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Y Roll_31 Part 176 Regular Session, March 5, 1914 A1,1. Singrin moved that the City Recorder be instructed to advertise for the purchase of a Fire Horse, same to be purchased Wednesday, March 11, 1514, at 10:00 o'clock. Carried. Ald. Heim moved that the Chairman of the Board of Health be given power to purchase fire extinguishers for the Detention Hospital. Carried. Ala. Frith moved that the City En- ginecr be instructed to measure all macadam broken in the City and re- porc back to the Council. Carried. Dubuque, Iowa, ALlu ch 3, 1914. I To the Honorable 'mayor Council. (,entlemen: The Board met it regular session ME C'nairman Andresen in t' P3(-sent—Mayor Lyons, Laughlin, Citizens R. F Fosselman, Sanitary Offl AssiFtant City Attorney N �b.ent—Dr. Kennedy ani �1'nutes of the meeting 5. 1914, read and on motion I.augblfn were approved. BIDS. Lids for the care of th I?o,,pital. Bid of J. E. R( taking care of small pox f(ver patients, from 1 to $3.50 per clay; from 6 to day; over 10 patients, $4 For taking care of Diphthe from 1 to 6, $4.50 per dad-; from 6 to 10 patients, $5.00 per day; over 10 pati Cnts, $5.25 per day. For taking care of Detention Hospital, $5.00 per month and $1.00 per day for provisions. On motion of Aid. McLaughlin the contract was awarded to J. E. Robin- san. I:esolution of the State Board of Health relative to the sanitary condl- tions and surveys of Health Officers presented and read. On motion of Ald. McLaughlin the resolution was received and filed. Aid. McLaughlin moved that the matter of procuring report blanks for use, it reporting venerial diseases be :eft in. the hands of the City Doctor and Clerk of the Board of Health with power to purchase same. Carried. on motion of Aid. McLaughlin the nill of Levina Walters in the sum of $36.00 for rent and care of Myrtle Haze, a scarlet fever patient, was re- turned to her to procure proper signa- tuire. motion otion of Aid. McLaughlin- the bill of J. O. M�cPake in the sum of $12.06 for rent of house used by s re- Beimett, a smallpox patient, was ceived and filed. Alci. McLaughlin moved that the bill of R. Kolck in the sum of $36.00 for services rendered as a member of the ;pard of Health be paid and a war - ant' in the sum of $36.00 be ordered raw'n to cover the same. Carried. On motion of Aid. McLaughlin the ollowing bills were sent to the County or rayment: Z. ,%I. Hoffman ...................$ 5.24 �. B. Schneider .................. 28.38 :. 1-t. Schneider .................. 100.38 inion Electric Co . ............... 6.02 E. Robinson ................... 90.11 Ii. Davis & Co. .60 ?ler Bros . ........................ 23.45 F. W. Schlueter ................. 6.19 On motion of Aid. McLaughlin the )ond of. J. E. Robinson for care of the Detention Hospital was referred to the City Attorney. Aid. WLlli nnwo,l that the matter of constructing a sanitary sewer in Washington street be referred to a Special committee consisting of Aids. Frith, Singrin and Heim and the City Attorney to confer with the property owners along said street. Carried. Your Committee of the Whole would respectfully report that on ac- count of using an obsolete plat in making out the special assessment against Lots 1 and 2 in John King's 1 st Addition for the improvement of t'r ul r avenue, errors were made in paid assessments, and we would re- spectfully recommend that the City Engineer be instructed to prepare a reassessment against said lots for said improvement. JAMES SAUL, Chairman. Your Committee of the Whole would respectfully recommend that the question of the revaluation of the property in the city of Dubuque be submitted to the electors at the com- ing city election for their approval or rejection. . JAMES SAUL, Chairman. Aid. Saul moved the adoption of the report of the Committee of the Whole. Carried. P Al Regular Session, March 5, 1914 Aid. Wallis offered the following: Be It Resolved by the City Council of the City of Dubuque, That it is deemed necessary and advisable to Improve Cox street from the southerly curb line of West Fourteenth street to the southerly property line of West Chestnut street, and it is hereby pro- posed to grade, curb, gutter and ma- cadamize said portion of said street and to assess the cost of said curbing, guttering and macadamizing against the abutting property. Ald. Wallis moved the adoption of the resolution. Carried by the following vote: Yeas—Alds. Andresen, Frith, Heim, McLaughlin. Saul, Singrin, Wailis. \ays—lone. "r7 deemed necessary and advisable to improve Edina Street from the west- erly side of A.ita Vista street to the westerly side of the alley first west thereof, and it is hereby proposed to grade, curb, gutter and macadamize said portion of said street and to assess the cost of said curbing, gutter- ing and maeadamizing against the abutting property. Aid. Wallis moved the adoption of the resolution. Carried by the following vote: Yeas—Alds. Andresen, Frith, Heim, 11cLaughin, Salil, Singrin, Wallis. ,Nays—None. suche eplot and estimate in yin theoffice of the City Recorder; that after the filing said pltt tnhis l the in the City Recordershall publish three consecutive issues of a no paper published in this city, a notic tice stating that such plat and estimates are on file, the location and nature of the improvement, kind of material to be used, and an estimate of its cost, and the time before which objections thereto can be filed, and the time fixed for hearing, which time shall not be less than five days after the last publication of such notice, and after such publication shall have been made, the City Recorder shall at the next regular session of the City C'oun- notify a copy of such no- tice thereof in a writ- ing, with printed tice accompanying the same. Ald. Wallis moved the adoption o the resolution. Carried by the following vote: Yeas—Alds. Andresen. Frith, Heim McLaughlin, Saul, Singrin, Wallis. Nays —None. Aid. Wallis offered the following: Be it Resolved by the City Coun- cil of the City of Dubuque, That the city engineer be and he is hereby di - plat showing nature and ex- mprovement on westerly side of �. is westerly side ' thereof, and the e used, and an •e cost thereof, lost of such im- nount assessable street railway and cost there - city, if any, and amount assess - )r parcel of land ag upon such im- foot, and to file to in the office of at after the filing mate in the office the city shall publish in three consecutive issues of a news- paper published in this city, a notice stating that such plat and estimates are on file, the location and nature of the improvement, kind of material to he used. and an estimate of its cost, and the time before which ob- jections thereto can be filed, and the time fixed for hearing, which time shall not be less than five days after the last publication of such notice, andafter such publication shall have been made, the city recorder shall, at the next regular session of the City Council notify the Council in writing, with a printed copy of such notice ac- companying the same. Aid. Walls moved the adoption of the resolution, Carried by the following vote: f Yeas—Alda. Andresen, Frith. Heim, McLaughlin, Saul, Singrin, Wallis. Nays—None. Alderman Wallis offered the fol- lowing: Be it Resolved by the City Council of the City of Dubuque, That it is Aid. Saul offered the following: Be it Resolved by the City Coun- cil of the Ctty of Dubuque, That it is deemed necessary and advisable to improve Louisa Street from the pre- sent improvement at Bennett Street southerly to St. Joseph Street, and it "r6 Regular Session, March 5, 1914 Ald. Singrin moved that the City Fecorder be instructed to advertise for the purchase of a Fire Horse, same to be purchased Wednesday, March 11, 1f,14, at 10:00 o'clock. Carried. Aid. Heim moved that the Chairman of the Board of Health be given power to purchase fire extinguishers for the Detention Hospital. Carried. Aid. Frith moved that the City En- sinecr be Instructed to measure all macadam broken In the City and re- porc back to the Council. Carried. Board of Health be paid and a war- rant in the sum of $36.00 be ordered drawn to cover the same. Carried. On motion of Aid. McLaughlin the following bills were sent to the County f.rr• i-ayment: M. 3I. Hoffman ...................$ 5.24 N. B. Schneider .................. 28.38 N. Y. Schneider .................. 100.38 Union Electric Ce . ............... 6.02 J. E. Robinson ................... 90.11 C. H. Davis & Co . ..............60 Pier Bros . ........................ 23.45 J. W. Schlueter ................. 6.12 On motion of Aid. McLaughlin the bond of J. E. Robinson for care of the Dubuque, Iowa, March 5, 1914..Detentlon Hospital was referred to To the Honorable Mayor and City the City Attorney. Cour:cil. Aid. McLaughlin moved that the Gentlemen: The Board of Health Clerk of the Board of. Health adver- met it regular session March 5, 1914. tise for bids for an official fumigator, C:iairman Andresen in the chair, who must be a licensed embalmer, bids Present—Mayor Lvons, Aid. Mc- to be received until Thursday April Laughlin, Citizens R. Kolck, Wm. 2 11,14, at 2:00 p. m. Carried. Fosse.lman, Sanitary Officer Lynch, Ald. McLaughlin moved to adjourn. Assistant City Attorney Willging. Carried. ",bsent—Dr. Kennedy and Dr. Palen. J. J. SHEA. M'nutes of the meeting of February Clerk of the Board of Health. 5. 1914, read and on motion of Aid. Me- Ald. Andresen moved the adoption T.augblin were approved. of the report of the Board of Health. BIDS. Carried. Lids for the care of the Detention petition of Philip Breithaupt, rela- I?u�pital. Bid of J. E. Robinson: For p taking care of small pox and scarlet tive to being granted permission to Rver patients, from 1 to 6 inclusive, connect with the Bee Branch Sewer r from 6 to 10 $4.50 per at ^120 Elm street, presented and $3..,0 per clay; read. On motion of Aid. Wallis, the day; over 10 patients, $4.75 per clay. petition was received and filed. Far taking care of Diphtheria patients, from 1 to 6, $4.50 per day; from 6 to l0 patients, $5.00 per day;* over 10 path nts, $5.25 per day. For taking rare of Detention Hospital, $5.00 per month and $1.00 per day for provisions. On motion of Aid. McLaughlin the c6nt.roct was awarded to J. E. Robin- san. Resolution of the State Board of Iiealth relative to the sanitary condi- tlons and surveys of Health Officers presented and read. On motion of Ald. McLaughlin the resolution was received and filed. Aid. McLaughlin moved that the matter of procuring report blanks for usf. in reporting venerial diseases be :eft in the hands of the City Doctor and Clerk of the Board of Health with power to purchase same. Carried. On motion of Aid. McLaughlin. the bill of Levina Walters in the sum of $36.00 for rent and care of Myrtle Haze,. a .scarl'et fever patient, was re turnerl to her to procure proper signa- tare. Ori motion of Aid. McLaughlin the bill of J. O. McPake in the sum of $12.O0 for rent of house used by E. H. Beimett, .a smallpox patient, was re- ceived and filed. Alfa. McLaughlin moved that the bil of F. Kolck in the sum of $36.00 fol services rendered as a member of th4 Aid. Wallis moved that the matter of constructing a sanitary sewer in Washington street be referred to a special committee consisting of Aids. Frith, Singrin and Heim and the City Attorney to confer with the property owners along said street. Carried. Your Committee of the Whole would respectfully report that on ac- count of using an obsolete plat in making out the special assessment against Lots 1 and 2 in John King's 1st Addition for the improvement of Couler avenue, errors were made in said assessments, and we would re- spectfully recommend that the City Engineer be instructed to prepare a reassessment against said lots for said improvement. JAMES SAUL, Chairman. Your Committee of the Whole would respectfully recommend that the question of the revaluation of the property in the city of Dubuque be -submitted to the electors at the com- ing city election for their approval or rejection. JAMES SAUL, Chairman. Aid. Saul moved the adoption of the report of the Committee of the Whole. Carried. �++►r � esus � swa Regular Session, March 5, 1914 Aid. Wallis offered the following: Be It Resolved by the City Council of the City 'of Dubuque, That it is deemed necessary and advisable to improve Cox street from the southerly curb line of `Vest Fourteenth street to the southerly property line of West Chestnut street, and it is hereby pro- posed to grade, curb, gutter and ma- cadamize said portion of said street and to assess the cost of said curbing, guttering and macadamizing against the abutting property. Ald. Wallis moved the adoption of the resolution. Carried by the following vote: Yeas Aids. =Andresen, Frith, Heim, McLaughlin. Saul, Singrin, Wallis. Nays—None. 77 deemed necessary and advisable to improve Edina Street from the west- erly side of Alta Vista Street to the westerly side of the alley first west thereof, and it is hereby proposed to grade, curb, gutter and macadamize said portion of said Street and. to assess the cost of said curbing, gutter- ing and macadamizing against the abutting property. Aid. Wallis moved the adoption of the resolution. Carried by the following vote: Yeas—Aids. Andresen, Frith, Heim, 'MeLaughin, Saul, singrin, Wallis. Nays—N one. Ald. Wallis offered the following: Be It Resolved by the City Council of the City of Dubuque, That the City Engineer be a patesh s hereby directed to prepare a plat wing generally the location, nature and extent of the proposed improvement on Cox street from the southerly curb line of West Fourteenth street to the southerly lot line of West Chestnut street, and the kind of material to be used, and an estimate of the entire cost thereof, and the amount and cost of such im- provement, and the amount assessable upon any railway or street railway company, the amount and c'ity, if any,st and the oere- f, to be paid by the cost thereof and amount assess- able upon each lot or parcel of land adjacent to or abutting upon such im- provement per front foot, and to file such plat and estimate in the office of the City Recorder; that after the filing said P1ti lnhis tc the City Recorder shallpublishin three consecutive issues of a news- paper published in this city, a notice stating that such plat and estimates are on file, the location and nature of the improvement, kind of material to be used, and an estimate of its cost, and the time before which objections thereto can be filed, and the time fixed for hearing, which time shall not be less than five days after the last publication of such notice, and after such publication shall have been made, the City Recorder shall at the next regular session of the City Coun- cil, notify the Council thereof n no writ - Ing, with a printed copy Of s tice accompanying the same. Aid. Wallis moved the adoption of the resolution. Carried by the following vote: Yeas—Alds. Andresen. Frith, Heim McLaughlin, Saul, Singrin, Wallis. Nays—None. Alderman Wallisoffered the fol- lowing: Be it Resolved by the City c it cis oThatf the City of Dubuque, Aid. Wallis offered the following: Be it Resolved by the City Coun- -il of the City of Dubuque, That the :ity eng eier be and he is hereby di- ctene d to prepare a plat showing ;enerally the location, nature and ex- tent of the proposed improvement on Edina Rtreet from the westerly side of Arta Vista Street to the westerly side of the alley first west thereof, and the hind of material to be used, and an estimate of the entire cost thereof, and the amount and cost of such im- provement, and the amount assessable upon any railway or street railway company, the amount and cost there- of, to be paid by the city, if any, and the cost thereof and amount assess- able upon each lot or parcel of land adjacent to or abutting upon such im- provement per front foot, and to file such plat and estimate in the office of the city recorder; that after the filing of said plat and estimate in the office the city recorder shall publish in three consecutive issues of a news- paper published in this city, a notice stating that such plat and estimates are on file, the location and nature of the improvement, kind of material to be used. and an estimate of its cost, and the time before which ob- jections thereto can be filed, and the timefixed for hearing, which time shall not be less than five days after the last publication of such notice, and after such publication shall have been made, the city recorder shall, at the next regular session of the City Council notify the Council in writing, with a printed copy of such notice ac- companying the same. Aid. Wallis moved the adoption of the resolution. Carried by the following vote: Yeas—Aids. Andresen, Frith. Heim, MCLaughlin, Saul, Singrin, Wallis. Nays None. Aid. Saul offered the following: Be it Resolved by the Citv Coun- cil of the Ctty of Dubuque, That it is deemed necessary and advisable to improve Louisa Street from the pre- sent improvement at Bennett Street southerly to St. Joseph Street, and it expenses $36.00; that she was inW. W. MOFFATT, hrd fortwo weeks and lost time Councilmen to the amount of $50.00. After talk. Attest: J. J. SHEA, Ing the matter over with her she City Clerk has agreed to accept $50.00 in full Councilman Mnffntt --A +,,.. pay I alio tha her and e exit exe wUi C tha Sol and dra $50 ma: cW liv( of rely Th, Ing } me Va I cil fol the th( Cit mit pal Ma per 1` V Cal G y l 69 AN, ed i 3c- gyp. il- w.•. . u„ i)uelman. Carried by the following vote: Nays—None. Yeas—Mayor Wharton, Council- Conuuunication of Charles J. man Moffatt, Murphy, Thompson, Horan, Regional Housing Expedit- Van Duelman. er, advising that Mr. Wilson W. Nays—None. Wyatt, National Housing Expedit- Resolution No. 34-46 home building meet the most ng for the re - has asked the to appoint a Cy Housing lith this pro - read. moved that referred to s roper action. nan Moffatt. wo+ ng vote: on, Council - Thompson, i0y ter business an moved to Councilman e following m, Council - Thompson, Shea jCler.46 ............... .- qw� Clerk. ;(i 4pecial Session, April 15th, 1946 City Council (Official) Special Session, Aprli 15th, 1946. Council met at 7:30 P.M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting a public hearing upon proposals to amend and change the Zoning Map and the Zoning Ordin- ance and acting on any other busi- ness as may properly come before a regular meeting of the City Coun- cil. Proof of publication, certified to by the publishers, of the official notice of a public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordin- ance in the following respects; By changing from "Single Family" or "Two Family" classification to "Multiple Family" classification all that area beginning at the inter- section of the center lines of High- land Place and West Eleventh Street proceeding in a northerly di- rection on the center line of High- land Place to the extension of the northerly property line of Lot Num- ber 827 of Sub of 824, McDaniel's Sub., thence westerly along the northerly property line of the said lot number 827 to the center line of the alley first west of Highland Place, thence southerly along the center line to the extension of the north property line of Lot 8 of Sub. of Lot 823 and Part of Lot 824, thence westerly along the norther- ly property line of Lots 8, 7, 6, 5 and 4 of Sub. of Lot 823 and Part of Lot 824, thence southerly along the westerly line of Lot number 4 of of Sub of Lot 823 and part of Lot 824 to the center line of West Eleventh Street, thence west- ei9y along the center line of West Eleventh to the center line of the alley first east of Center Street, thence northerly on the center line of the alley first east of Center Street to the center line of Rose Street, thence westerly on the cen- ter line of Rose Street to the center lin of the alley first of Belmont Street, thence northerly on the cen- ter line of the alley first east of Belmont Street to the extension of the southerly property line of Lot number 16 of Sub of Lot 3 of M. L. 90, thence easterly along the south- erly property line of said lot to the center line of Cummins Street, thence northerly along the center line of Cummins Street to the cen- ter line of Loras Blvd., thence west- erly along the center line of Loras Blvd., to the center line of the alley first west of Alta Vista, thence south along the center line of the alley first west of Alta Vista to the center line of Martha Street, thence westerly along the center line of Martha Street to the center line of Nevada Street, thence southerly along the center line of Nevada Street to a line 100 feet north of the northerly side of University Avenue, thence easterly and south- easterly along this line 100 feet north of the northerly side of Uni- versity Avenue to the line 100 feet north of the northerly side of Rob- inson Street, thence easterly along the line 100 feet north of the north- erly side of Robinson Street to the extension of the center line of the alley first west of Bluff Street be- tween 10th and 11th Streets, thence northerly along the extension of the center line of the said alley and along the center line of said alley to the center line of West Eleventh Street, thence westerly along the centerline of West Eleventh Street to the center line of Highland Place, the point of beginning in the City of Dubuque, presented and read. No written objections filed and no objectors were present in the Council Chamber at the time set for said public hearing. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one pres- Special Session, April lith, 1946 ' i1 ent in the Council Chamber,• who wishes to do so, to • address the Council. Seconded by Councilman Moffatt. Carried 'by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 4-46. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 design- ed "Zoning Ordiance of the City of Dubuque" so as to change to "Mul- tiple Family" classification certain defined territory now being delimit- ed as "Single Family" or "Two Family" Districts: Beginning at the intersection of the center lines of Highland Place and West Eleventh Street proceeding in a northerly di- rection on the center line of High- land Place to the extension of the northerly property line of Lot num- ber 827 of Sub. of 824 McDaniel's Sub., thence westerly along the northerly property line'of the said lot number 827 to the center line of the alley first west of Highland place, thence southerly along the center line to the extension of the north property line of Lot 8 of Sub. of Lot 823 and Part of Lot 824, thence westerly along the norther- ly property line of lots 8, 7, 6, 6 and 4 of Sub, of Lot 823 and Part of Lot 824, thence southerly along the westerly line of Lot number 4 of Sub of Lot 823 and Part of Lot 824 to the center line of West Eleventh Street, thence westerly along the center line of West Eleventh to the center line of the alley first east of Center Street thence northerly on the centerline of the alley first east of Center Street to the center line of Rose Street, thence westerly on the cen- ter line of Rose Street to the center line of the alley first east of Bel- mont Street, thence northerly on the center line of the alley first east of Belmont Street to the exten- sion of the southerly property line of Lot number 16 of Sub. of Lot 3 of M. L. 90, thence easterly along the southerly property line of said lot to the center line of Cummins Street, thence northerly along the center line of .Cummins Street to the center line of Loras Blvd., thence westerly along the center line of Loras Blvd. to the center line of the alley first west of Alta Vista, thence south along the een. ter line of the alley first west of Alta Vista to the center line of Martha Street, thence westerly along the center line of Martha Street to the center line of Nevada Street, thence southerly along the center line of Nevada Street to a line 100 feet north of the norther- ly side of Univeristy Avenue, thence easterly and southeasterly along this line 100 feet north of the northerly side of University Av- enue to the line 100 feet north of the northerly side of Robinson Street, thence easterly along the line 100 feet north of the norther- ly side of Robinson Street to the ex- tension of the center line of the alley first west of Bluff Street be- tween 10th and 11th Streets, thence northerly along the extension of the center line of the said alley and along the center line of said alley to center line of West Eleventh Street, thence westerly along the center line of West Eleventh Street to the center line of Highland place, the point of beginning, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men ;Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of the official 72 Special Session, April 15th, 1946 notice of a public hearing upon a proposal to amend and change the Zoning Map and the Zoning ordin- ance in the following respects: By changing from "Two Family Resi- dence District" to "Multiple Family Residence" classification all that area bounded on the southerly side by 22nd Street, on the easterly side by the Chicago Great Western Rail- road tracks, on the northerly side by the City Limits and the westerly side by a line 100 feet west of the westerly side of Central Avenue in the City of Dubuque, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said public hearing. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 5-46. