
JOHN J, KINTZING$R,
City Solicitor,
Councilman Schueller moved that the
recommendation of City Solicitor
Kintzinger be approved and that the
petition of Cora K. Wiegand requesting
suspension of the 1939 taxes on the
Southeast one-half of hots 78 and 79 of
Cook's Addition be granted and that
the Board of Supervisors be notified of
the action of the City Council. Sec-
onded by Councilman Murphy, Carried
by the following vote: Yeas -Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None,
December 17, 1940.
Honorable Mayor and Members of the
City Council, City of Dubuque, Iowa.
Gentlemen-I am returning herewith
Petition for Suspension of Taxes filed
by Mrs. G. Waldorf, asking that the
1939 tax on
I,ot No. 81, I,angworthy's Addition
be suspended because of age and in-
firmity,
I recommend that the Petition be ap-
proved by the Council and that the
Board of Supervisors be notified of said
action.
Respectfully submitted,
JOHN J, KINTZING$R,
City Solicitor.
Councilman Schueller moved that the
recommendation of City Solicitor
Kintzinger be approved and the pe-
tition of Mrs, G. Waldorf request-
ing suspension of the 1939 taxes
ou I,ot 81 of I,angworthy's Addi-
tion be granted and that the Board of
Supervisors S~ notified of the action of
the City Council. Seconded by Coun-
cilman Murphy. Carried by the follow-
ing vote: Yeas-Mayor _ Thompson,
Councilmen Murphy, Schuetler, Van
Duelman, Wharton. Nays-None.
Councilman Van Duelman moved
that Harry J. Hanover be appointed as
City Assessor to fill the unexpired term
Special Session, December 18th, 1940. 257
of George Bennett, said appointment
to commence January 1st, 1941. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None,
Councilman Van Duelman moved
that Carl A. Clark be appointed as
Deputy Assessor to succeed Harry J.
Hanover, said appointment to com-
mence January 1st, 1941. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas=Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton: Nays-None,
Councilman Murphy moved that a
rising vote of thanks be extended by
the City Council to George Bennett, the
retiring City Assessor, Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Councilman Schueller moved that
City Manager Rhomberg be instructed
to send an appropriate letter to the
Secretary of the Chamber of Commerce
congratulating them on the noble effort
they are making to bring the J. P.
Smith Shoe Industry to the City of Du-
buque and also tTiat a copy of said let-
ter be sent to the J. P. Smith Shoe
Company. Seconded by Councilman
Van Duelman. Carried by the follow-
ing 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
Wharton, Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None,
J. J. SH>aA,
City Clerk,
Approved ______________________1941.
Adopted ________________________1944.
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Councilmen: _________________._____
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Attest: -----------------------------•
City Clerk.