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 desig- nated "Zoning Ordinance of the City of Dubuque" so as to change to "Mulutiple Family Residence" classification certain defined terri- tory now being delimited as "Two Family Residence District": Bound- ed on the southerly side by 22nd Street, on the easterly side by the Chicago Great Western Railroad tracks, on the northerly side by the City Limits and the westerly side by a line 100 feet west of the west- erly side of Central Avenue, pre- sented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of T. H. Nelson submitting application for appoint- ment to the position of Police Judge under the provisions of the Soldiers Preference Law, Chapter 60 of the 1939 Code, as amended, presented and read. Councilman Thompson moved that the communication be referred to the Council for further consid- eration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of John C. Ober- hausen submitting application for the position of Judge of the Police Court under the provisions of the Soldiers Preference Law, Sections 1159, 1161, Code of Iowa, 1939, as amended, presented and read. Councilman Moffatt moved that the communication be referred to the Council for further considera- tion. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men, Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of John L. Duffy submitting application for the posi- tion of Police Judge stating that he is a Veteran of World War I with Germany, presented and read. Councilman Murphy moved that the communication be referred to the Council for further considera- tion. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Special Session, April 15th, 1946 73 Communication of The Interna- tional City Managers' Association extending invitation to the City of Dubuque to be 'represented at the annual conference to be held in Montreal on June 16-21, 1946, pre- sented and read. Councilman Thompson moved that City Manager Rhomberg to- gether with any member of the City Council, who finds it conven- ient to do so, be authorized to at- tend the meeting. Seconded by Councilman Moffatt. Carried by following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Interstate Power Company asking Council consideration in an effort to help solve their present street system and motor vehicle operations and suggesting that they be given more space at 8th and Main Street so that their buses could pull in parallel to curb line at the Stamp- fer corner, both on the Main Street and Eighth Ave. side, also suggest- ing that the stop on the opposite side to the north of Montgomery Ward building be eliminated and Seminary bus stop made just west of where East Dubuque bus now stops, also suggesting that traffic control lights be considered for Sixth and Seventh Streets on Iowa Street, also suggesting that the angle parking on Sixth Street be- tween Main and Iowa Streets on the south side be switched to parallel parking, also suggesting that some effort be made at 8th Avenue and Main Street to compel pedestrians to move with control lights, presented and read. Councilman Murphy moved that the communication be referred to the City Council and Parking Com- mittee for their consideration. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Volunteers of America requesting permission for the holding of a tag day on May 11th, 1946, presented and read. Councilman Van 'Duelman moved - that the request be granted. Sec- onded by Councilman Murphy. Car. ried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Board of Trustees of the Grace Methodist Church re- questing a compromise in the mat. ter of their indebtedness for street improvements in the amount of $292.43, plus penalties due, present. ed and read. Councilman Moffatt moved that the petition be referred to the City Treasurer for investigation and re- port. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mrs. Margaret Hogan, referred to the City Council by the Board of Supervisors, requesting suspension of the 1946 tax on the north % of City Lot 326, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Dubuque Packing Company requesting the vacation of the northerly four feet, four inches of East 16th Street, from the easterly line of the alley first west of Cedar Street, heretofore vacat- ed, easterly to the west line of Syc- amore Street and to convey such vacated area to the Dubuque Pack- ing Company, presented and read. Councilman Moffatt moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Mettel Realty & Investment Company requesting approval of the plat of the proposed Burkart Subdivision, together with the completed abstract of title and 74 Special Session, .April 15th, 1946 attorney's opinion thereon, pre- sented and read. Councilman Murphy moved that the petition, together with the plat, abstract of title, and attorney's opinion be referred to the City Solicitor and the Planning and Zon- ing Commission for their recom- mendation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of O. W. Holz ad- vising that he is the owner of Lots 32 and 33 of McDaniels Park Hill against said lots there are outstand- ing sewer assessments, and that at this time he would like to clear the title of this property and stat- ing that he is willing to pay a fair amount toward the sewer taxes, presented and read. Councilman Thompson moved that the communication be referred to the City Manager for investiga- tion and report. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of R. F. Trapp submitting offer in the amount of $675.00 for the purchase of city owned lots at the corner of Bryant and Curtis Streets, presented and read. Councilman Thompson moved that the offer be accepted and the City Solicitor requested to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Council Proceedings for the month of December, 1945, present- ed for approval. Councilman Murphy moved that the Council Proceedings for the month of December, 1946, be ap- proved as printed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton. Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 4, 1946 In re: Claim of Victor Handley. Honorable Mayor and Gity Council, City of Dubuque, Iowa Gentlemen: I have investigated this matter and find that on Feb- ruary 6, 1946, claimant, while walk- ing from Seventh and Locust Street across Washington Park, near Sixth and Bluff Street, fell to the side- walk fracturing his right wrist; that said sidewalk, at the place where he slipped and fell, was low- er than the surrounding sidewalk, water had congregated at the spot, froze and became in a dangerous condition. That because of such fall he sustained a doctor bill in the ;amount of $8.50 and bill for medi- cine in the amount of $16.00. That since said time he has been unable to work. After talking the matter over with him, he, has agreed to accept $75.00 in full payment of claim against the. City. I recommend that his claim be allowed in the sum of $75.00 and a warrant be issued payable to his order for that amount and the same delivered to him upon delivery to the City of a properly executed re- lease. Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Victor Handley, as settle- ment in full of his claim, and that said warrant be delivered upon re- ceipt of a properly executed release. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson; Van Duelman. Nays—None. April 8, 1946 In re: Claim of Dave O'Connell. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In the matter of the case of Dave O'Connell, plaintiff vs. City of Dubuque, now pending in the District Court of Dubuque of Dubuque County, Iowa, wherein Dave O'Connell is asking damages in the sum • o£. $2500.00 because of a fall while walking in a westerly di- rection on the northerly side of. Special Session, April 15th, 19 6 75 West Fifth Street across the alley between Main and Locust Street re- sulting in a dislocation of his right shoulder which required medical and hospital service and attention, from my investigation, I find that the condition of the walk across the alley was in a dangerous condition, being covered with rough and rounded snow and ice. That the plaintiff's damages consisting of doctor bill $48.00, hospital bill $57.50, drug bill $10.00 and that plaintiff claims that he has been unable to perform much work since his injury on December 21, 1945. After conference with his attor- neys, they have agreed to settle this case for the sum of $300.00 and dis- miss the pending lawsuit. I recommend that a warrant be issued payable to Czizek & Czizek, Attorneys for Dave O'Connell in the sum of $300.00 and the same to be delivered to them upon delivery to the City of a Release properly ex- ecuted by plaintiff and upon dis- missal of the above action in the District Court. Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the City Audtior instructed to draw a warrant in the amount of $300.00 in favor of Czizek and Czizek, At- torneys for Dave O'Connell, as set- tlement of the claim and suit, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release and upon dismissal of the action in the District Court. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 9, 1946 In re: Claim of C. M. Weepie. Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Upon investigation of this claim I find that on or about March 16, 1946, claimant, while driving his car east on Eighth Street ran into a hole in the street at a point approximately fifty feet east of Bluff Street, which hole had been. there for at least four or five weeks, and sustained damages to his tire in the amount of $11.21. Be- cause of this condition having ex- isted for four or five weeks I am of the opinion that there is a liability and that his claim should be al• lowed in the sum of $11.21. I recommend that the claim of C. M. Weepie be allowed in the sum of $11.21 and that a warrant be is- sued payable to his order in that amount and delivered to him upon delivery to the City of a properly executed release. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $11.21 in favor of C. M. Weepie, as settlement in full of his claim, and that said warrant be deliv- ered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 13, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning and Zoning Commission respectfully recommends to the City Council the extension of the present multiple family residence district to include all the property within the follow- ing area, which is now in two fam- ily residence district classification. Beginning at a point at the in- tersections of the center lines of Wilson Avenue and West Fifth Street; thence northerly along the center line of Wilson Avenue to a point in line with the rear of the lots fronting in the northerly side of West Fifth Street; thence wester- ly along the rear line of the lots fronting on the northerly side of West Fifth Street to the center line of Paulina Street extended; thence southerly along the center line of Paulina Street and the center line of Paulina Street extended south- erly to the center line of West Third Street; thence easterly along 76 Special Session; April 15th, 1946 the center line of West, Third Street to the center line of Winona Street. Same point of beginning And point of ending connect to the present" multiple family residence district. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION By R. V. McKay, Secretary Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 13, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning and Zoning Commission respectfully recommends to the City Council the extension of the present multiple family residence district to include all the property within the follow- ing area which is now in two fam- ily residence district classification. Beginning at a point in the cen- ter line of West Fifth Street at ap- proximately one hundred feet east- erly of the easterly line of Delhi Street, thence southerly along the center line of College Street to the center line of Allison Place; thence westerly along the center line of Allison Place to a point where the center line of Allison Street ex- teended would intersect the west- erly line of Allison Street due to angle in Allison Street; thence southerly along the easterly line of lot one of Finley Home addition to the south east corner of lot one Finley Home Addition; thence westerly along the southerly line of lot one of Finley Home Addition three hundred and eighty five feet to the south west corner of lot one Finley Home Addition; thence northerly along the westerly line of lot one Finley Home Addition to approximately one hundred feet southerly of Delhi Street. Same point of beginning and point of ending connect to the pres- ent multiple family residence dis- trict. Rezoning of this area is in accord with the- petition of J. W. McEvoy et al to allow conversion of dwel- lings of College Street to multiple family dwellings and also to in- clude the grounds occupied by the Finley Hospital to clear the way for a proposed future expansion program. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION By R. V. McKay, Secretary Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 13, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning and Zoning Commission respectfully recommends to the City Council the denial of the petition of Am- brose Marshall et al asking for re- zoning to multiple family district classification because only two lots are involved. The Planning and Zoning Com- mission is considering including these lots in a much larger area in a change to multiple family residence district classifications. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION R. V. McKAY Secretary Councilman Moffatt moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffat, Murphy, Thompson, Van Duelman. Nays—None. April 13, 1946 The Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning • Com- mission respectfully recommends to the City Council the granting of the petitions of Melvin D. Harms et. al and Yurther to vacate Special Session, April 15th, 1946 the balance of , the alley from Grove land Street to Davis Street. With the condition that easements over same be retained. • Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION R. V. McKAY Secretary •Councilman Van Duelman moved that the recommendation of the Planning and Zoning Com- mission ,be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 13, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission respectfully recommends to the City Council that the peti- tions of J. E. Lillig et. al asking that the 1400 Block in the westerly side of Alta Vista Street be re- zoned from Single family resi- dence district classifications, to two family residence district classifications be denied. The general area does not lend itself to two family use. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION R. V. McKAY, Secretary Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be referred back to the Planning and Zoning Commission for further consideration. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men. Moffatt, Murphy, Thompson, Van Duelman. Nays ---None. April 14, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission respectfully recommends, to the City Council the rezoning to multiple family • residence dis- trict classifications all the area within the following• boundaries, 77 except such areas as are not now zoned to a lessor classification. Beginning at the intersection of the center lines of Loras Blvd. and Bluff Street; thence northerly along the center line of Bluff Street to the intersection of the center lines of Bluff Street and West Locust Street; thence north westerly along the center line of West Locust Street to the inter- sections of the center lines of West Locust Street and West Seventeenth Street; thence east- erly along the ceniter line of West Seventeenth Street to the inter- sections of the center lines of West Seventeenth Street and Main Street; thence northerly along the center line of Main Street to the intersection of the center lines of Main Street and Madison Streets; thence northerly along the center line of Madison Street to the intersection of the center lines of Madison . Street and Sem- inary Street; thence westerly along the center line of Seminary Street to the intersection of the center lines of Seminary Street and Hogdon Street; thence south along the center line of Hogdou Street and the center line of Hog - don Street extended to the inter- sections of the center lines of Hogdon Street extended and the center line of Cox .Street; thence south easterly along the center line of Cox Street to the inter- section of the center lines of Cox Street and Loras Blvd.; thence easterly along the center line of Loras Blvd, to the intersection of the center lines of Loras Blvd. and Bluff Street which is the point of beginning and the point of ending. Many of the houses in this area are large and can be readily con- verted to multiple family use. The number of requests for rezoning in this area received by the commis- sion in the past is evidence of the trend in such direction. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION R. V. McKAY Secretary Councilman Moffatt moved that the recommendation of the Plan• ning and Zoning Commission be approved and the City Solicitor requested to prepare the proper 78 .Special Session, :April 15th, 1946 procedings. Seconded by Council man Murphy. Carried by 'the fol lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 12, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached communi- cation of E. R. Laury requesting permission to convert his single family dwelling into a 2 -family dwelling, the Planning and Zoning Commission respectfully recom- mends denial for the following reasons: By rezoning into a 2 -family classification the petitioner would still not be able to convert his dwelling because of a deficiency In lot area. Yours tru%, DUBUQUE PLANNING AND ZONING COMMISSION R. V. McKAY Secretary Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Council- man Moffatt. Carried by the fol• lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 12, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached communi- cation of Wolf Berk, 961 Bluff Street, requesting permission to convent part of an old livery stable into an apartment, the Planning and Zoning Commission respect- fully recommends denial of the request because it would not only create two dwellings on one lot but it would further crowd already congested land—the prevention of which is one of the basic zoning principles. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION R. V. McKAY Secretary Councilman Thompson moved that the recommendation of the 'Planning and Zoning Commission be approved. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 15, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing: Excavation Davis Brothers Incorporated. Fidelity & Deposit Co. of Mary- land. Personal Albin A. Rhomberg, City Mana- ger, Continental Casualty Com- pany; Otto F. Puls, City Trea- surer, The Aetna Casualty & Surety Co.; Robert P. Marshall, City Auditor, Massachusetts Bond- ing & Ins. Co.; J. J. Shea, City Clerk, Massachusetts Bonding & Ins. Co.; John J. Kintzinger, City Attorney, Massachusetts Bonding & Ins. Co.; Harry J. Hanover, City Assessor, U. S. Fidelty & Guar- anty Co.; Geraldine L. Jenni, Secretary to City Manager, Con- tinental Casualty Co.; Daniel J. O'Leary, Plumbing Inspector, American Surety Company; Luvern Carl Norton, Electrical Inspector, The Century Indemnity Company; Virgil Fay Chapman, Milk In- s p e c t o r, Continental Casualty Company; Mae Agnes Moore, Clerk—Health Department, Indem- nity Ins. Company of N.A.; John Joseph Hail, Superintendent City Water Dept., Massachusetts Bond- ing & Ins. Co.; Edward M. Tschirgi, Accountant City Water Dept., Massachusetts Bonding & Ins. Co.; Lucille Oster, Clerk City Water Dept., Massachusetts Bond- ing & Ins. Co.; Thomas Fitzpat- rick, Clerk City Water Dept., Massachusetts Bonding & Ins Co.; Charles J. McCarthy, Harbor and Market Master, Eagle Indemnity Company. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Special Session, April 15, 1946 79 Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 15, 1946 To the Honorable Mayor and City Council, Dubuque, ' Iowa. Gentlemen: At the April 1, 1946 meeting the offer of Chris Marcov to purchase city -owned Lots 2, 3, 4, 4, 5, 6, 7 and 8 of McCraney's lst Add. for the sum of $1,400.00 was re- ferred to the council to view the grounds. The council viewed these Pots on the grounds April 14th and decided to reject the offer. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and the decision of the Council confirmed. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 15, 1846 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held March 26, 1946, the communication of Cyril H. Maiers asking that the steps between Madison Street and Dorgan Place be closed and abandoned was re- ferred to the Council to view the grounds. The Council having viewed the premises of April 14th, decided to order the closing and abandon- ment of the stairs. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved and the decision of the Council con- firmed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 15, 1946 To - the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: . At the meeting of March 26, 1946, the petition of Carr, Adams & Collier Co, requesting permis- sion to use not to exceed 1% feet in width of both East Eleventh and East Twelfth Streets from Cedar Street easterly for a dis- tance of 100 feet and also re- questing permission to cross Cedar Street with light and sprinkler alarm wires was re- ferred to the council to view the grounds. The council having viewed the site decided to have an ordinance prepared granting the requests. I recommended that the decision of the council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved and the decision of the Council con- firmed and the City Solicitor re- quested to prepare the proper pro- ceedings. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 15, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the April 1, 1946 meeting the communication of County Auditor Daykin advising that the Board of Supervisors had accepted an offer of $180.00 made by Pat Barry for Lots 130, 131, and 132 of Glendale Addition was referred to the Coun- cil to view the grounds. The Council having viewed the site decided to reject the offer. I recommend that the action of the Council 'be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman . Van Duelman moved that the recommendation bf City Manager Rhomberg be ap• proved and the decision of the Council confirmed and the Board of Supervisors to be notified of the ,action taken by the- Council. gp Special Session, April 15, 1946 Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, April 10, 1946 To the Honorable Mayor and City Council of the City of Dubuque, Iowa. Gentlemen: It is common knowledge that a serious housing shortage exists in the City of Dubuque, Iowa. This housing shortage will be all the more acute at such time in 1946 as the John Deere Tractor Plant, now being constructed north of our city, is placed into production. In an effort to meet the need for some of this housing the John Deere Tractor Plant contemplates the construction of a number of homes in Hillcrest Park Subdi- vision and Hillcrest Subdivision No. 2, located on Asbury Road, just west of the city limits of Dubuque, Iowa, provided that proper water and sewer facilities can be made availaible. The demand for housing will continue to grow as our industrial plants expand their production facilities. Demand for housing will be further increased in the event that other factories locate in our community, and there is every indication that there are plants seeking locations here. If we are to be sucessful in acquir- ing new manufacturing plants to locate in our community, we must make plans to provide for the growth of our city and to make plans for building of suitable homes on suitable home sites. With this in mind and as a start toward the acomplishment of this objective, we earnestly recommend to your honorable body the extension of the city limits of Dubuque, Iowa westerly in the vicinity of Asbury Road to embrace the territory shown on a plat attached hereto. Within this area is . included Hillcrest Park Subdivision and Hillcrest Subdivision No. 2. An appropriate form .of resolution to extend the city limits to this territory is also submitted herewith. We are ad. vised that the limits can be ex- tended in this instance by the adoption of a resolution. We also petition your honorable body to authorize the extension of water mains to serve the terri.' tory embraced in Hillcrest Park Subdivision and Hillcrest Sub. division No. 2. An appropriate form of resolution for this purpose is submitted for your considera- tion I --- In order that some assurance may be given to the John Deere Tractor Company that sewer facilities will be extended to Hill- crest Park Subdivision and Hill- crest Subdivision No. 2 we recom- mend the adoption of a motion directing the City Manager to formulate and submit a plan for the extension of sanitary sewers to service Hillcrest Park Subdivi- sion and Hillcrest Subdivision No. 2 and other property in the vi- cinity thereof. It is our belief that the orderly development of the territory ad- jacent to the City of Dubuque should be anticipated and the problem of additional annexations should be given a most thorough study. We urge that you direct the attention of all the municipal agencies to this subject and sug- gest their collaboration with the committee of the Dubuque Cham- ber of Commerce, which is now at work on the problem. Respectfully yours, DUBUQUE CHAMBER OF COMMERCE C. E. DOVE, President Councilman Van Duelman moved that the petition be re- ceived and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution Extending City Limits No. 35-46 Whereas, the territory adjoin- ing the City of Dubuque on the west, in the vicinity of the Asbury Road, has been platted into tracts of less than ten acres, and Whereas, said territory has been substantially built up, and Whereas, the inhabitants of said territory will be enabled to secure the benefits of city government In the way of police and fire pro- tection if said territory is ihcor- Special Session, April 15, 1946 81 porated within the city .limits of the City of Dubuque, Iowa, and Whereas, the inhabitants of said territory will be enabled to secure light, water, sewer and other municipal services if said terri- tory is incorporated within the city limits of the Cty of Dubuque, Iowa, and Whereas, Section 5614, Code of Iowa 1939 authorizes the extension of city limits in situations of this character by the adoption of a resolution therefore, and Whereas, the future growth, development and preservation of the public health of the City of Dubuque, Iowa makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa, and Whereas, it is necessary to pro- vide for the orderly and systematic growth and development of the ter- ritory adjoining the City of Du- buque, Iowa as now constituted. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended westerly in the vicinity of the As- bury Road by annexing to the City of Dubuque, Iowa the territory em- braced within the following describ- ed boundaries, towit: Beginning on the existing west corporation line of the City of Du- buque, Iowa in line with the north property line of Seminary Street extended to said corporation line; thence westerly along the northerly line of Stout Road to the northerly line of the Asbury Road; thence north westerly along the northerly line of the As- bury Road to the westerly line of Avalon Street extended norther- ly across said road; thence south- erly along the westerly side of Avalon Road to the southerly line of Hillcrest Road; thence easterly along the southerly line of Hill- crest Road to the west line of Lot 1 of Lot 2 of Mineral Lot 261; thence south along the west line of Lot 1 of Lot 2 of Mineral Lot 261 and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Sub -division to the south line of Lot 1 of Lot 2 of Lot 1 of Lot 1 .of Link's Subdi- vision; thence easterly along the southerly line of Lot 1' of Lot 2 of *Lot 1 of Lot 1 of Link's sub- division to the southerly line of Asbury Road;' thence southeast- erly along the southerly line of the Asbury Road to the existing west corporation line of the City of Dubuque, Iowa, thence north- erly along the said existing west corporation line to the point of beginning, all in Section 22, Township 89 North, Range 2 East of the 5th Principal Meridian, be- ing in Dubuque Township, Du- buque County, Iowa, containing 59.6 acres more or less. As shown on the plat attached hereto and by this reference made a part hereof, the boundaries of said area being outlined in red thereon. Passed, adopted and approved this 15th day of April, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Secy onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 36-46 Whereas, additional housing is urgently needed in this community; and Whereas, the development of suit- able house sites, with proper public utilities, is the first step in the ac- complishment of the above pur- pose; and Whereas, a considerable number of homes are to be erected in Hill- crest Park Subdivision and Hill- crest Subdivision No. 2 located along and adjacent to the Asbury Road; and Whereas, this City Council deems it expedient and necessary to ex- tend water mains and public water supply to and into Hillcrest Park Subdivision and Hillcrest Subdi- vision No. 2 for the use and con- venience of the inhabitants there- of; Now, Therefore, ' Be It Resolved by the City Coun- cil o fthe City of Dubuque, Iowa that the Water Department be and it is hereby directed to extend 82 Special Session, April 15, 1946 ' .. water main and public water sup- ply to and into Hillcrest Park Sub- division and Hillcrest Subdivision No. 2 to serve the homes to be erected' therein. Passed, adopted and approved this 15th day of April, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Thompson moved that the City Manager be directed to formulate and submit a plan for the extension of sanitary sewers to service Hillcrest Park Subdivi- sion and Hillcrest Subdivision No. 2 and other property in the vicinity thereof. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 37.46 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that it is deemed advisable to sell the: Middle One -Third of Lot No. 2 of Subdivision of Lot 73 in Glendale Addition to the City of Dubuque, Iowa to Philip Oeth for the sum of $75.00 and to execute a Quit Claim Deed of said premises to said grantee and deliver the same to said gran- tee upon payment of the purchase price. Be It Further resolved that the Mayor and Clerk of the City of Du buque be, and they are hereby au- tborized to execute said Quit Claim Deed on behalf of the City of Du- buque and to affix thereto the of- ficial seal of said City. Passed, adopted and approved this 15th day of.April, 1946. ALBERT WHARTON,' Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 38-46 Whereas, the South 17 ft. 5 in. of Lot 5 and the North 8 ft. of Lot 6 of Levi's Add. was sold on Feb- ruary 3, 1936 to Dubuque County Iowa by the County Treasurer for delinquent and unpaid taxes for the Years 1928 to 1934 inclusive, and, Whereas, Dubuque County, Iowa desires to sell the above desrelbed real estate to Edgar A. Schmitz for $25.00, and, Whereas, the sale of said prop- erty by Dubuque County, Iowa to Edgar A. Schmitz for a sum less than the total amount stated in the tax certificate including all en- dorsements of subsequent general taxes, interests and costs requires the written approval of a majority of all tax levying and tax certify- ing bodies having any interest in said taxes. Now Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa That the sale of the above de. scribed property to Edgar A. Schmitz for the sum of $25.00 in cash be, and the same is hereby authorized and approved. Passed, adopted and approved this 15th day of April, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the fol?wing vote: Special Session, April 1S. 1946 83 Yeas—Mayor Wharton, Council- men„ Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 39-46 Be It Resolved by the City C(jun- cil of Dubuque that the follov�ing, having complied with the provi- sions of law relating to the sale of cigarettes within the City of Du- buque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager Is directed to issue such permits on behalf of said City. Name Address Harry A. Rawson, 342 Main St. Be It Further Resolved that the bond filed with the application be approved. Passed adopted and approved this 15th day of April, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried, by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mayor Wharton announced the following named persons as mem- bers of the Veterans' Emergency Housing Committee, as requested by Mr. Wilson W. Wyatt, National Housing Expediter, to help with the home building program to meet the most urgef}t need for housing for the returning veterans: Councilman F. W. Thompson to represent the City Government; Dr. D. F. Ward to represent the Veterans of For- eign Wars; Mr. Herbert J. Neenan to represent the American Legion; Mr. Anthony F. Neuwoehner to rep- resent the Amvets; Mr. George R. Burden to represent the Chamber of of Commerce; Mr. Lawrence M. Hanson to represent Labor; Mid. Ralph H. Mueller to represent the Builders; Mr. N. J. Greteman to represent Finance. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the, following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. Shea City Cler Approved 6. Adopted V41rob 1, 6?.Y)....., G, ................................. Councilmen:........... .......R. .......... I Attest: ... Clerk. tipecial Session, April 16th, 1946 City Council (Official) Special Session, April 16th, 1946. Council met at 7:30 p.m. Present —Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Murphy and Moffatt. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting Is called for the purpose of consid- ering the appointment of a Police Judge and acting on any other busi- ness as may properly come before a regular meeting of the City Coun- cil. Ordinance No. 6-46. An Ordinance amending Ordinance No. 159 en- titled "An Ordinance Establishing a Single Ward for the City of Du- buque and Dividing the Same into Election Precincts, Establishing such Precincts and Defining the Boundaries Thereof" by adding ad- ditional territory to the Sixth Pre- cinct, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be. fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Sarah Koehler, refer- red to the City Council by the Board of Supervisors, requesting suspension of the 1945 tax on Lot 15 Jackson School Sub., presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Council recessed at 7:50 p.m. for the purpose of considering the ap- plications of R. M. Czizek, T. H. Nel- son, John C. Oberhausen and John L. Duffy filed for the position of Police Judge in accordance with the provisions of the Soldiers Prefer- ence Law, Chapter 60 of the 1939 Code of Iowa, as amended. Council reconvened at 8:00 p.m. Councilman Van Duelman moved that Mr. John C. Oberhausen be ap- pointed for the position of Police Judge. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 40-46 A Resolution providing for the appointment of a Police Judge of the City of Dubuque, prescribing the salary and fixing thq bond. Be It Resolved by the City Coun- cil of the City of Dubuque that the following officer be appointed, sub- ject, however, to the right of the !Council to declare such office va- cant or remove the officer there- from at the pleasure of the Council With or without cause, and to be paid the compensation of $1,800.00 per annum and a bond of $1,000.00 shall be provided by such officer at his expense. Police Judge—John C. Oberhau- sen. Said appointment to be effective May 1, 1946. Special Session, April 16th, 1946 g Passed, adopted and approved this 16th day of April, 1946, ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None., J. J. Shea City 1 Approved 946 Councilmen: L��. ��. .... .. .. . .................................... Attest: ......... City Clerk Special Session, April 26th, 1946 city council (Official.) . Special Session, April 26th, 1946. Council met at 7:30 p.m. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering for final adoption Ordin- ances amending and changing the Zoning Map and Zoning Ordinance and acting on any other business as may properly come before a regular meeting of the City Council. Notice of claim of Grace C. Hoh- mann in the amount of $23.50 for injuries sustained in a fall on a de- fective sidewalk on University Av- enue, presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Fred W. Schroeder submitting offer in the amount of $6,000.00 for the pur- chase of city owned property known as "Harkett Nursery" and describ- ed as Lot 1 of 1 of 2 of part of City Lot 735, presented and read. Councilman Murphy moved that the communication be referred to the Council for further considera- tion. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays=None. Des Moines, Iowa, April 18, 1946 Mn J. J. Shea, City Clerk Dubuque, Iowa Dear Sir: We are in. receipt of Your letter of April 17, 1946 enclos. ing a transcript of the records of the City Council of the City of Du- buque, Iowa,.and plat showing the territory anhexed by the City of Du. buque. We have filed the transcript and plat in this office. Yours very truly, WAYNE M. ROPES Secretary of State R. E. JOHNSON Deputy Councilman Van Duelman moved that the communication be received and made a matter of record. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Office of the Commissioner, United States Department of Justice, Immigration and Naturalization Service, Phila- delphia, Pa., submitting a copy of a proclamation issued by the Presi- dent of the United States designat- ing May 19, 1946 as "I Am An Amer- ican Day" and calling on all civil and educational authorities to co- operate in planning proper obser- vances on this occasion, presented and read. Councilman Thompson moved that the communication be referred to the Mayor for his action. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Linwood Cemetery Association, by J. W. Winall, Treasurer, stating that the Board of Directors of the Linwood Cemetery Association wishes to in- form the City Council that they will sell to the City of Dubuque, for Playground purposes, all the prop- erty west of Burden Street being Lot 1 of 3 of the Sub. of Lots 11-12- 13 of NE 1/4 of Section 13 for $1,500.00, presented and read. Councilman Thompson moved that the communication be referred to the Council for further considera- tion. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of County Audi- tor Daykin advising that the' Board of Supervisors have accepted an of- fer of $100.00 on -Lots 3 'and 4 of Special Sessio n,'April 26th, 1946 168 of Ly H. Langworthy",s Add. made by Clarence' L. Wagner,, pre- sented and read. Councilman Moffatt moved that the communication be referred to the Council to . view the grounds. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, April 24, 1946 Mr. J. J. Shea, City Clerk City Hall, Dubuque, Iowa Dear Sir: We enclose herewith acceptance by the Illinois Central Railroad Company of City of Du- buque Ordinance No. 9-45 which grants authority for construction of railroad tracks to serve Marmis and Solomon.. We also enclose herewith duly executed waivers and releases of damage signed by all interested property gwners. We trust you will find everything in order so that the ordinance can now be published. Will you please advise us of the cost of publication and upon receipt of same we will procure a draft to cover. Very truly yours, O'Connor, 'Thomas & O'Connor By E. Marshall Thomas Councilman Van Duelman moved that the communication be received and made a matter of record. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 9-45 An Ordinance granting to the Il- linois Central Railroad Company, its successors and assigns, right to construct and maintain a side-track from its track in Salina Street south of Charter Street thence northeasterly in Salina Street and into the premises described as Lots 7, 8 and 9 of Block 13 in Dubuque Harbor Company's addition to the City of Dubuque, Iowa, and provid- ing the. terms and conditions there- of. Be It Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That permission be, and the same is hereby granted to the Illinois Central Railroad Company its successors and assigns, to lay down, operate and maintain a spur' track from its side track now locat- ed on Salina Street, commencing at a point south of Charter Street thence northeasterly about 180 feet and into the premises described as Lots 7, 8 and 9 of Block 13 in Du- buque Harbor Company's addition in the City of Dubuque, Iowa, in ac- cordance with the plans now on file in the office of the City Clerk. Sec. 2. That in the laying down and the operation of said track, the same shall be so constructed and maintained as to create the least possible obstruction of the ordin- ary travel and use of the street on and over which said track is laid; that cars shall not be allowed to stand on the track in said streets and that the same shall be kept free for travel at all times except when it may be necessary for cars to be switched across the same. Sec. 3. That said tracks hereby authorized shall be laid to the es- tablished grade of Salina Street and should the grade of said Street be changed at any time, the said track shall be so changed as to con- form to such changed grade at the expense of the railroad company, and the company shall have no claim for damages against the City by reason thereof. Sec. 4. That the said railroad company shall, at all times, keep the space between the rails of said track and the space to the end of the ties on each side of said track so graded that automobiles or other vehicles may easily cross over and use all of said space, and that when required by the City Council, said railroad company shall plank be- tween the rails and make suitable approaches as required by the Council to enable vehicles to easily cross over the same. Sec. 5. Said track shall be so constructed and maintal,ned as not to dam up or obstruct the flow of water in said street and the said railroad company shall at its own expense construct said drainage structures as may be necessary to prevent the damming up or obstruc- tion of flowage of the water in said street. Sec. 6. It is further expressly stipulated and provided th4 all railroad companies now operating tracks in the city shall be entitled. HH Special SesMun, .April 26th, 1946 at any time to have their cars transferred over said tracks, and -all intermediate tracks - of said company, its successors and •as- signs, • which may be ne6essary to be used in order to connect with the track hereby authorized upon the payment of such switching charges which may be uniformly applied within this city and ac- cepted as reasonable between rail- road companies operating within the city. Sec. 7. This Ordinance being deemed urgent and of immediate necessity, shall become effective upon its passage, adoption and ap- proval by the City Council and pub- lication as provided by law and the rights herein granted shall ac- crue to said railroad company when this Ordinance has been accepted by said railroad company, which acceptance shall be endorsed here- on, and when the costs and ex- pense of publishing same have been paid by said railroad company and when the injuries and damage to property abutting upon said streets have been ascertained and com- pensated for, or in lieu thereof, when the record owners of such property and record holders of liens and encumbrances thereon have filed with this Council their consent to the construction and op- eration of such track and waivers and releases of any damages which may be sustained by them on ac- count of the construction and op- eration of the same. Passed upon first reading this 10th day of September, 1945. Passed, adopted and approved on final reading this 1st day of October, 1945. GEO. R. MURPHY,. Mayor Pro Tem FRANK VAN DUELMAN, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Acceptance by Illinois Central Railroad Company Illinois Central Railroad Com- pany does hereby accept all the terms, provisions and conditions of the Ordinance adopted by the City Council, Dubuque, Iowa, entitled: "An Ordinance granting to the Illinois Central Railroad Company, its successors and,assigns, right to r construct and maintain a side= track from its track in Salina Street south of Charter Street thence northeasterly in Salina Street and into* the premises de- scribed as Lots 7, 8 and 9 of Block 13 in Dubuque Harbor Company's addition to the City of Dubuque, Iowa, and providing the terms and conditions thereof; being Ordinance No. 9-45 and that said railroad company does hereby agree to comply with all terms and conditions of said ordinance. ILLINOIS CENTRAL RAILROAD �COMPANY By C. H. MOTTIER, Vice -President and Chief Engineer Published officially in The Tele- graph -Herald newspaper this 29th day of April, 1946. J. J. SHEA, City Clerk Waiver and Release of Damage The undersigned, being the owner of the foll6wing described real es- tate, towit: Lots 3 and 4 of Block "B" and Lot 4 of Block "C", all in Industrial Subdivision in the City of Dubuque, Iowa, according to the recorded plat of said Subdivision, which property abuts Salina Street in the City of Dubuque, Iowa, in which street the Illinois Central Railroad Company purposes to con- struct a spur from the track in said street into the premises described as Lots 7, 8 and 9, Block 13, Du- buque Harbor Company's Addition to the City of Dubuque, Iowa, pur- suant to authority granted by the City of Dubuque, Iowa, in Ordin- ance Number 9-45, approved on final reading October 1st, 1945, in consideration of the building of said spur track by said Railroad Com- pany, does hereby forever waive and release any and all claims the undersigned has or may have for damages against the Illinois Cen- tral Railroad Company, its succes- sors and assigns, resulting from the construction of the aforesaid spur track in Salina Street. Dated this 2nd day of November, 1945. MAIZEWOOD INSULATION CO., (Seal) By Robert W. Hauptli, Vice -Pres. Walter M. Tschirgi, Sec. STATE OF. IOWA COUNTY OF DUBUQUIR j SS: On this 2nd day 'of November, r Special Session; April- 26th, 1946 89 A. D., 1945, beforg me, A Notary Public in .and. for said County, per- sonally appeared Robert W. Haup- tli and Walter M. Tschirgi, to me personplly known, who being -sev- erally duly sworn, did say that they are the Vice -President and Secre- tary respectfully, of said Maizewood Insulation Company, that the seal affixed to said instrument is the seal of said corporation (That no seal has been procured by the said corporation), and that said Instru- ment was signed and sealed on be- half of its Board of Directors and the said Robert W. Hauptli and Walter M. Tschrigi as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. E. Marshall Thomas Notary Public in and for Dubuque County, Iowa. Councilman Van Duelman moved that the Waiver and Release of Damage be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Waiver and Release of Damage The undersigned, being the own- er of the following described real estate, towit: Block 20, Dubuque Harbor Compony's Addition to the City of Dubuque, Iowa, according to the recorded plat of said subdi- vision, which property abuts Salina Street in the City of Dubuque, Iowa, in which street the Illinois Central Railroad Company purposes to con- struct a spur from the track in said street onto the premises described as Lots 7, 8 and 9, Block 13, Du- buque Harbor Company's Addition to the City of Dubuque, Iowa, pur- suant to authority granted by the City of Dubuque, Iowa in Ordinance Number 9-45, approved on final reading October 1st, 1945, in consid- eration of the building of said spur track by said Railroad Company, do hereby forever waive and release any and all claims the undersigned have or may have for damages against the Illinois Central Railroad Company, its successors and as- signs, resulting from the construe - tion of the aforesaid spur track in Salina Street. Dated this 5th day of April, 1946. BART L. MOLO HAROLD E. MOLD WILLIAM S. MOLO• STATE OF IOWA L SS: COUNTY OF DUBUQUE J On this 8th day of April, 1946, be- fore me a Notary Public in and for Dubuque County, Iowa, personally appeared Bart L. Molo, Harold E. Molo and William S. Molo, Jr., to me known to be the identical per- sons named in and who executed the foteging instrument and ac- knowledged that they executed the same as their voluntary act and deed, E. Marshall Thomas Notary Public in and for Dubuque County, Iowa. Councilman Van Duelmar, moved that the Waiver and Release of Damage be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Waiver and Release of Damage The undersigned, being the own- ers of the following described real estate, towit: Lots 7, 8 and 9 Block 13, Dubuque Harbor Company's Ad- dition to the City of Dubuque, Iowa, which property abuts Salina Street in the City of Dubuque, Iowa, in which street the Illinois Central Railroad Company purposes to con- struct a spur from the track in said street onto the premises described as Lots 7, 8 and 9, Block 13, Du- buque Harbor Company's Addition to the City of Dubuque, Iowa, pur- suant to authority granted by the City of Dubuque, Iowa, in Ordin- ance Number 9-45, approved on final reading October 1st, 1945, in consideration of the building of said spur track by said Railroad Company, do hereby forever waive and release any and all -claims the undersigned have or may have for damages against the Illinois Cen- tral Railroad Company, its succes- sors and'assigns, resulting from the construction of the aforesaid spur track in Salina' Street. I)0 Special Session, April 26th, 1946 Dated this 8th day of April, 1946. MEYER MARMIS DAVID SOLOMON STATE OF IOWA l SS: COUNTY OF DUBUQUE J On this 8th day of April, A. D., 1946, before me a Notary Public in and for Dubuque County, Iowa, per- sonalty appeared Meyer Marmis and David Solomon, to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. E. Marshall Thomas Notary Public in and for Dubuque County, Iowa. Councilman Van Duelman moved that the Waiver and Release of Damage be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of March, 1946, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 4-46. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 desig- nated "Zoning Ordiance of the City of Dubuque" so as to change to "Multiple Family" classification certain defined territory now being delimited as "Single Faoily" or "Two Family" Districts, said or- dinance having been passed upon first reading on April 15th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, was presented for final adop- tion. ORDINANCE NO, 4-46 An Ordinance amending and chang- ing the Zoning hlap of the City of Dubuque as provided by Ordinance \o. 3-34 designated "Zoning Ordi- nance of the City of Dubuque" so as to change to "Multipl'e Family" claesi-' fication certain defined territory now being delimited as "Single Family" or "Two Family" Districts. Whereas, it is deemed advisable by the City Council to amend the Zoning Map.of the City of Dubuque as pro- vided by Ordinance No. 3-34, designat- ed as "Zoning Ordinance of the City of Dubuque" so as to change to "Mul- tiple Family" classification certain territory hereinafter described, now delimited as "Single Family" or "Two Family" Districts; and, Whereas, Notice of such proposed change has been published as provid- ed by law and an opportunity afford- ed, to any and all Interested patties and citizens to object thereto at a public meeting held at 7:30 P. M., April 15th, 1946, in the Council Cham- ber in the City Hall; and, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be, and the same is hereby amended and changed as follows: By changing from a "Single Fam- ily" or "Two Family" residence dis- trict the area described as follows: Beginning at the intersection of the centerlines of Highland Place and West Eleventh Street proceeding in a northerly direction on the center line of Highland Place to the ex- tension of the northerly property line of Lot Number 827 of Sub of 824 McDaniel's Sub., thence westerly along the northerly property line of the said lot number 327 to the cen- terline of the alley first west of Highland Place, thence southerly along the center line to the exten- sion of the north property line of Lot'8 of Sub. of Lot 823 and Part of Lot 824, thence westerly along the northerly property line of Lots 8, 7, 6, 5 and 4 of Sub. of Lot 823 and Part of Lot 824, thence south- erly along the westerly line of Lot number 4 of Sub of Lot 823 and Part of Lot 824 to the centerline of West Eleventh Street, thence west- erly along the centerline of West Eleventh to the center line of the alley first east of Center Street, thence northerly on the centerline of the alley first east of Center Streett o the Centerline of Rose Street, thence westerly on the cen- terline of Rose Street to the center- line of the alley first east of Bel- mont Street, thence northerly on the centerline of the alley first east of Belmont Street to the extension of the southerly property line of Lot number 16 of Sub of Lot 3 of M. L. 90, thence easterly along the southerly property line of said lot to the centerline of Cummins Street, thence northerly along the center- line of Cummins Street to the cen- terline of Loras Blvd., thence west- erly along • the centerline of Loras Blvd. to the centerline of the alley first west of Alta Vista, thence south along the centerline of the al- ley first west of Alta Vista to .the ,centerline of Martha Street, thence westerly along the centerline of Martha street to the centerline of Special Session, April 26th, 1946 91 Nevada street, . thence southerly along the centerline of Nevada Street to a, line '100 feet north of the northerly side of University Avenue -thee eastearly and south easterly along this line 100 feet north of the northerly side of Uni- versity Avenue to the line 100 feet north of the northerly side of Rob- inson Street, thence easterly along the line 100 feet north of the north- erly side of Robinson Street to the extension of the centerline of the al- ley first west of Bluff Street be- tween 10th and 11th Streets thence northerly along the extension of the centerline of the said alley and along the centerline of said alley to the centerline of West Eleventh Street thence westerly along the centerline of East Eleventh Street to the centerline of Highland Place, the point of beginning. Sec. 2. This Ordinance shall be in orce and effect ten (10) days frons .nd after its final passage, adoption and Publication as provided by law. Passed upon first reading this 15th day of April, 1946. Passed, adopted and approved upon inal reading this 26th day of April. 1946. ALBERT WHA.RTON Mayor FRANK VAN DUELMAN. F. W. THOMPSON. GEO. R. MURPHY. W. W. MOFFATT. Councilmen. Attest: J.,J. SHEA. City Clerk. Published officially in The Tele- graph -Herald newspaper this 30th day of April, 1946. J. J. SHEA, 4-30-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the follwoing vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 5-46. An Ordinance amending and changing theeZoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 desig- nated "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Family Residence" classification certain defined terri- tory now being delimited as "Two Family Residence District," said or- dinance having been passed upon first reading on April 15th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 5.46 An Ordinance amending and chang- ing' the Zoning Map of the City of Dubuque as provided by Ordinance No, 3-34 designated "Zoning Ordi- nance of the City of D•ubuque'' so as to change to "Multiple Family Residence" classification certain de- fined territory now being delimited as "'Two Famly Residence District" Whereas, it is deemed advisable' by the City Council to amend the . Zoning Map of the City of Dubuque as designated provided as "Z'on ng by nOrdinanc-e ce No. Sot the City of Dubuque" so as to change to "Multiple Family Residence" cer- tain territory hereinafter described,• now delimited as "Two Family Resi- dence District"; and, Whereas, Notice of such proposed change has been published as pro- vided by law and an opportunity afforded to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 o'clock P. M., April 15th, 1946 In the Council Chamber in the City Hall; and, Whereas, no objections have been tiled or made to the proposed change. Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU - Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be, and the same is hereby amended and changed as follows: By changing from a "Two Family Residence District" to "Multiple I`amily Residence" classification the area described as follows: Bounded on the southerly side by 22nd Street, on the easterly side by the Chicago Great Western Railroad tracks, on the northerly side by the City limits and the westerly side by a line 100 feet west of the westerly side of Central Avenue Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as provided by law. Passed upon first reading this 15th day of April, 1946. Passed, adopted and approved upop final reading this 26th day of April, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, FW. THOMPSON, Gim R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA. City Clerk. Published officially In The Tele- graph -Herald newspaper this 30th day of April, 1946. 4-30.1t. J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 6-46. An Ordinance amending Ordinance No. 159 en= titled "An Ordiance Establishing a Single Ward for the City of Du- buque and Dividing the Same irto Election Precincts. Establishing such Precincts and Defining the Boundaries Thereof" by adding. ad- ditional territory to the Sixth Pre- cinct, said ordinance having been 92 Special Session, April 26th, 1946 passed upon first reading of April 16th 1946 and ordered placed on 16tH 1946 and ordered placed on inspection for at least one week be- fore its final, adoption, was present- ed for.final adoption. ORDINANCE NO. 6.46 An Ordinance amending Ordinance No. 159 entitled "An Ordinance Establishing a Single Ward for the City of Dubuque and Dividing the Same into Election Precincts, Estab- lishing such Precincts and Defining the Boundaries Thereof"by adding additional territory to the Sixth Pre- cinct. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE Sec. 1, That Ordinance No. 159, "An Ordinance Establishing a Single Ward for the City of Dubuque and Dividing the Same into Election Pre- cincts, Establishing such Precincts and Defning the Boundaries There- of", "SIXTH PRECINCT" be amended by striking from the de- scription of the said Sixth Precinct the last part thereof, the following: "thence southerly along the west- erly city limits to the place of be- ginning." and inserting in lieu thereof the followng: "thence southerly along the west- erly city limits to the northerly line of Seminary Street and Stout Road, thence westerly along the northerly side of Stout Road to the Asbury Road; thence along the northerly side of the Asbury Road to Avalon Road thence southerly along the westerly side of Avalon Road to the southerly boundary of Hillcrest Road, thence easterly along the southerly boundary of Hillcrest Road to the Northwest corner of Lot 1 of 2 of Mineral Lot 261, thence southerly along thewest- erly boundary of Lot 1 of 2 of Min- eral Lot 261 and Lot 1 of 2 of 1 of 1 of Links Sub, to the southwest cor- ner of Lot 1 of 2 of 1 of 1 of Links Sub, thence easterly along the south boundary line of Lot 1 of 2 of 1 of 1 of Links Sub. to the southerly boun- dary of Asbury road, thence south- easterly along the southerly boun- dary of Asbury Road to the city lim- its and thence southerly along the westerly City limits to the place of beginning." Sec. 2, This Ordinance shall be In force and effect ten (10) days from and after its final passage, adoption and publication as provided by law. Passed upon first reading this 16th day of April, 1946. Passed, adopted and approved upon final reading this 26th day of April, 1946. ALBERT WHARTON, FRANKVAN DUELD AN. F. W. TTIOMPSO, R. MURPHYN, W. W. MOFFATT, Attest: J. J, SHEA, Councilmen. Published officialyyInleTheTele- graph-Herald newspaper this 30th day of April, 1946. 4-30-1t J. J. SHEA, CiClerk. ,Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Thompson. Carried by the following Vbte: Yeas—May6r Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 7-46. An Ordinance amending Ordinance No 10-37, en- titled "Traffic Code of the City of Dubuque" by providing .the condi- tions upon which .a motor vehicle may be parked in parking lots, and by describing a parking lot, pre. sented and read Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nay -*None. Ordinance No 8-46. An Ordinance vacating the alley lying between Brunswick Street and Burden Av- enue from Groveland Place to O'Neill Street in the City of Du- buque, Iowa, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Special Session, ,\pril ,26th,.1946 9.3 Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van'Duelman moved that the ordinance be placed on file with the City Clerk for public ,in- spection for at least one week be- fore its final adoption. Seconded by Councilman Thompon. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Annual report of the Librarian of the Carnegie -Stout Free Public Library for the year ending March 31, 1946, presented and read. Councilman Van Duelman moved that the report be received and placed on file. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Annual report of the Board of Trustees of the Carnegie -Stout free public library for the year ending March 31, 1946, presented and read. Councilman Mruphy moved that the report be received and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. April 22, 1946 'vo the Honorable Mayor and city Council, Dubuque, Iowa Gentlemen: Referring to the pe- tition of A. 0. Millius, Trustee of the Grace Methodist Church, which was referred to me for investiga- tion and report, I herewith submit the following: On May 26, 1943 against the N. 50' of N. 107' of the East Y2 of City Lot 746; which the City purchased at tax sale for $292.43, the penalty was $186.10, also the cost of adver- tising and the making of the cer- tificate amounted to a total of $480.68. The City also paid the tenth installment amounting to $48.73 carrying interest at $3.97, or $52.70, making a total of $533.38.' Respectfully submitted, OTTO F. PULS, City Treasurer Councilman Thompson moved that the communication of City Treasurer Pals be referred to the City Manager to confer with the Trustees of the Grace Methodist Church. Seconded by Councilman Murpy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 18, 1946 Honorable Mayor and City Council of Dubuque, Iowa. Gentlemen: With reference to the Petition for Suspension of Taxes by Mrs. Margaret E. Hogan, referred to the City Council by the Board of Supervisors, while the reason given for the suspension of tax Qs is one provided for by Statute, the statute further provides, Sec. 6950: "such person may file a Petition duly sworn to with the Board of Supervisors stating such fact and giving a statement of pro- perty, real or personal, owned or possessed by such applicant" The Petition herein fails to comply with the above requirement, but there is a space in the Petition for such information. Until the Peti- tion is completed the same can- not be approved and I recommend it be returned to the office of the Board of Supervisors with a copy of this letter. Yours truly, .JOHN J. KINTZINGER City Solicitor Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men :Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 22, 1946 Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the Petition of Sarah Koehler requesting sus- pension of 1945 taxes on Lot 15 Jackson School Sub., this Petition 94 Special Session, April 26th, 1946 should be rejected for the same reason ' given in my report filed with reference to, the Petition of Mrs. Margaret E. Hogan. I recommend this Petition be returned to the office of the Board of Supervisors with a copy of this letter. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Moffatt moved that the recommendation of City Solicitor Kintzinger -be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 18, 1946 In re: Claim of Arthur C. Parker Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the claim of Arthur C. Parker for $5000.00 for damages for injuries received on December 18, 1945, at a place where he slipped and fell on part of the sidewalk on the northerly side of University Avenue which crosses the end of the alley be- tween Alta Vista Street and Cen- ter Place, it appears that ice and snow and frozen slush has accumu- lated at this place and had be- come uneven, rounded, rough and In a dangerous condition, part of which was caused from the dis- charge of water from a drain on the abutting property. He re- ceived a fracture of his hip which resulted in him going to the hos- pital, receiving hospital care and attention and medical and surgical care and attention. He was in the hospital from the time of his in- juries on December 18, 1945 to March 19, 1946. The hospital bill is $667.05 and the medical bill $196.00. From the Mercy Hospital he went to St. Anthony's home where he is still confined. At this time he is walking around on crutches and probably will be for some time in the future. He claims that he .suffered much pain, discomfort and loss of wages. After consultation with his At- torney, Frank R. Lacy, about this matter, they have agreed to ac- cept $750.00 in full payment of the claim. I feel that the condition of. the walk at the place in ques- tion was such as to make a jury question on. the matter of neg11= Bence: I recommend that the claim - be settled for 1750-00- . that a war- rant be issued payable to Frank R. Lacy, attorney for Arthur. C. Parker in the amount of $750.00 and that the same be delivered when a release properly executed is filed by the claimant. Yours truly, JOHN J. KINTZINGER. City Solicitor Councilman Murphy moved that the recommendation of City Soli- citor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $750.00 in favor of Frank R. Lacy, Attorney for Arthur C. Parker, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 18, 1946 Honorable Mayor and City City Council, Dubuque, Iowa. Gentlemen: Inclosed herein in Resolution authorizing sale of the following described real estate, Lot 2 of Sub. 24 and 25 Bonson & Stewart's Sub., Lot 2 of 1 of 24 and 25 Bon - son & Stewart's Sub., to R. F. Trapp for $675.00, and a deed to be executed by the Mayor and Clerk of the City of Dubuque. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Thompson moved that the communication of City Solicitor Iiintzinger be received and filed. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 41-46 Be it resolved by the City COun- cil'of the City -of Dubuque, Iowa, that it is deemed advisable to sell the: Lot 2 of Sub. 24, and 25 Bonson and Stewart's Sub. Lot 2 pf 1 of 24 and 25 Bonson and Ste- .special �Cssion, April 26th, 1946. ' 95 wart's Sub. in the City bf Du. buque, Iowa. to ' R. F. 'Trapp for 'the sum of $675.00 and to execute a Quit Claim Deed of said premises to said grantee and deliver the same to said grantee upon payment of the purchase price. Be it further resolved that the Mayor and Clerk of the City of Dubuque be, and they are hereby authorized to execute said Quit Claim DeeJ on behalf of the City of Dubuque and to affix thereto the official seal of the said City. Passed, adopted and approved this 26th day of April, 1946. ALBERT WHARTON Mayor FRANK VAN DUEL1.14:\N F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest. J. J. SHEA City Clerk Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 17, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treas- urer, City Waterworks, and City Iiealth Department, also a list of claims and list of payrolls for which warrants were drawn dur- ing the month of March, 1946. Respectfully submitted, A. A. RHOMBERG City Manager Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. April 26, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On February 11th sealed bids were received for the furnishing'of one 100 -foot metal aerial ladder tractor type truck as per prepared specifications. The two bids re- ceived were referred to the Coun. cilfor consideration. The attached letter of April 20th from the American-LaFrance-Foa. mite Corp. withdrawing the price of $21,490.91 for a 12 cyl. 240 h.p. 100 foot aerial ladder tractor type truck states the reason for such withdrawal is because of ris- ing cost prices. It is our recommendation that the bid of the Seagrave Corpora- tion for one 12 cyl. 240 h.p. motor, 100 foot aerial ladder tractor type truck for the sum of $21,810.00 less 2% for cash be accepted and a contract entered into providing for such purchase. Respectfully submitted, A. A. RHOMBERG City Manager PERRY KIRCH Chief Fire Dept. Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg and Fire Chief Kirch be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men ;Moffatt, Murphy, Thompson, F'an Duelman. Nays—None. Resolution No. 4216 Whereas, The City of Dubuque, pursuant to an advertisement for bids on the furnishing of fire ap- paratus, did on the 11th day of February, 1946, at ten o'clock a.m., at the City Clerk's office in the City Hall, Dubuque, Iowa, receive bids for the furnishing of one 100 foot metal aerial ladder tractor type truck which said bids were taken under advisement by the City Council; and Whereas, The proposals have been compared and examined and this Council has determined that the most favorable proposal re- ceived was submitted by the Sea- grave Corporation of Columbus, Ohio; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa: That the contract for the furn. fishing of one 100 foot metal aerial ladder tractor type truck in the amount of $21,810.00 less 2O7o cash discount, be awarded to the Sea- g.r a v e Corporation, Columbus, Ohio, and that the contract hereto attached is approved and made a part hereof, and the Alayor and 96 Special Session, April 26th, 1946 Clerk be, • and they are.' hereby authorized and directed to execute the same on behalf of the City of Dubuque, Iowa; Be it Further Resolved, That this resolution being deemed urgent and of im mediate necessity, become effec- tive from and after its final pas - ,.age and adoption by the City Council. Approved and placed on file for public inspection for one week on April 26, 1946. Councilman Van Duelman moved that the resolution be approved and placed on file, together with the form of contract, for at least one week, before final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- man Moffat, Murphy, Thompson, N,an Duelman. Nays—None. April 26. 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the term of Thomas J. Hill as a member of the Police apd Fire Pension Board expired April 1, 1946. It Is necessary that appointment be made for this position for a term expiring April 1, 1950. Respectfully submitted, A. A. RHOMBERG City Manager Councilman Moffatt moved that Mr. Thos. J. Hill be re -appointed as a member of the Police and Fire Pension Board for a term of four years, said term expiring April 1st, 1950. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Dubuque, Iowa April 26, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As -suggested in your action of April 15, 1946, the Planning and Zoning Commission gave further consideration to tite petition of J. E. Lillig, et al., asking for re- zoning of certain property on the westerly side of Alta Vista Street north of Loras Boulevard. Previous recommendation is hereby rescinded and the Planning and • Zoning Commision respect- fully recommends to the City Council to extend the present two- family residence district to include the following area: Beginning at a point in the center line of Loras Boulevard, one hundred and thirty-five feet easterly of the center lines of of Loras Boulevard and Alta Vista Street; thence westerly on the center line of Loras Boulevard to the intersections of the Center line of Loral Boule- vard and the Center line of the alley first westerly of Alta Vista Street; thence northerly along the center line of the alley first westerly of Alta Vista Street to the intersection of the center line of Vernon Street; thence easterly along the center line of Vernon Street an d the center line of Vernon Street extended to a point one hun- dred and thirty-five feet easterly of the center line of Alta Vista Street; same point of beginning and point of ending connecting to the present two-family resi- dence district. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION R. V. McKAY Secretary Councilman Murphy moved that tile recommendation of the Plan- ning and Zoning Commission be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Coun- cilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Dubuque, Iowa April 26, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning and Zoning Com- mission respectfully recommend to City Council the re -zoning to Local Business District Classifica- tion of the present two-family area comprising— Lots 53 and 54, McDaniel's Park Hill Addition on Muscatine Street; and Lots 73 and 74, McDaniel's Park Special Sessiom, April 26th, 1946 97 Hill Addition on- Burlington Street. This will. include the lot men. i coned in the attached petition of Mrs. Catherine Lynch, and therefore be equivalent to grant- ing her petition. However, the Planning and Zoning Commission agreed that a Local Business Dis- trict is needed as this section of the city builds up, and expanded the area to somewhat larger di- mensions. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSIO\ R. V. McKAY Secretary Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission Lie approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Coun• cilman Thompson. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 43-46 Whereas, Carr, Adams & Col- lier Company filed with the City Council a Petition requesting per- mission to use not to exceed 11/Z feet in width of both East Elev- enth and East Twelfth Streets extending for approximately 100 feet east from Cedar Street and permission to cross Cedar Street tt ith light and sprinkler alarm wires. And, Whereas, the City Council has viewed the ground and is of the opinion that the request should be granted. Now, Therefore, Be it Resolved by the City Coun- cil of the City of Dubuque: Sec. 1. That the Carr, Adams & Collier Company, its successors and assigns, be, and it is hereby granted the right and permission io have part of a lumber shed to be erected by it rest upon each East Eleventh Street and East Twelfth Street not to exceed I% feet in width and approximately 100 feet east from Cedar Street, and the right and permission to cross Cedar Street with light and sprinkler alarm wires to said lum- ber shed. Sea 8. That such construction is to be done under the direction and supervision of the Building Inspector rnd City Manager, and ender any rules and regulations they may prescribe. Sec. 3. That the right to place and maintain said lumber shed and wires as aforesaid shall be sub. ject to the continuous control of the City Council, reserving the Light to said City Council to im- pose restrictions and conditions upon the enjoyment thereof as may be reasonably necessary for the protection of the public in- terests, including the right to re. coke and rescind the grant hereby made, if at any time the public interests should so require. Sec. 4. As a further considera. tion of the rights and privileges herein granted, said Carr, Adams & Collier Company, its successors and assigns, assume any liability for damages to persons or pro- perty whic:r may result from the construction and -or mainterbance of said lumber shed and wires as aforesaid, and said Carr, Adams & Collier Company, its successors and assigns, at its own expense agrees to defend any and all claims or actions which may be made or brought against the City because of the construction and -or maintenance of said lumber shed and wires as aforesaid and should the City be required to pay any sure as damages, said Carr, Adams & Collier Company, its successors and asigns, agree to fully reim- burse the City therefor and to hold said City harmless from any dama- ges. Sec. 5. Should the tights and privileges herein granted be re- scinded or revoked, said Carr, Adams & Collier Company, its successors and assigns, at its own expense and upon receipt of notice by registered mail, agrees, within 30 days after receipt of such notice, to remove the lumber shed and wires as aforesaid and herein authorized and to restore the street in as good condition as it was before said construction. Sec. 6. This shall become ef- fective and the rights hereunder shall accrue to Carr, Adams & Collier Company, its successors and assigns, when this Resolution bas been passed by the City Coun- cil and accepted by said Carr, Adams & Collier Company, which 98 Special Session, April 26th,,1946 Acceptance sha•11 be endorsed hereon. Passed,' approved and adopted this 26th day of April, 1946. AIBERT WHARTON Mayor GEO. R, MURPHY FRANK VAN DUELMAN F. R. THOMPSON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Acceptance of Resolution No. 43-46 Carr, Adams & Collier Company, having full knowledge and under- standing of all the terms and con- ditions of Resolution No. 43-46, hereby acepts the same as adopted and agrees to comply with all the terms and conditions thereof. Signed this 3 day of May, 1946. CARR, ADAMS & COLLIER COMPANY J. C. COLLIER President Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—May-.or 'Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 44-46 Whereas, the Planning and Zon- ing Commission recommended to the City Council the extension of the present "Multiple Family Resi- dence District" to include all the Froperty within the following area, which is now in "Two Family Residence District" classifications. Beginning at a point at the intersections of the center lines of Wilson Avenue and West Fifth Street; thence northerly along the center line of Wilson Avenue to a point in line with the rear of the lots fronting in the northerly side of West Fifth Street; thence westerly along the rear line of the lots front- ing on the northerly side of West Fifth Street to the center line of Paulina Street extended; thence southerly along the cen- ter line of Paulina Street and the center line of Paulina Street extended southerly to the cen- ter line of West Third Street; thence easterly along the cen- ter line of West Third Street to. the center lineof Winona Street. Same point of beginning and point of ending connect to the present multiple family resi- dence district. And, Whereas, before the Zon- ing Map and 'Zoning Ordinance of the City may be changed it is necessary that a public hearing be held, And, Whereas, the City Council deems it advisable to hold such public hearing. Now, Therefore Be it Resolved by the City Council of the City of Dubuque: That there should be a public hearing on the question of the extension of the present "Multi- ple Family Residence . District" to include all the property within the following area which is now in "Two Family Residence District" classification: Beginning at a point at the in- tersections of the center lines of Wilson Avenue and West Fifth Street; thence northerly along the center line of Wilson Avenue to a point in line with the rear of the lots fronting in the north- erly side of West Fifth Street; thence westerly along the Year line of the lots fronting on the northerly side of West Fifth Street to the center line of Paulina Street extended; thence southerly along the center line of Paulina Street and the cen- ter line of Paulina Street ex- tended southerly to the center line of West Third Street; thence kasterly along the center line of West Third Street to the cen- ter line of Winona Street. Same point of beginning and point of ending connect to the present multiple family residence dis- trict. That the time and place for the said public hearing be, and the same is .hereby fixed 'for 7:30 o. - clock P.M., the 17th day of May, 1946, in the City Council Cham- ber, City Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph - Herald in the City of Dubuque, Notice of such hearing, t h e same to be published s o a s to leave at least 15 days between the day of such publication and • the day fined for said hearing, said notice shall contain, among others, the provision that any and all par- ties in interest and any and all citi- Special Session, April 26th, 1946 qct zens shall have an opportunity to be heard. Passed, adopted and approved this 26th day of April, 1946.. ALBERT WHARTON Mayor FRANK VAN DUELMAN GEO. R. MURPHY F. W. THOMPSON W. W. MOFFATT Councilmen Attest: J. •J. SHEA. City Clerk Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 45--46' Whereas, the Planning and Zon- ing Commission recommended to the City Council the extension of the present "Multiple Family Resi- dence area which is now in "Two Family Residence District" classi- fication: Beginning at a point in the cen- ter line of West Fifth Street at ap- proximately one hundred feet east- erly of the easterly line of Delhi Street; thence southerly along the center line of College Street to the center line of Allison Place; thence westerly along the center line of Al- lison Place to a point where the centerline of Allison Place extend- ed would intersect the westerly line of Allison Place due to angle in Al- lison Place; thence southerly along the easterly line of Lot 1 of Finley Home Addition to the south east corner of lot one Finley Home Addi- tion: thence westerly along the southerly line of lot one of Finley Home Addition three hundred and eighty five feet to the south west corner of lot one Finley Home Addi- tion; thence northerly along the westerly line of, lot one Finley Home Addition to approximately one hundred feet southerly of Delhi Street. Same point of beginning and point of ending connect with the pres- ent "Multiple Family Residence District". And, Whereas, before the Zoning Map and the Zoning Ordinance of the City may be changed it is necessary that a public hearing be held, And, Whereas, the City Council deems it advisable to hold such Public hearing. Now, therefore, Be it Resolved By The City Coun- cil Of The City Of Dubuque: That there should be a public hearing on the question of the ex- tension of the present "Multiple Family Residence District" to in- clude all the property within the following area which is now in "Two Family Residence District" classification: Beginning at a point in the cen- ter line of West Fifth Street at ap- proximately one hundred feet east- erly of the easterly line of Delhi Street, thence southerly along the center line of College street to the center line of Allison Place; thence westerly along the center line of Allison place to a point where the center line of Allison Place extended would intersect the westerly line of Allison Place due to angle in Allison Place; thence southerly along the easterly line of lot one of Finley Home Addi- tion to the south east corner of lot one Finley Home Addition; thence westerly along the southerly line of lot one of Finley Home Addi- tion three hundred and eighty-five feet to the south west corner of lot ohe Finley Home Addition; thence northerly along the west- erly line of lot one Finley Home Addition to approximately one hun- dred feet southerly of Delhi Street. Same point of beginning and point of ending connect to the pres- ent "Multiple Family Residence District." That the time and place for the said public hearing be and the same is hereby fixed for 7:30 o'clock P.M., the 17th day of May, 1946, in the City Council Chamber, City Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph Herald in the City of Dubuque, notice of such hearing, the same to be so pub- lished so as to leave at least 15 days between the day of such pub- lication and the clay fixed for said hearing, said notice shall contain, among others, the provision that any and all parties in interest and any and all citizens shall have an opportunity to be'heard. Passed, adopted and approved this 26th 'day of April, 1946. 100 Special Session, April -26th, 1946 ALBERT WHARTON Mayor FRANK VAN DUELMAN •F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, .Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 46-46 Whereas, the Planning and Zon- ing Commission recommended to the City Council the rezoning to "Multiple Family Residence Dis- trict" classifications all the area within the following boundaries, except such areas as are not now zoned to a lessor classification. Beginning at the intersection of the center lines of Loras Blvd, and Bluff Street; thence norther- ly along the center line of Bluff Street to the intersection of the center lines of Bluff Street and West Locust Street; thence north westerly along the center line of West Locust Street to the in- tersections of the center lines of West Locust Street and West Seventeenth Street; thence east- erly along the center line of West Seventeenth Street to the inter- sections of the center lines of West Seventeenth Street and Main St,rect; thence northerly along the center line of Main Street to the intersection of the center lines of Main Street and Madison Streets; thence northerly along the center line of Madison Street to the inter- section of the center lines of Madison Street and Seminary Street; thence westerly along the center line of Seminary Street to the intersection of the center lines of Seminary Street and Hogdon Street; thence south along the center line of Hogdon Street and the center line of Hog - don Street extended to the inter- sections of the center lines of Hogdon Street extended and the center line of Cox Street; thence southeasterly along the center line of Cox Street to the inter- section of the center lines of Cox Street and Loras Boulevard; thence easterly along the center line of toras Boulevard to, the intersection of the center lines of Loras Boulevard and Bluff Street which is the point of beginning and the point of ending. And, Whereas, before the Zoning Map and the Zoning Ordinance of the City may be changed it is nec- essary that a public hearing be held, and, Whereas, the City Council deems pit advisable to hold such public hearing. Now, Therefore: Be It Resolved by the City Council of the City of Dubuque: That there should be a public hearing on the question of rezoning to "Multiple Family Residence Dis- trict" classification all the area within the following boundaries, ex- cept such areas as are not now zoned to a lessor classification: Beginning at the intersection of the center lines of Loras Boule- vard and Bluff Street; thence northerly along the center line of Bluff Street to the intersection of the center lines of Bluff Street and West Locust Street; thence northwesterly along the center line of West Locust Street to the intersections of the center lines of West Locust Street and West Seventeenth Street; thence east- erly along the center line of West Seventeenth Street to the inter- sections of the center lines of West Seventeenth Street and Main Street; thence northerly along the center line of Main Street to the intersection of the center lines of Main Street and Madison Streets; thence norther- ly along the center line of Madi- son Street to the intersection of the center lines of Madison Street and Seminary Street; thence westerly along the center line of Seminary Street to the intersection of the center lines of Seminary Street and Hogdon Street; thence south along the center line of Hogdon Street and the center line of Hogdon Street extended to the intersec- tions of the center lines of Hogdon Street extended and the center line of Cox Street;. thence southeasterly along the center line of Cox Street to the T;. Special Session, April 260, '1946 jpl intersection ofthe center lines of Cox Street and Loras•Boulevard; thence easterly along the center line of Loras Boulevard to the intersection of the center lines of Loras Boulevard and Bluff Street which Is the point of beginning and the point of ending. That the time and place for the said public hearing be and the same is hereby fixed for 7:30 o'clock P. M., the 17th day of May, 1946, in the City Council Chamber, C!ty Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph -Herald in the City of Du- buque, notice of such hearing, the same to be so published so as to leave at least 15 days between the day of such publication and the day fixed for said hearing, said no- tice shall contain, among others, the provision that any and all par- ties in interest and any and all citizens shall have an opportunity to be heard. Passed, adopted and approved this 26th day of April, 1946. ALBERT WHARTON, Mayor. 'FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 47-46. Whereas, the trunk lines of the storm sewer system of the City of Dubuque are inadequate and there is need for storm relief sewers to correct this condition in the interest of safeguarding public health and sanitation and in preventing damage to property; and Whereas, a determination of the proper remedies to be applied re- quires a comprehensive plan for a system of storm relief sewers; and Whereas, the Federal Gov6ru- ment has funds available for plan- ning which may be, advanced to non-federal public agencies to make advahce provision for the construc- tion of public works under an agree. ment providing for the repayment of the,interest-free advance, if and when the consth-uction so planned is undertaken; Now, Therefore, Be It Resolved by the City Coun. cil of the City of Dubuque, Iowa that the City Manager be and he is here- by authorized and directed to enter into an agreement with the Bureau of Community Facilities of the Fed. eral Works Agency providing: 1. For an advance of $32,200.00 to the City of Dubuque for the advance Planning of a system of storm relief sewers; 2. Offering to complete such plan preparation; 3. Agree- ing to repay such advance when re- quired in accordance with the regu- lations of the Bureau dated Janu. ary 3, 1946. Passed, adopted and approved this 26th day of April, 1946. ALBERT WHARTON. Mayor F. W. THOMPSON FRANK VAN DUELMAN. GEO. R. MURPHY, W. W. MOFFATT. Councilmen Attest: J. J. Shea. City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelnan. Nays—None. Resolution No. 48-46 Whereas, Heretofore application for Class "B" Beer Permit was filed by the within named applicant, and it has received the approval of this Council; and Whereas, The premises to be oc- cupied by such applicant have been inspected and found to comply with the ordinances of this City and he has filed a proper bond; Now, Therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named appli- cant a Beer Permit. Class "B" Permit Name Address Richard P. Waller 435 Central Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. . 1n 102 Special Session, " P'ril 26th, 1946 Passed', adopted and approved this 26th day of April, 1946. ALBERT WHARTON. Mayor FRANK VAN DUELMAN. F. W. THOMPSON. GEO. R. MURPHY. W. W. MOFFATT. Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Moffatt moved that due to an emergency caused by the illness of Otto F. Puls, City Treasur- er, that City Manager Rhomberg is hereby authorized to sign City checks and that the City Clerk be directed to notify the different banks of the action of the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. Shea City Clerk. Approved 1940, 'Adopted 6. v Councilmen { ... fi0 ,d • attest: ...... �y.., City Cerk Regiilar'Scss1 ,rt, �la� (,til, 1944 1113 City Council (Official.) Regular Session, May 6th, 1946. Council met at 7:30 P.M. Present — Councilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhomberg. Absent— Mayor Wharton. Councilman Murphy moved that Councilman Van Duelman be ap- pointed Mayor Pro Tem of the meet- ing. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Councilmen Moffatt, Mur- phy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Van Duelman not voting. Mayor Pro Tem Van Duelman stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may -properly come before the meeting. Councilman Moffatt moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilman Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Petitions of E. R. Gunter et al, approximately 6200 signers, request- ing the City Council to pass the necessary measures to declare Day- light Saving time in effect in the City of Dubuque, presented and read. Communications of the Torbert Drug Company, Eldo Block and Broadcasting Co., submitting post cards and letters containing ap- proximately 1100 signers in favor of Daylight Saving time and, post cards and letters containing ap- proximately 375 signers opposed to Daylight Saving time, presented and read. Communications of the Torbert Drug Company, Eldo Block and John McEvoy protesting against the proposed change to Daylight Saving time, presented and read. A lengthy discussion was held between those favoring the adop• lion of Daylight Saving time and those opposing the adoption of Day- light Saving time and when this dis- cussion was ended Councilman Moffatt moved that Council recess to consider the matter of Daylight Saving time. Seconded by Coun- cilman Thompson. Carried by the following vote: Mayor Pro Tem Van Duelman, Councilmen Moffatt, M u r p h y, Thompson. Nays—None. Absent—Mayor Wharton. Council recessed at 8:20 P.M. and upon reconvening at 8:30 P.M. Councilman Moffatt stated that the Council has considered all the points in the Daylight Saving time discussion and that the Council was pleased that there has been such a fair discussion and therefore moved that the Daylight Savint schedule be put into force and take effect at 2:00 A.M. On Sunday, May 12th, 1946 and that the Mayor be requested to issue a proclamation as embodied in this motion. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Due] - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Petition of Mrs. W. E. Daykin et al, owners of property in the im- mediate vicinity of the steps lead- ing from Madison Street to the alley that runs into Dorgan Place, and users of said steps, requesting Council to reconsider their action closing the steps leading form Madi- son Street to the alley that runs into Dorgan Place, presented and read. Messrs Walter Daykin and Carl Danglemeyer addressed the Council in support of the petition. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel. man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication .of County Audi- tor Daykin advising that the Board of Supervisors have accepted' an offer of $150.00 on Lots 22, 23, 24, i W Regular Session-, May 6th, 1946 26 of Mills West Dubuque placed on file. Seconded by Coun- 25 and made by Wm. Connery, presented cilman Moffatt. Carrjed by the.fol- and read. Councilman • Thompson lowing vote: that the communication be ' Yeas --Mayor Pro Tem Van Duel. moved to the Council to. view the man, Councilmen Mbffatt, Murphy, referred grounds. Secondaed by Councilman Thompson. Murphy. Carried by the following Nays—None. vote: Absent—Mayor Wharton. Yeas—Mayor Pro Tem Van Duel- Communication of Mrs. Adeline man, Councilmen Moffatt, Murphy, Kluseman, Chairman of the Invita. Thompson, tion Committee of the Memorial Nays—None. Day Parade, extending invitation Absent—Mayor Wharton, to the Mayor and City Council to Communication of County Audi- participate in the Memorial Day Parade, presented and read. Coun- for Daykin advising that the Board cilman Thompson moved that the of Supervisors have accepted an invitation be accepted. Seconded offer of $250.00 on Lots 7, 8 and 9 by Councilman Murphy. Carried by of O'Taylor's Sub. made by Anton the following vote: Zwack, Inc., presented and read. Yeas—Mayor Pro Tem Van Duel - r Councilman Murphy moved that the man, Councilmen Moffatt, Murphy. communication be referred to the • Council to view the grounds. Sec- Thompson. onded by Councilman Thompson. Nays—None. Absent—Mayor Wharton. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel- Communication of F. L. Edwards. man, Councilmen Moffatt, Murphy, Lieutenant Commander, USTNIS Re - gional Information Officer, Chicago, Thompson. Illinois, advising that May 22nd has Nays—None. been designated as Maritime Day Absent—Mayor Wharton, and requesting the Mayor to issue a Proclamation recognizing this oc- Communication of Maurice G. casion, presented and read. Postlet, President, National Insti- Councilman Thompson moved tute of Governmental Purchasing, that the communication be referred Incorporated, extending invitation to the Mayor to take appropriate to the City Council, and all other action. :� by Cbu Public officials who have anything following Moffatt. Carried by the following Carried to do with purchasing, to attend the First Annual Conference and Pro- vote: Yeas—Mayor Pro Tem Van Duel - ducts Exhibit to be held in Chicago. man, Councilmen Moffatt, Murphy, Illinois, on August 19-21, 1946, pre- sented and read. Councilman Thompson. Murphy moved that the communica: Nays—None. tion, be referred to the Council. Absent—Mayor Wharton. Seconded by Councilman Moffatt. Petition of Albert P. Dolan re - Carried by the following vote: questing the installation of a storm Yeas—Mayor Pro Tem Van Duel- sewer in Shiras Avenue in front of man, Councilmen Moffatt, Murphy, Lot 1 of Lot 3 of the Subdivision Thompson. of the North Half of Mineral Lot '309A, presented and read. Nays—None. Councilman Thompson moved Absent—Mayor Wharton. that the petition be referred to the Highway Notice from the Office Council to view the grounds. Sec - of the County Auditor advising thatt onded by Councilman Murphy. Car - the Commissioner appointed to ex- ried by the following vote: amine the expediency of vacating Yeas—Mayor Pro Tem Van Duel - that part of a Highway known as man, Councilmen Moffatt, Murphy, the Le Clere Road in Table Mound Thompson. Township, Dubuque County, Iowa. Nays—None. has reporl ed in favor of the vaca. Absent—Mayor Wharton. tion of the same, presented apd Petition of. V. L, Winterowd et read. Councilman Murphy moved al requesting that a street light be that the Notice be received and 1 installed at the intersection of Regul-ar.Sessiom,. Ma '6th, 1946 105, Audubon and Dexter Streets, pre- senfed and read. Councilman Murphy moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Due] - man, Councilmen Moffatt, Murphy, Thompson. Nays—None., Absent—Mayor Wharton. Communication of Anton Basten submitting offer in the amount of $75.00 for the purchase of Lot 181 of Union Addition, presented and read. Councilman Moffatt moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Deul- man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of Paul F. Smith tendering his resignation as a mem- ber of the Planning and Zoing Com- mission and also as a member of the Board of Adjustment, presented and read. Councilman Murphy moved that the resignation be accepted and a vote of thanks extended to Paul F. Smith for services rendered as a member of the Planning and Zon- ing Commisison and also as a mem- ber of the Board of Adjustment. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Deul- man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton Councilman Thompson moved that Mr. E. Marshall Thomas be appointed as a member of the Plan- ning and Zoning Commission to fill the unexpired term of Mr. Paul F. Smith,'recently resigned, said term expiring May 24; 1949 and also that Mr. E. Marshall Thomas be appoint ed as a member of the Board of Zoning Adjustment to fill the. un expired term of Mr. Paul F. Smith recently resigned, said term expir Ing March 5, 1951. Seconded bi Councilman Murphy. Carried by thf following vote: Yeas --Mayor Pro Tem -Van Duel. nan, Councilmen Moffatt, Murphy, rhompson. Nays—None. Absent—Mayor Wharton. Petition of the Dubuque Women's Club requesting the City Council to strictly enforce the regulations in regard to speeding, to shooting boulevards, to cutting corners and to have motorists observe most carefully the speed regulations in school areas, also to take measures to impress upon pedestrians the necessity of crossing streets only at intersections and to walk with the lights, and further requesting that "Walk" signs be erected under the traffic signals at all corners, especially 7th and Main Streets. 8th and Main Street, 9th and Main Streets and 14th and Central Av- enue, presented and read. Councilman Thompson moved that the petition be referred to the Council for further consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy. Thompson. Nays—None. Absent—Mayor Wharton. Petition of Clarence A. Strub et al requesting that West Third Street between North Grandview Avenue and Algona Street be grad- ed and improved, presented and read. Councilman Murphy moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of the Interstate Power Company submitting copies of proposed Electric and Trans- portation Franchise Ordinances for Council consideration, presented and read. Councilman Thompson moved that the Ordinance be referred to the City Solicitor for Investigation. and report. Seconded by Council- man Murphy. Carried by the follow- ing vote: 106 Regular Scssion, May 6th, 1946 Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy. Thompson. Nays—None. Absent—Mayor Wharton. Proof of publication, certified to by the publishers, of the Financial Report of the City of Dubuque. Iowa, for the Fiscal Year Ending March 31, 1946, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 7-46. An Ordinance amending Ordinance No. 10-37, en- titled "Traffic Code of the City of Dubuque" by providing the condi- tions upon which a motor vehicle may be parked in parking lots, and by describing a parking lot, said ordinance having been passed upon first reading on April 26th, 1946, and ordered placed on file with the City Clerk for public inspection for at least one week before its. final adoption, was presented for final adoption. Ordinance No. 7.46 An Ordinance amending Ordinance No. 10-37, entitled "TRAFFIC CODE of the City of. Dubuque" by providing the conditions upon which a motor vehicle may be parked in parking lots, and by describing a parking lot. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Sec. I. That Paragraph "XIV Parking," of Ordinance No. 10-37, TRAFFIC CODE of Dubuque, be, and the same is hereby amended by adding after RULE 109 the fol- lowing: "RULE 109-a. It shall be un- lawful for any motor vehicle to park in any stall or space in any parking lot within the City of Dubuque without first hav- ing secured the permission of the operator of any parking lot in which stalls or space for parking cars are rented. That a parking lot is a lot in the City of Dubuque where motor vehicles are parked for hire." Sec. 2, This Ordinance shall be in force and effect ten '(10) days from and after its final passage, adoption and publication as pro- vided by law. Passed upon first reading this 26th day of April, 1946. Passed, adopted and approved upon final reading this 6th !lay of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph -Herald newspaper this 8th day of May, 1946. J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordiance No. 8-46. An Ordinance vacating the alley lying between Brunswick Street and Burden Av- enue from Groveland Place to O'Neill Street in the City of Du- buque, Iowa, said ordinance having been passed upon first reading on April 26th, 1946, and ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final adoption, was pre- sented for final adoption. Ordinance No. 8-46 An Ordinance vacating the alley lying between Brunswick Street and Burden Avenue from Groveland Place to O'Neill Street in the City of Dubuque, Iowa. Whereas, a Petition has been filed requesting the vacation of the alley above described. And, Whereas, said Petition was submitted to the Planning and Zon- ing Commission for investigation, report and recommendation, And, Whereas, said Planning and Zoning Commission filed its report recommending the granting of said Petition, with the condition that the Regular Sessions, May 6th, 1946 1417 easements over and in said alley be retained. And, Whereas, the City Council advises that the alley as above de- scribed is not needed for street or alley purposes .and the vacation thereof will not injure, damage. or interfere with the use of or access - ability to private property adjoin- ing said alley and that said alley chould be vacated as requested. Now, Therefore, Be It Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That the alley lying be- tween Brunswick Street and Bur- den Avenue from Groveland Place to O'Neill Street be, and the same is hereby vacated and the public use thereof is hereby annulled. Sec. 2. That the adjacent own- ers thereof shall cause a plat of said vacated alley to be prepared wherein the parts of the alley going to the different adjoining owners shall be given a legal description, whereupon the City of Dubuque shall convey said alley to said re- spective adjoining owners by quit claim deed and the Mayor and Clerk of said City are hereby authorized and directed to execute said deeds on behalf of said city. Quit Claim Deeds are to contain the provision: "Easements over and in said alley are reserved and retained." Sec. 3. That the Clerk be, and he is hereby directed to file a cer- tified copy of this Ordinance in the office of the Recorder of Dubuque County Iowa. Sec. 4. That this Ordinance shall be in force and effect ten days from and after its final passage, adop- tion and approval by the City Coun- cil and publication as provided by law, and when the cost of publish- ing the same has been paid by the Petitioners. Published officially in The Tele. graph -Herald newspaper this 8th day of May, 1946. J. J. SHEA, City Clerk Councilman Moffatt , moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of the Board of Dock Commissioners submitting at- tached annual report covering dock operations from April 1, 1945 to March 31, 1946, presented and read. Councilman Thompson moved that the Annual Report of the Board of Dock Commissioners be received and placed on file. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent Mayor Wharton. May 6, 1946 In re: Claim of Grace C. Hohmann Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the above claim for expenses because of a fall on a defective sidewalk on University Aevnue on or about Feb- ruary 21, 1946, the sidewalk is in a defective condition. The amount of the actual doctor bill is $15.00. I recommend that a warrant be issued payable to Grace C. Hoh- mann in the amount of $15.00 and delivered to her upon delivery to the City of a release properly exe- cuted. Passed upon first reading this ' 26th day of April, 1946. Passed, adopted and approved upon final reading this 6th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $15.00 in favor of Grace C. Hohmann, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- anded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel- 108 Regular Session, May 6th, 1946 man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. April 30, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Rtferring to the at- tached petition of Leo J. Meuser individually and as Executor of the Estate of W. H. Meuser, deceased, the Planning and Zoning COm1nis- sion herewith recommends the ex- tension of the present Business Dis- trict at 23rd Street and Central Avenue to include the area bounded as follows: Beginning at a point on the north- erly line of Lot 3 Brewery Addition one hundred feet westerly of the westerly line of Central Avenue; thence westerly along the norther- ly line of Lot 3 Brewery Addition crossing Carr Street and continuing westerly along the northerly line of Lot 2 of Brewery Addition one hun- dred and twenty-two feet; thence southerly along the northerly exten- sion of the westerly line of Lot 8 of Schaffner's Sub. across Lots 2 and ii Brewery Addition and southerly along the westerly line of Lot 8 of Schaffner's Sub. one hundred feet; thence easterly along the extension of the southerly line of the private alley in Schaffner's Sub. and east- erly along the southerly line of the private alley in Schaffner's Sub. to the northwesterly corner of Lot 1 of the Sub. of Lots 1 and 2 and of the South one-half of Lots r, 6 and 7 of Schaffner's Sub. which point is on the present limit of the business district one hudred feet westerly of the westerly line of Central Avenue, Respectfully submitted, THE DUBUQUE PLANNING AND ZONING COMMISSION By R. V. McKAY Secretary Councilman Murphy moved that the recommendation of the Plan. ning and Zoning Commission be ap- proved and the City Solicitor re- quested to prepare the proper pro- ceedings. Seconded by Councilman Moffatt. Carried by the following vote: Teas— Mayor Pro Tem Van Duel. man, Councilmen Thompson. Nays—None. Absent=Mayor Moffatt, Murphy, Wharton. May 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bonds and desire to have your ap- proval on same for filing: Personal LaVerne A. Temple, City En- gineer, Continental Casualty Co. Hylda Noel Luke, Recreational Director, Bond No. 28214-07-187-46 U. S. Fidelity and Guaranty Co. John C. Oberhausen, Police Judge Continental Casualty Co. - John A. Brady, Clerk of Police Court, Central Surety and Ins. Corp. Allan C. Kane, Cleric in City Water Department, Western Surety Co. Arthur M. Bennett, Park Com- missioner, National Surety Corpor- ation. Respectfully submitted, A. A. RHOMBERG City Manager Councilman Thompson moved that the bonds be approved and placed on file. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 42-46 Whereas, the City of Dubuque, Pursuant to an advertisement for bids on the furnishing of fire ap- paratus, did on the 11th day of Feb- ruary, 1946, at ten o'clock a.m., at the City Clerk's office in the City Hall, Dubuque, Iowa, receive bids for the furnishing of one 100 foot metal aerial ladder tractor type truck which said bids were taken under advisement by the City Coun- cil; and . Whereas,. The proposals have been compared and examined and this Council has determined that the most favorable proposal re- ceived was submitted by the Sea- grave Corporation of Columbus. ,Ohio; Now Therefore, Be It Regular Sessiim, Mai 6t1j, 1946 109 Resolved, By the. City Council of the City of Dubuque, Iowa: That the contract for the furn- ishing of one 100 foot metal aerial ladder tractor type truck in the amount of $21,310.00 less 2c/,, cash discount, be awarded to the Sea- grave Corporation, Columbus, Ohio, and that the contract hereto at- tached is approved and made a part hereof, and the Mayor and Clerk be, and they are hereby authorized and directed to execute the same same on behalf of the City of Du- buque, Iowa; Be It Further Resolved, That this resolution being deemed urgent and of im- mediate necessity, become effective from and after its final passage and adoption by the City Council. Approved and placed an file for public inspection for one week on April 26, 1946. Passed, adopted and approved this 6th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 49-46 Whereas, the Planning and Zon- ing Commission recommended to the City Council the extension of the present "Two Family Residence District" to include all the property within the following area which is now in "Single Family Residence District" classification: Beginning at a point in the cen- ter line of Loras Boulevard, one hundred and thirtyfive feet easter- ly of the center lines of Loras Boule- vard and Alta Vista Street; thence westerly on the center line of Loras Boulevard to the intersec- tions of the Center line of Loras Boulevard and Center line of the alley first westerly of Alta Vista Street; thence northerly along the center line of the'alley first west- erly of Alta Vista Street to the in- tersection of the center line of Ver- non Street; thence easterly along the center line of Vernon Street and the Center line of Vernon Street to a point one hundred and thirty-five feet easterly of the Cen- ter line of Alla Vista Street; same point of beginning and point of end- ing connecting to the present two family residence district. And, Whereas, before the Zoning Map and the Zoning Ordinance of the City may be changed it is neces- sary that a public hearing be held, And, Whereas, the City Council deems it advisable to hold such public hearing. Now, Therefore Be It Resolved by the City Council of the City of Dubuque: That there should be a public hearing on the question of the ex- tension of the present "Two Fam. ily Residence District" to include all the property within the follow- ing area which is now in "Single Family Residence District" classi- fication: Beginning at a point in the Cen- ter line of Loras Boulevard, one hundred and thirty-five feet east- erly of the Center lines of Loras Boulevard and Alta Vista Street; thence westerly on the Center line of Loras Boulevard to the inter- sections of the Center line of Loras Boulevard and the Center line of the alley first westerly of Alta Vista Street; thence northerly along the Center line of the alley first westerly of Alta Vista Street to the intersection of the Center line of Vernon Street; thence east- erly along the center line of Ver- non Street and the Center line of Vernon Street extended to a point one hundred and thirty-five feet easterly of the Center line of Alta Vista Street; same point of begin- ning and point of ending connect- ing to the present two-family resi- dence district. That the time and place for the said public hearing be, and the same is hereby fixed for 7:30 o'clock p.m., the 24th day of May, 1946, in the City Council Chamber, City Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the 110 ' Rcgular Scssion, May 6th, 1946 Telegraph -Herald in the City of Dubuque, Notice of such hearing, the same to be so published so as to leave at least 15 days between the day of such publication and the day fixed for said hearing, said notice shall contain, among othera, the provision that any and all par- tiew in interest and all citizens shall have an opportunity to be heard. Passed, adopted and approved this 6th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 50.46 Whereas, the Planning and Zon- ing Commission recommended to the City Council the area: Lots 53 and 54, McDaniel's Park Hill Addition on Muscatine Street; and Lots 73 and 74, McDaniel's Park Hill Addition on Burlington Street. be rezoned from its present "Two Family Residence District" classi- fication to "Local Business Dis- trict" Classification. And, Whereas, before the Zoning Map and the Zoning Ordinance of the City may be changed it is neces- sary that a public hearing be held, And, Whereas, the City Council deems it advisable to hold such public hearing. Now, Therefore, Be It Resolved by the City Coun• cil of the City of Dubuque: That there should be a Public Hearing on the matter of changing the area: Lots 53 and 54 McDaniel's Park Hili Addition on Muscatine Street; and Lots 7:1 and 74 McDaniel's Parl Hill Addition on Burlington Street from a "Two Family • Residencf 'District" classification to "Loca Business District" classification; that the time and place for said public hearing be, and'the same is hereby fixed for 7:30 o'clock p.m., the 24th day of May, 1946, in the City Council Chamber City Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the Tele- graph -Herald in the City of Du- buque, Notice of such hearing, the same to be published so as to leave at least 15 days between the day of such publication and the day fixed for said hearing, said Notice shall contain, among. others, the provision that any and all parties in interest and any and all citizens shall have an opportunity to be heard. Passed, adopted and approved this 6th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 51-46 Be It Resolved by the City Coun- cil of Dubuque that the following, having complied with the provisions of law relating to the sale of cigar- ettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address A. J. Ender, 534 Rhomberg Ave- nue (Change of address from 2311 Windsor Avenue) Passed, adopted and approved this 6th day of May, 1946. FRANK VAN DUELMAN Mayor Pro Tem F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen ' Attest: J. J. SHEA. City Clerk Regular Session, May 6th, 1940 - 111 Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 52.46 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined. Now, There- fore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Robert J. Bowen, 1105 University Avenue George C. Deyoe, 469 Main Street Frank Reis and Kathryn Reis 509 Eighth Avenue George T. Vrotsos and Spiros D. Coven 605 Main Street Harry N. Gantert and Lucile Gantert 1301 Rhomberg Avenue Martin Meyer and Vernon Meyer 530 East 22nd Street Dell Warren and Ralph Warren 1700 Central Avenue Class "B" Permit for Private Club Dubuque Metal Trades Council Club 290 West 4th Street Class "C" Permit Carl Van Duelman 590 Seminary Street Passed, adopted and approved this 6th day of May, 1946. FRANK VAN DUELMAN Mayor Pro Tem F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel man, Councilmen Moffatt, Murphy Thompson. Nays—None. 'Absent—Mayor Wharton. Resolution No. 5346 Whereas, heretofore applications or Beer Permits were filed by the vithin named applicants and they lave received the approval of this ,ouncil; and Whereas, the premises to be occu- >ied by such applicants have been respected and found to comply with ,he ordinances of this City and they iave filed a proper bond: Now, rherefore, Be It Resolved by the Council of the City of Dubuque that the Man- iger be and is hereby directed to Issue to the following named appli- cants a Beer Permit. Class "B" Permit Name Address Robert J. Bowen 1105 University Avenue George C. Deyoe 469 Main Street Frank Reis and Kathryn Reis 509 Eighth Avenue George T. Vrotsos and Spiros D. Coven 605 Main Street Harry M. Gantert and Lucile Gantert 1301 Rhomberg Avenue Martin Meyer and Vernon Meyer 530 East 22nd Street Dell Warren and Ralph Warren 1700 Central Avenue Class "B" Permit for Private Club Dubuque Metal Trades Council Club 290 West 4th Street Class "C" Permit Carl Van Duelman 590 Seminary Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 6th day of Mal, 1946. FRANK VAN DUELMAN Mayor Pro Tem F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas— Mayor Pro Tem Van Duelman, Councilmen Moffatt, Mur- phy, Thompson. Nays—None. Absent—Mayor Wharton. 112 Regular Session, May 6th, 1'946 There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. J. J. Shea. City Clerk. Approved �q d. ¢__&&_4646 Councilmen: j".V" �. ..... ';..'."...`..''•", l................................... Attest: .... ...... City Clerk. S1A•6al Sc',sicm, May' 17th. 1946 113 City Council (Official.) Special Session, May 17th, 1946. ' Council met at 7:30 P. M. " Present — Councilmen Moffatt, U urphy, Thompson, Van Duelman, City Manager Rhomberg. Absent—Mayor Wharton. Meeting called by order of Coun- cilmen Thompson and Murphy. Councilman Thompson m o v e d that Councilman Van Duelman be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Murphy. Carried by the, following vote: YK Yeas—Councilmen Moffatt, Mur- phy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Van Duelman not vot- ing. Mayor Pro Tem Van Duelman read the call and stated that serv- ice thereof had been duly made and that this meeting was called for the purpose of conducting a public hear- ing upon proposals to amend and change the Zoning Map and the Zoning Ordinance and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of a public hearing upon a -proposal to amend and change the Zoning Map and the Zoning Ordinance in the fol- lowing respects: By extending the present "Multiple Family Residence District" to include all the property within the following area, which is now in "Two Family Residence Dis- trict" classification. Beginning at a point at the intersections of the center lines of Wilson and West Fifth Street; thence northerly along the center line of Wilson Avenue to a point in line with the rear of the lots fronting in the northerly side of West Fifth Street; thence westerly along the rear line of the lots fronting on the northerly side of West Fifth Street to the center line of Paulina Street extended; thence southerly along the center line of Paulina Street and the cen- ter line of Paulina Street extended southerly to the center line of West Third Street; thence easterly along the center line of West Third Street to the center line of Winona Street. Same point of beginning and poipt of ending *connect to the present multiple family residence district, Presented and read. No written remonstances filed and no object- ors present in the Council Chamber at the time of said hearing. Coun- cilman Murphy moved that the Proof of publication be received and filed. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Due]. man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 9-46. An Ordin- ance amending and changing the 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 Family Resi- dence District" classification, cer- tain defined territory now being delimited as "Two Family Resi- dence District" Classification pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson m o v e d that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote:. Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. 114 Special Session, May 17th, 1946 Proof of publication, certified to by the publishers, of notice of a public 'bearing upon a proposal to amend and. change the Zoning -Map and the 'Zoning Ordinance by ex- tending the present "Multiple Fami- ly Residence District" to include all the property within the following area which is now in ,two Family Residence District" classification. Beginning at a point in the center line of West Fifth Street at ap- proximately one hundred feet east- erly of the easterly line of Delhi Street; thence southerly along the center line of College Street to the center line of Allison Place; thence westerly along the center line of Allison Place to a point where the center line of Alli- son Place extended would intersect the westerly line of Allison Place due to angle in Allison Place; thence southerly along the easterly line of Lot One of Finley Home Addition to the southeast corner of Lot One Finley Home Addition; thence westerly along the southerly line of Lot One of Finley Home Ad- dition three hundred and eighty- five feet to the southwest corner of Lot One of Finley Home Ad- dition; thence northerly along the westerly line of Lot One of Finley Home Addition to approximately one hundred feet southerly of Delhi Street. Same point of beginning and point of end- ing connect to the present "Multi- ple Family Residence District," -presented and read. No written remonstrances filed and no object- ors present in the Council Chamber at the time of said hearing. Council. man Moffatt moved that .the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel. man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 10-46. An Ordin. ance amending and changing the 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 Family Resi. dente District" classification cer- tain defined territory now being delimited as "Two Family Rest - deuce District" classification, pre- sented and read. Councilman Thompson moved that the reading just had. be • \considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro 'Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. •Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson 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 Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Proof of publication, certified to by the publishers, of notice of a pub- lic hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance in the fol, lowing respects: by rezoning to "Multiple Family Residence Dis- trict" classification all the area withing the following boundaries, except such areas as are not zoned to a lesser classification, Beginning at the intersection of the center lines of Loras Boulevard and Bluff Street; thence northerly along the center line of Bluff Street to the in- tersection of the center lines of Bluff Street and West Locust Street; thence northwesterly along the center line of West Locust Street to the intersections of the center lines of West Locust Street and West Seventeenth Street; thence easterly along the center line of West Seventeenth to the intersections of the center lines of West Seventeenth Street and Main Street; thence northerly along the center line of Main -Special Session, May 17th, 1.946 115 Street to the intersection of thb center lines of, Main Street and Madison Street; thence northerly along the center line of Madison Street to the inter- section of the center lines of Madi. son Street and Seminary Street; thence westerly along the center line of Seminary Street to the in- tersection of the center lines of Seminary Street and Hogdon Street; thence south along the cen- ter line of Hogdon Street and the center line of Hogdon Street ex- tended to the intersections of the center lines of Hogdon Street ex- tended and the center line of Cox Street; thence southeasterly along the center line of Cox Street to the intersection of the center lines of Cox Street and Loras Boulevard; thence easterly along the center line of Loras Boulevard to the intersec- tion of the center lines of Loras Boulevard and Bluff Street which is the point of beginning and the point of ending, presented and read. No written remonstrances filed and no objectors present in the Council Chamber at the time of said hear- ing. Councilman Thompson moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 11-46. An Ordin- ance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordiance of the City of Dubuque" so as to change to "Multiple Family Residence Dis- trict" classification, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman 'Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Pro Tent Van Duel - man, Councilmen Moffatt, Murphy. Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy. Thompson. Nays—None. Absent—Mayor Wharton. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent Mayor Wharton. Mr. Martin and other returned Veterans addressed the Council ask- ing permission; to erect Quonset Huts in order that they may be pro- vided with places to live. Council- man Murphy moved that this mat- ter be referred to the City Manager and City Solicitor to submit a report back to the City Council as soon as possible. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy. Thompson. Nays—None. Absent—Mayor Wharton. Councilman Moffatt moved that Mr. W. F. Cooper be notified to place with the City of Dubuque a Public Liability Bond in the amount of $10,000.00 covering defective sidewalk on his property located at Third and Main Streets, in order to protect the City of Dubuque in case of damages, this bond to be placed on file with the City of Dubuque within a period of five days .other- wise the sidewalk to be barricaded. Special Session, May-17th,•1946 116 Seconded by Councilman Thompson. Communication of Rev. Louis Carried by the following vote: • Bradshaw entering his protest to. Pro Tem Van Duel- Daylight Saving Time,, presented Yeas—Mayor Moffatt, Murphy, and 'read. Councilman Murphy man, Councilmen moved that the communication be Thompson. received and filed. Seconded by Nays—None. Councilman Thompson. Carried by Absent—Mayor Wharton. the following vote: Notice of Claim of W. E. Briggs yeas—Mayor Pro Tem Van Duel- in the amount of $22.48 for damag- man, Councilmen Moffatt. Murphy, es to his car caused in striking a sewer ditch in the 2100 block on Thompson. Seminary Street, presented and Nays—None. read. Councilman Murphy moved Absent—Mayor Whatton. that the Notice of Claim be referred to the City Solicitor for investiga- Petition of Allen C. Kane, Clerk tion and report. Seconded by Coun- in Water Department, requesting re- cilman Moffatt. Carried by the fol- lease on that portion of his bond lowing vote: covering the period of April 1, 1946 Yeas—Mayor Pro Tem Van Duel- to December 1, 1946 as he has been man, Councilmen Moffatt, Murphy, requested to furnish a new bond covering the period of April 1, 1946 Thompson. to March 31, 1947 and this new bond Nays—None. I has been approved and is now on Absent—Mayor Wharton, file, presented and read. Council- Communication of Edward D. man Moffatt moved that the request Martin, President, Star Spangled be granted. Seconded by Council- Banner Flag House Association, man Murphy. Carried by the follow- Inc., advising that the week of ing vote: June 9th to 16th inclusive had been yeas—Mayor Pro Tem Van Duel- designated 'National Flag Week" man, Councilmen Moffatt, Murphy, and suggesting that a fitting proc- Thompson. lamation be issued for the observ- ance of "National Flag Week," pre• sented and read. Councilman Mur- Absent—Mayor Wharton. phy moved that the communication Petition of Joseph R. Wild re- be referred to the Mayor for appro priate action. Seconded by Council- which lies to the rear of his prop- man Moffatt. Carried by the fol- erty known as Lots 33 and 32 of lowing vote: Littleton and Sawyer's Addition and Yeas—Mayor Pro Tem Van Duel- also submitting an offer in the man, Councilmen Moffatt, Murphy. amount of $100.00 for the purchase Thompson. of City owned property known as Nays—None. Lots 18 and 19 of W. Blake's Sub.. Absent—Mayor Wharton. presented and read. Councilman Communication of the Interstate Murphy moved that the petition be Power Company suggesting that a referred to the Council to view the stop sign be located on the south- grounds. Seconded by Councilman west corner of Twentieth and Elm Moffatt. Carried by the following Streets stopping east bound traf. vote: fic before they enter the Five Point Yeas—Mayor Pro Tem Van Duel- Intersection at Twentieth and Elm man, Councilmen Moffatt, Murphy, Streets, presented and read. Coun- Thompson. cilman Murphy moved that a stop sign be erected as requested when Nays=None. Permission is obtained from the absent—Mayor Wharton. Iowa State Highway Commission. Seconded by Councilman Moffatt. Petition of Mrs. Cora Goodale re- Carried by the following vote: questing the installation of a street Yeas—Mayor Pro Tem Van Duel- fight on Hill Street -just about a' in Councilmen Moffatt, Murphy, block off Dodge Street, presented Thompson. and read. -Councilman Thompson Nays—None. moved that the-.petition be referred Absent—Mayor Wharton. to the Council to view the grounds. Seconded by Councilman Murphy. Special Session, May .17th, 1946 117 Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an offer of $100.00 on Lots 47 and 48 of Finley, Waples & Burton's Addi- tion made by Elmer S. Terry, pre- sented and read Councilman Moffatt moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of County Auditor Daykin advising that the Board of Supervisors have accepted an' offer of $150.00 on Lot 36 of Wm. Blake's Addition made by Kenneth L. Norpel, presented and read. Councilman Murphy moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Agreement between the Federal Works Agency Bureau of Communi- ty Facilities and the City of Du- buque, Iowa, together With Public Voucher amounting to $16,100.00 as initial payment for the purpose of plan preparation for construction of the public work described as a system of storm relief sewers under Title V of the War Mobilization and Reconversion Act of 1944, presented and read. Councilman Murphy moved that the Agreement be re- ceived and placed on file. ' Second- ed by Councilman Moffatt. Carried by 'the following vote: Yeas=Mayor Pro Tem Van Duel- mari, Copincilmen Moffatt, Murphy, Thompson: Nays—None. Absent—Mayor Wharton.. Ordinance N6. 12-46. An Ordin. ance amending .and changing the 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 Family" classi- fication certain defined territory now being delimited as "Single Family" or "Two Family" Districts, presented and read. Councilman Thompson moved that the reading Just had been considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent --Mayor Wharton, Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayo' Wharton. Resolution No. 5446 Whereas, the Planning and Zoning Commission recommended to the City Council the extension of the present Business District at 23rd Street and Central Avenue to in- clude the area bounded as follows which is now in "Two Family Resi- dence District" classification: Beginning at a point on the north- erly line of Lot 3 Brewery Addi- tion One Hundred feet -westerly of the westerly line of Central Ave. nue; thence westerly along the northerly line of Lot 3 Brewery ad. dition crossing Carr Street and 118 Special Sessic;n; continuing westerly along the northerly line of Lot 2 -of Brewery Addition One Hundred and twenty. two feet; thence southerly along the northerly extension 'of the westerly line of Lot 8 of Schaff- ner's Sub. across Lots 2 and 5 Brewery Addition and southerly along the westerly line of Lot 8 of Schaffner's Sub, one hundred feet; thence easterly along the exten- sion of the southerly line of the private alley in Schaffner's Sub. and easterly along the southerly line of the private alley in Schaff- ner's Sub. to the northwesterly corner of Lot 1 of the Sub. of Lots 1 and 2 and of the South one-half of Lots 5, 6 and 7 of Schaffner's Sub. which point is on the present limit of the business district one hundred feet westerly of the west- erly line of Central Avenue And, Whereas, before the Zoning Map and the Zoning Ordinance of the City may be changed it is neces- sary that a public hearing be held, And, Whereas, the City Council deems it advisable to hold such public hearing. Now, Therefore Be It Resolved by the City Council of the City of Dubuque: That there should be a public hearing on the question of the ex- tension of the present Business District at 23rd Street and Central Avenue to include all the property within the area hereinbefore de- scribed which is now in "Two Fami- ly Residence District" classication. That the time and place for the said public hearing be, and the same is hereby fixed for 7:30 o'clock P. M., the 10th day of June, 1946, in the City Council Chamber, City Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be pub- lished in the Telegraph Herald in the City of Dubuque, No- tice of such hearing, the same to be so published so as to leave at least 15 days between the day of such publication and the day fixed for said hearing, said notice shall contain, among .others, the provision that any and all parties in interest and all citizens shall have an opportunity to be heard. May 17th, •1946 Passed, adopted and approved this. 17th day of May, 1946. FRANK VAN .DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- oned by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 55-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Thomas E. Nacos, 1564 Central Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 17th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 56-46 Whereas, application for Class "B" Beer Permit, has been submit- ted to this Couilell for approval and the 'same has been examined: Now, Therefore, �hecial �c�tiiim stay 17th, 1940 11�� Be It Resolved by the• Council of the City of Dubuque that the following' application •be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Rod and Gun Club, 1103 Iowa Street. Passed, adopted and approved this 17th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 57-46 Whereas, heretofore application for Class "B" Beer Permit •was filed by the within named applicant and it has received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicant have been inspected and found to comply with the ordinances of this City and a proper bond has been filed: Now, Therefore, Be It Resolved by the Council of the City. of Dubuque that the Mana- ger be and he is hereby directed to issue to the following named ap- plicant a Beer Permit. Class "B" Permit Name Address Rod and Gun Club, 1103 Iowa Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 17th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Attest: J. J. SHEA. City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by• Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen'Moffatt. Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Dubuque, Iowa May 17, 1946 To the Honorable Mayor and :Members of the City Council City of Dubuque, Iowa Gentlemen: Section 713.04 of the Code of Iowa, 1939, Permanent Reg- istration, provides that the Com- missioner of Registration shall ap- point the two clerks of election for each precinct who shall have charge of the election register. I hereby recommend for your ap- proval the appointment of the fol- lowing named persons to serve as Clerks of Election for each pre- cinct, who shall have charge of the election register: First Precinct—Democratic, Mrs. Thelma Trapp; Republican, Mrs. Lillian Jones. Second Precinct — Democratic, Mrs. Margaret Kinsella; Republi- can, Mrs. Geo. R. Fox. Third Precinct—Democratic, Mrs. Vera S. McAllister; Republican, Mrs. Pearl Hoerner. Fourth Precinct — Democratic, Mrs. Mary Hughes; Republican, Mrs. Martha Hunt. Fifth Precinct—Democratic, Mrs. Laura E. Hohmann; Republican, Mrs. F. W. Trader. Sixth Precinct—Democratic, Mrs. Edna Delaney; Republican, Mrs. Hazel Yokom. Seventh Precinct — Democratic, Mrs. Cecelia Weber; Republican, Mrs. Cora Wolfe. Eighth Precinct — Democratic, Mrs, Anna Weber; Republican, Mr. J. W. Millin. Ninth Precinct — Democratic, Belle Leidinger; Republican, Mrs. Erna Widdowson. Tenth Precinct — Democratic, Mrs. Stella Ball; .Republican, Mrs. Hattie Donats,ch. Eleventh Precinct — Democratic, Mrs. Ida Murray; Republican, Car- rie Saunders. 120 Special Session, May lith, 1946 Twelfth Precinct — Democratic, Mrs. Anna Schaul; Republican, Mrs. Elroy Grasshorn. Thirteenth Precinct — Democra- tic, Mrs. Freda Foell; Republican, Mrs. Marguerite Liddle. Fourteenth Precinct — Democra- tic, Mrs. Veronica Agard; Republi- can, Mrs. Dorothy Bauer. Fifteenth Precinct — Democra- tic, Mrs. Mathilda Manahl; Repub- lican, Mrs. Helen Hohnecker. Respectfully submitted, J. J. SHEA Commissioner of Registration Councilman Thompson moved that the recommendation of the Commissioner of Registration be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. May 17, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning and Zoning Commission respectfully recommends to your Honorable Body denial of the attached petition of the Dubuque Packing Company requesting vacation of part of side- walk on north side of 16th Street adjacent to their property. The Planning and Zoning Commission continues to consider 16th Street the main traffic artery to the future City Island Industrial Project and feels that it should not be narrow- ed; instead, it is the considered Judgment of the Commission that future traffic demands will call for considerable widening, possibly to 100 feet or more. At the meeting at which the above action was taken, the ex. pressed attitude of the Planning and Zoning Commission was that it would be willing at any time to meet the Dubuque Packing Com• pany representatives to discuss al• ternative measures which may bring about the desired result. Yours truly, DUBUQJTE PLANNING AND ZONING COMMISSION By R. V. McKAY Secretary Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved.. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Van Duel - Man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of Fred W. Schroeder submitting offer in the amount of $6,000.00 for the pur- chase of Lot 1 of Lot 2 of part of City Lot 735, commonly known as the old "Hackett Nursery" and sub- mitting a down payment of $500.00 in the form of an enclosed check, presented and read. Councilman Moffatt moved that all of Lot 1 of Lot 1 of Lot 2 of part of City Lot 735, except that part taken for street purposes, be con- veyed to Fred W. Schroeder by Quit Claim Deed and that the Mayor and Clerk be authorized to execute said Quit Claim Deed on behalf of the City of Dubuque, said Quit Claim Deed to be delivered to Fred W. Schroeder upon receipt by the City of Dubuque of the balance of the purchase price of $5,500.00. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murnhy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Murphy moved that the Electric Franchise Ordinance and the Bus Franchise Ordinance be laid over until a full attendance of the Council is present. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilman Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Special Session, May Lith. 1946 121 Thompson. Nays—None. Absent—Mayor Wharton. J. J. SHEA, City Clerk pp�� 40� ' J,,,� Approved V�'i!T1 eN'k,.. opf► c�rr.�.1,1946. ed ��•.•••.•••••• •—...•...... Councilmen: .............. .... ............ I ...................................... a City Clerk. 122 special Session, May 24th, 1946 is provided by' Ordinance No. 3-34, lesignated "Zoning Ordinance of :he City of Dubuque" so as to ;hange to "Local Business District" ,lassification, certain defined ter- ritory now being delimited as "Two Family Residence District" ciassi- Reation, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. City Council (Official) Special Session, May 24th, 1946. Council met at 7:30 P.M. Present — Councilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhomberg. Absent—Mayor Wharton. Meeting called by order of Coun- cilmen Murphy and Moffatt. Councilman Thompson moved that Councilman Van Duelman be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Councilmen Moffatt, Mur- phy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Van Duelman not voting. Mayor Pro Tem Van Duelman read the call and stated that ser- vice thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon proposals to amend and change the Zoning Map and the Zoning Ordinance and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication certified to by the publishers, of notice of a Public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance by chang- ing from "Two Family Residence District" classification to "Local Business] District" classification, Lots 53 and 54 McDaniel's Park Hill Addition on Muscatine Street; and Lots 73 and 74 McDaniel's Park Hill Addition on Burlington Street, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow ing vote: Yeas—Mayor Pro Tem Van Duel. man, Councilmen Moffatt, Murphy Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 13-46. An Ordin ance amending and changing thi Zoning Map of the City of Dubuque Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Val} Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Proof of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance by ex- tending the present "Two Family Residence District" to include all the property within the following area which is now in "Single Fam- ily Residence District" classifica- tion. Beginning at a point in the center line of Loras Boulevard, one hundred and thirty-five feet east- erly of the center lines of Loras Boulevard and Alta Vista Street; thence westerly on the center line of Loras Boulevard to the intersec- tion of the center line of Loras Boulevard and the center line of the alley first westerly of Alta Vista Street; thence northerly along the Special Session, May 24th, 1946 123 center line of the alley first west- erly of Alta Vista Street to the intersection of the center line of Vernon Street; thence easterly along the center line of• Vernon Street and the center line of Ver- non Street extended to a point one hundred and thirty-five feet east- erly of the center line of Alta Vista Street; same point of beginning and point of ending connecting to the present two family residence district, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Piro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 14-46. An Ordin- ance amending and changing the 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 "Two Family Residence District" classification certain de- fined territory now being delimited as "Single Family Residence Dis- trict" classification presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilman Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved. that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be. fore its. final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayo• Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. ' Nays,None. Absent—Mayor Wharton. Messrs. John Kerper, Secretary of Chamber of Commerce, King Herr, Chairman of Aviation Com- mittee of Chamber of Commerce and Geo. Rose addressed the Coun- cil relative to the paving of the runways at the new Airport with concrete paving instead of asphalt paving. Councilman Murphy moved that a Committee from the City Admin- istration be authorized to go to wherever it is deemed necessary to contact Government Officials relative to the paving of the run- ways at the New Airport with con- crete paving. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Pro Tent Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wbarton. Resolution No. 58-46 Resolved by the City Council of the City of Dubuque, Iowa, that Sec- tion 1 (a) of Resolution No. 16-44, a Resolution constituting Agree- ment With The United States Rela. tive to Operation and Maintenance Of The Dubuque Municipal Airport adopted by the City Council of the City of Dubuque, Iowa, March 8, 1944, be amended by striking out the said Section 1 (a) and inserting in lieu thereof the following. Section 1 (a) The Government shall have the right to determine the manner in which the Project shall be conducted and the amount 124 Special Session, May 24th, 1946 of Federal funds to be expended and all other matters relating to the Project, except •that the run- ways are to be constructed of con- crete. The City of Dubuque, Iowa, will cooperate with the Government to ensure prosecution of the Pro- ject without interference or :ninder- ance and agrees to permit the agents and employees of the Gov- ernment, and all persons authorized by the Administrator to enter upon, use and occupy the property to be developed as the Administrator may deem necessary or desif.able In connection with the conduct of the Project. Section 2. That all other provi- sions of said Resolution Constitu ting Agreement With The United States Relative To Operation and Maintenance of the Dubuque Munt- cipal Airport be and are in full force and effect. Section 3. That five (5) certified copies of this Resolution be sent through the Regional Manager of the Civil Aeronautics Administra- tion, 16th Floor, City Hall, Kansas City 6, Missouri. Section 4. This Resolution shall be effective upon acceptance there- of by the Administrator of the Civil Aeronautics Administration of the United States Department of Commerce. Passed, adopted and approved this 24th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Notice of Application for Permit from the War Department, United States Engineer Office, Rock Is land, Illinois, stating that an ap• plication has been received from the U. S. Coast Guard, St. Louis Missouri, for a federal permit t( -onstruct a reinforced concrete dock wharf on timber piling in the Mississippi River at the west ern end of the Dubuque Ice Har- bor, presented and read. Councilman Murphy moved that the Notice be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of the Dubuque Automobile Club advising that the Board of Directors of the Dubuque Automobile Club have expressed whole -hearted approval of the pro- gram of painting lines and curbs in the City Streets and also request- ing that consideration be given to the duplication of such program in the fall before the bad weather starts, presented and read. Councilman Murphy moved that the communication be referred to the City Manager for consideration. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Pro Tem Van Dual - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton, Communication of the Dubuque Automobile Club advising that the Board of Directors have expressed their whole -hearted approval of the program of marking each interec- tion with proper street name signs and suggesting that this program be continued until every intersec- tion is adequately marked with street name signs, presented a.nd read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Thompson. Caried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murph*, Thompson. Nays—None. Absent—Mayor Wharton. Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an offer of $50.00 on Lot 1 of 38 Marsh's Addition made by Clarence and Gertrude Weiner, presented and read. Special Session, May 24th, 1946 125 Councilman Moffatt moved that the ' communication be referred to the Council to view the grounds. Seconded- by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an offer of $350.00 on Lots 59 and 60 of Stafford Addition made by Ralph P. Weitz, presented and read. Councilman Thompson moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of H. R. Hanger, Agent for Mrs. C. A. Kearney, own- er of Lot 2 of Lot 30 in Ann O'Hare's Sub., offering to sell to the City of Dubuque a 25 foot strip of this lot facing West Third Street for the sum of $1,000.00, presented and read. Councilman Murphy moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, :Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Petition of G. H. Holscher again requesting the City Council to or- der the repairing of the storm sew- er which crosses his property on Bradley Street as he is desirous of constructing a residence in the near future on this property, pre- sented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds and that Mr. Holscher be notified to be present at the time the Council are viewing this property. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None, Absent—Mayor Wharton. Petition of Roy Bartels et al re. questing the installation of a street light on the corner of the 1500 block on Auburn and Filmore Streets, Presented and read. Councilman Moffatt moved that the petition be referred to the Coun. cil to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Petition of K. J. Kilby et al re- questing the installation of a drop street light on the end of the alley between Fenelon Place and West 3rd Street on the City steps, pre- sented and read. Councilman Moffatt roved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None, Absent—Mayor Wharton. Communication of Wm. F. Toe. pel, Vice Chairman of the General Committee of the Dubuque Living War Memorial Stadium Committee, advising that at the request of a sub -committee considering t h e means by which an outdoor recrea- tion field, stadium and field house might be procured for Dubuque, he is requesting information as follows with regard to municipal powers so that the best final decision may be arrived at in this matter: 1. Is a public facility compris- ing a stadium and field house in- cluding a further facility in com- pliance with Section 500 of the 1939 Code of Iowa, a memorial building in compliance with Chap- ter 33 of the 1939 Code of Iowa? 2. Could a River Front Improve- ment Commisison be set up in Du- buque which, if established, would have legal authority to levy a tax and issue bonds and have charge of the construction, management, and*operation of a facility such as above described, if the electors of Dubuque desire this type of public improvements? 126 Special Session, May 24th, 1946 3. We would also like to be ad- vised if there are any agencies of the Federal Government which have the authority to make grants, or loan funds, for the construction of such a project. 4. If a River Front Improvement Commission might be established in Dubuque would such a body have the authority to levy a tax for the maintenance, if such a fund were necessary, for the maintenance of this facility in a good state of re- pair and upkeep, presented and read. Councilman Murphy moved that the communication be referred to the City Solicitor. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Petition of the Midwest Lumber Company applying for a building permit to erect a Celotex Cemesto House No. 200, in the City of Du- buque, as per the accompanying plans and specifications, presented and read. Councilman Thompson moved that the petition be referred to the Council for consideration at their next meeting. Seconded by Coun- cilman Murphy. Carried by the foI- lowing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 9-46. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 desig- nated "Zoning Ordinance of the City of Dubuque so as to change to "Multiple Family Residence Dis- trict" classification certain defined territory now being delimited as "Two Family Residence District" classification, said ordinance hav ing been passed upon first reading on May 17th, 1945 and ordered plat• ed on file with the City Clerk for public inspection for at least one week before its final adoption, waE Presented for final adoption. Ordinance No. 9-46 An • Ordinance amending and changing the Zoning Map of the City of Dubuque, as provided by.Or- dinance No. 3-34 designated "Zoning Ordinance of the City of. Dubuque" so as to change to "Multiple Fam- ily Residence District" classifica- tion certain defined territory now being delimited as "Two Family Residence District" classification. Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated as "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Family Resi- dence District" classification cer- tain territory hereinafter described now delimited as "Two Family Residence District" And, Whereas, Notice of such pro- posed change has been published as provided by law and an oppor- tunity afforded to any and all in- terested parties and citizens to ob- ject thereto at a public meeting held at 7:30 p.m., May 17th, 1946 held in the Council Chamber in the City Hall. And, Whereas no objections have been filed or made to the proposed change. Now, Therefore, Be It Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be, and the same is hereby amended and changed as follows: By changing from a "Two Family Residence District" classification to a "Multiple Family Residence District" classification the area de- scribed as follows: Beginning at a point at the inter- section of the center lines of Wil- son Avenue and West Fifth Street; thence northerly along the center line on Wilson Avenue to a point in. line with the rear of the lots fronting in the northerly side of West Fifth Street; thence wester- ly along the rear line of the lots fronting on the northerly side of West Fifth Street to the center line of Paulina Street extended; thence southerly along the center line of Paulina Street and the center line of Paulina Street extended south- erly to the center line of West w. Special Sessi<)n, May 24th, 1946 Third Street; thence easterly along the center line of West Third Street 'to -the center line of Winona Street. Same point of beginning and point of, ending connect to the present multiple family residence district. Sec. 2. . This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as provid- ed by law. Passed upon first reading this 17th day of May, 1946. Passed, adopted and approved upon final reading this 24th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph -Herald newspaper this 28th day of May, 1946. J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 10-46. An Ordin- ance amending and changing the 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 Family Resi- dence District" classification cer. tain defined territory now being delimited as "Two Family Resi- dence District" classification, said ordinance having been passed upon first reading on May 17th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before it: final adoption, was presented fol final adoption. Ordinance No. 10.46 An Ordinance amending ani changing the Zoning Map of thf City of Dubuque as provided b] Ordiance No. 3-34, designated "Zen 127 ing Ordinance of - the `City of Du- buque" so as to change to "Multi- ple Family Residence District" classification certain defined ter- ritory now being delimited as "Two Family. Residence District" classi- fication. "Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated as "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Family Resi- dence District" classification cer- tain territory hereinafter described, now delimited as "Two Family Residence District" And, Whereas, Notice of such proposed change has been publish- ed as provided by law and an op- portunity afforded to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 p.m., May 17th, 1946, in the Council Chamber in the City Hall. And, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, Be It Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be, and the same is here- by amended and changed as fol- lows: By changing from a "Two Family Residence District" to a "Multiple Family Residence District" the area described as follows: Beginning at a point in the cen- ter line of West Fifth Street at ap- proximately one hundred feet east- erly of the easterly line of Delhi St.; thence southerly along the cen- ter line of College Street to the center line of Allison Place; thence westerly along the center line of center line of Allison Place to a point where the center line of Alli- son Place extended would intersect the westerly line of Allison Place due to the angle in Allison Place; thence southerly along the easterly line of lot one of Finley Home Addition to the south east corner of lot one Fin- ley Home Addition; thence west- erly along the southerly line of lot one of Finley Home Addition 128 S1)ecia1 Session, May 24th, 1946 three hundred and eighty five feet to the south west corner of lot one Finley Home addition; thence northerly along the westerly line of lot one Finley Home Addition to approximately one hundred feet southerly of Delhi Street: Same point of beginning and point of ending connect to the Pres- ent "Jlultiple Family Residence Dis- trict." Sec. 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as provid- ed by law. Passed upon first reading this 17th day of May, 1946. Passed, adopted and approved upon final reading this 24th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph -Herald newspaper this 28th clay of May, 1946. J. J. SH EA, City Clerk Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 11.46. An Ordin. ance amending and changing the 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 Family Resi- dence District" classification cer- tain defined territory now being delimited has "Two Fh,mily Resi- dence District' classification, said ordinance having been passed upon first reading on May 17th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, was presented for final adop. tion. Ordinance No. 11-46 An Ordinance amending and changing the 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 "Mul. tiple Family Residence District" classification certain defined terri- tory now being delimited as "Two Family Residence District" classi- fication. Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated as "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Family Resi- dence District" classification cer- tain territory hereinafter describ- ed now delimited as "Two Family Residence District." And, Whereas, Notice of such proposed change has been publish- ed as provided by law and an op- portunity afforded to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 p.m., May 17, 1946 in the Council Chamber in the City Hall. And, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, Be It Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be, and the same is hereby amended and changed as follows: By changing from a "Two Family Residence District" to a "Multiple Family Residence District" the area described as follows: Beginning at the intersection of the center lines of Loras Boulevard and Bluff Street; thence northerly along the center line of Bluff Street to the intersection of the center lines of Bluff Street and West Lo. cust Street; thence north westerly along the center line of West Lo- cust Street to the intersections of the center lines of West Locust Street and West Seventeenth Street; thence easterly along the center line of West Seventeenth Street to the intersections of the caner lines of West Seventeenth Street and Main Street; thence Special Session, May 24th, 1940 121) northerly along the center line of Main Street to the intersection of the center lines of Main Street and Madison Streets;- thence northerly along the center line of '.Madison Street to the intersection of the center lines of Madison Street and Seminary Street; thence westerly along the center line of, Seminary Street to the intersection of the center lines of Seminary Street and Hogdon Street; thence south along the center line of Hogdon Street and the center line of Hogdon Street extended to the intersection of the center lines of Hogdon Street extended and the center line of Cox Street; thence south easterly along the center line of Cox Street to the intersection of the center lines of Cox Street and Loras Blvd.; thence easterly along the center line of Loras Blvd. to the intersection of the center lines of Loras Blvd. and Bluff Street which is the point of beginning and the point of ending. Sec. 2. This Ordinance shall be in force and effect ten (10) (lays from and after its final passage, adoption and publication as provid- ed by law. Passed upon first reading this 17th day of May, 1946. Passed, adopted and approved upon final reading this ,24th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph -Herald newspaper this 28th day of May, 1946. J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor. Wharton. Ordinance No. 12-46. An Ordin- ance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Dubuque" so a, to change to "Multiple Family" classification c e r t a i n defined territory now being delimited as "Single Family" or "Two 1 amily" Districts, said ordinance having been passed upon first reading on May 17th, .1946 and ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final adoption, was pre- sented for final adoption. Ordinance No. 12-46 An Ordinance amending and changing the 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 "Mul- tiple Family" Classification certain defined territory now being delimit- ed as "Single Family" or "Two Family" Districts. Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated as "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Family" classi- fication certain territory herein- after described, now delimited as "Single Family" or "Two Family Districts; and, Whereas, Notice of such proposed change has been published as pro- vided by law and an opportunity afforded to any and all interested parties and citizens to object there- to at a public meeting held at 7:30 p.m., April 15th, 1946, ill the Council Chamber in the City Hall; and, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, Be It Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be, and the same is hereby amended and changed as follows:. By changing from a "Single Fam- ily" or "Two Family" residence dis- trict to "Multiple Family Residence District" classification, the area described as follows: Beginning at the intersection of the centerlines of Highland Place and West Eleventh Street proceed- ing in a northerly direction on the 130 Special Session, May 24th, 1.946 center line of Highland Place to the extension of the northerly property line of Lot Number 827 of Sub. of 824 McDaniels Sub., thence west- erly along the northerly property line of the said lot number 827 to the center line of the alley first west of Highland Place, thence southerly along the center line to the extension of the north property line of Lot 8 of Sub. of Lot 823 and Part of Lot 824 thence westerly along the northerly property line of Lots 8, 7, 6, b, and 4 of Sub. of Lot 823 and Part of Lot 824 thence southerly along the westerly line of Lot number 4 of sub of Lot 823 and Part of Lot 824 to the center. line, of (West Eleventh Street, thence westerly along the center line of West Eleventh to the cen- ter line of the alley first east of Center Street, thence northerly on the center line of the Alley first east of Center Street to the center line of Rose Street, thence westerly on the Center line of Rose Street to the center line of the alley first east of Belmont Street, thence norther- ly on the center line of the alley first east of Belmont Street to the extension of the southerly property line of Lot number 16 of Sub. of Lot 3 of M. L. 90, thence easterly along the southerly property line of said lot to the center line of Cum- mins Street, thence northerly along the center line of Cummins Street to the center line of Loras Blvd., thence westerly along the center line of Loras Blvd. to the center line of the alley first west of Alta Vista, thence south along the cen- ter line of the alley first west of Alta Vista to the center line of Martha Street, thence westerly along the center line of Martha Street to the center line of Nevada Street, thence southerly along the cntr line of Nevada Street to a line 100 feet north of the norther- ly side of University Avenue thence easterly and south easterly along this line 100 feet north of the north- erly side of University Avenue to the line 100 feet north of the north. erly side of Robinson Street, thence easterly along the line 100 feet north of the northerly side of Rob. inson Street to the extension of the center line of the alley first west of Bluff Street between 10th and 11th Streets thence northerly along the extension of the center line of the said alley and along the. center line of said alley. to the center line of West Eleventh Street, thence west. rly along the center line of West Eleventh Street to -the center line of Highland Place, the point of be- ginning. Sec. 2. This Ordinance shall be in force and effect ten (10) days from after its final passage, adop- tion and publication as provided by law: Passed upon first reading this 17th day of May, 1946. Passed, adopted and approved upon final reading this 24th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph -Herald newspaper this 28th day of May, 1946. J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of April, 1946, presented and read. Councilman Moffatt moved that tjle proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Van Duel - i man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton.. Special Session, May 24th, 1946 131 May 22, 1946 the Railroad Company which is In re: Petition of Dubuque Packing attached hereto. Company Respectfully submitted,. Honorable Mayor and City JOHN J. KINTZINGER, Council, City of Dubuque, Iowa City Solicitor Gentlemen: With reference to Councilman Murphy moved that the Petition of the Dubuque Pack- the report of City Solicitor Kintz- ing Company requesting institution inger be received and made a mat - of proceedings for the construction ter of record. Seconded by Council - of a viaduct over and across the man Thompson. Carried by the fol - C. G. and W. Railway Company and lowing vote: the C. M. S. T. P. and P. Railroad Company tracks at either East 16th Peas—Mayor Pro Tem Van Duel - Street or East 14th Street in the man, Councilmen Moffatt, Murphy, City of Dubuque for the reason that Thompson. the same is necessary for the safe- Nays—None. ty and protection of the people, the Absent—Mayor Wharton. statute of Iowa provides: Resolution No. 59.46 S e c. 5910 AUTHORIZATION. Whereas, a Petition has been Cities having a population of five filed by the Dubuque Packing Com - thousand or over shall have power pany requesting the City Council to require any railroad company of the City of Dubuque to require owning or operating any railroad the C. G. and W. Railway Company tracks upon or across any public and C. M. S. T. P. and P. Railroad streets of such city to erect, con- Company to build and construct a struct, reconstruct, complete, and viaduct and approaches over and maintain, to the extent hereinafter across the railroad tracks at either provided, any viaduct upon or along East 16th Street or East 14th such streets, and over or under Street in the City of Dubuque for such tracks including the ap- the reason that the same is neces- proaches thereto, as may be declar- sary for the safety and protection ed by ordinances of such city neces- of the public; sary for the safety and protection And, Whereas, after due consid- of the public eration, the City Council is of the It is further provided by Sec. opinion that a time and place 5911: should be fixed for a hearing on LIMITATIONS. The approaches said Petition and objections there- to any such viaduct shall * * * nor to and that written notice should shall any viaduct be required until be given to said railroad companys. Iowa state commerce commission Now Therefore, -shall, after examination, determine Be It Resolved by the City Coun- the same to be necessary for the cil of the City of Dubuque public safety and convenience, and That the hearing on the Petition the plans of said viaduct prepared of the Dubuque Packing Company as hereinafter provided shall have requesting the City Council to re - been approved by said commission. quire the C. G. and W. Railway Further provisions are made with Company and C. M S. T. P. and P. reference to damage to property be- Railroad Company to construct a cause of the construction, the pro- viaduct and approaches over and cedure for assessing same and the across the railroad tracks at either payment of the same. East 16th Street or East 14th It is provided further as follows: Street, and any and all objections Sec. 5918, HEARING. The thereto, be, and the same is here - by fixed for 7:30 o'clock P.M.; July Council shall fix a time and place where it will consider such mat- 1, 1946, in the City Council Cham- ters and any objections that may her in the City of Dubuque. Iowa, 20 days' be made to the construction of and that not less than notice of such hearing shall such viaduct and the approaches written be given to the C. G. and W. Rail - thereto. I have prepared a Resolution pro- yay Company and C. M. St. P. and Company in accordance viding for hearing on any objet- P. Railroad ' law by the City Solicitor of tions'to the construction of the via. with the' City of Dubuque. duct and providing for .notice on 132 Special Session, May 24th, 1946 Passed, adopted and approved this 24th clay of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilman Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. May 17, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Commission respectfully recommends to your Honorable Body denial of the attached peti- tion of the Dubuque Packing Com- pany requesting vacation of part of sidewalk on north side of 16th Street adjacent to their property. The Planning and Zoning Commis- sion continues to consider 16th. Street the main traffic artery to the future City Island Industrial Proj- ect and feels that it should not be narrowed; instead, it is the consid- ered judgment of the Commission that future traffic demands will call for considerable widening, possibly to 100 feet or more. At the meeting at which the above actiton was taken, the ex- pressed attitude of the Planning and Zoning Commission was that it would be willing at any time to meet the Dubuque Packing Com- pany representatives to discuss al- ternative measures which may bring about the desired result. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION, By R. V. McKay, Secretary. Councilman Thompson moved that the communication be referred back to the Planning and Zoning Commission to meet with the repre- sentatives of the Dubuque Packing Company to discuss alternate meas- ures as suggested in the communica- cation. Seconded by Councilman Moffatt, Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. May 24, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held May 17th, verbal p,pplications were received asking permission to erect "Quonset huts" for use as dwellings. It was ,toted that these huts do not meet the state and local standards for dwell- ings. The effect of permitting sub- standard dwellings of rather drab appearance in established neighbor- hoods with an attendant deprecia- tion of property values was also discussed. It was suggested that consent of adjacent property own- ers be first obtained by the appli- cants and that any permits for such huts be for a limited period. The housing shortage in this city being critical and with veterans and their families in dire need of shel- ter, liberal attitudes and interpreta- tions must be made if suffering is to be averted. It is my recommen- dation that a segregated area be designated upon which "Quonset huts" or similar structures for use as dwellings be permitted for a period of not to exceed five years. City -owned Lot 3 of Randall's Sub. at the easterly end of Mt. Loretta Avenue with the construction of minor access roadways would lend itself for this purpose. A lease ar- rangement could be made with the applicants for a limited period at the termination of which the huts could be removed . Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 60-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Special Session, Al laN, 24th, 1946 133 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 Henkel and Alma Henkel, 241 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 24th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy movad the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 61-46 Whereas, Application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name. Address. John Henkel and Alma Henkel, 241 Main Street. Passed, adopted and approved this 24th day of. May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 62-46 Whereas, Heretofore application for Class "B" Beer Permit was filed by the within named applicants and it has received the approval of this Council; and Whereas, The premises to be oc- cupied by such applicants have been inspected and found to com- ply 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 Man- ager be and he is hereby directed to issue to the following named ap- plicants a Beer Permit. CLASS "B" PERMIT. Name. Address. John Henkel and Alma Henkel, 241 Main Street. Be It Further Resolved that the bond filed by such applicants be and the same is hereby approved. Passed, adopted and approved this 24th day of May, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Electric Franchise Special Ordi- nance, Ordinance No. 15-46 NO. 15-46. An ordinance granting to the Interstate Power Company, a Delaware Corporation, its success- ors and assigns, the right to erect, maintain and operate its existing electric generating, transmission, and distribution facilities and addi. tions thereto, in, under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alleys, bridges, parks, highways, and other places in the City of Dubuque and subse- quent additions thereto, for the pur- pose of producing and distributing electricity for sale to said City and the inhabitants thereof, for light, heat, power, and other purposes for a period of twenty-five (25) years, and regulating the same; repealing 134 Special Session, May 24th, 1946 all existing franchise 'ordinances heretofore granted to Interstate Power Company or its predecessors affecting the production and distri- bution of electricity in the City of Dubuque and requiring the surren- der of all rights thereto by the Grantee or its assigns therein; and providing for the submission of said Ordinance to a vote of the legal voters of said City for approval, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel. man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in - inspection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Bus Franchise Special Ordinance, Ordinance No. 16-46 An Ordinance granting to the Interstate Power Company, a Dela- ware Corporation, its successors and assigns, the right and permis- sion to operate busses for public transportation upon and along the streets of the City of Dubuque, Iowa, and regulating the operation of such busses while upon or along the said streets for a period of ten (10) years; repealing all existing franchise ordinances heretofore granted to Interstate Power Com- pany or its predecessors affecting the operation of a street railway or bus system and requiring the sur- render of all rights thereto by the Grantee or its assigns, therein; and providing for the submission of said Ordinance to vote of the legal voters of said City for approval, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Jan Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- speettion for at least one week be- fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. J. J. SHEA, City Clerk. Approved Op1� GG ... 946. Adopt e c+c.Q.... .. {" Councilmen: .{t -. If% t/ af? ��...... .!............ ......................_.. Attest: ...sk� . 3�+ City Clerk. 0 Regular Session, June 3rd, 1946 13; City Council (Official.) Regular Session, June 3rd, 1946. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Mayor Wharton 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 Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Council, Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Midwest Lumber Co. by John L. Burrell, applying for a building permit to erect a Celotex Cemesto House No. 200, presented and read. Messrs Hodges, Painter and Burrell addressed the Council requesting that the application of the Midwest Lumber Co. for per- mission to erect Celotex Cemesto Houses be granted. Councilman Moffatt moved that the petition of the Midwest Lumber Co. applying for a permit to erect Celotex Ce- mesto Houses be received and filed. Seconded by Councilman Murphy. Carried by the folowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. DEPARTMENT OF COMMERCE Civil Aeronautics Administration May 28, 1946. Kansas City 6, Missouri Mr. A. A. Rhomberg City Manager Dubuque, Iowa Dear Mr. Rhomberg: This will acknowledge receipt of your letter of May 25, 1946, for- warding five copies of Resolution No.'58.46 seeking to amend the AP -4 Agreement for the Dubuque Muni- cipal Airport. We are today forewarding one copy of this Resolution to our Washington office for review and comment. Inasmuch as this office requires only three copies of the Resolut- ion, we are returning the two extra copies for your disposition. Very truly yours, Leonard W. Jurden Regional Administrator Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Mrs. Evelyn A. Smith submitting comments in favor of Daylight Saving Time, presented and rend. Councilman Van Duelman moved that the com- munication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Wayne A. Johnson et al, owners of all the property abutting on both sides of the alley between Auburn and Atlantic Streets and running northerly from Custer Street to Loras Boule. vard, requesting the vacation of said alley, presented and read. Councilman Murphy moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Communication of the Arkell Safety Bag Company, by I. P. Don- alson, Secretary, advising that they 136 Regular Session, June 3rd, 1946 are interested in acquiring the City owned property located on Locust Street, sonth of the Flynn Oil Com- pany, presented and read. Messrs Bart Kane, Manager of the Arkell Safety Bag Co. and Mr. John A. Kerper, Secretary of the Chamber of Commerce, addressed the Coun- cil relative to the communication of the Arkell Safety Bag Co. rela- tive to the acquiring of the City owned property on Locust Street sonth of the Flynn Oil Company. Councilman Murphy moved that the communication be referred to the Council. Seconed by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Coun- cilmen Moffatt, Murphy Thomp- son, Van Duelman. Nays—None Petition of L. B. Wertz Market, by L. B. Wertz, requesting permiss- ion to install an entrance stairs to extend from the alley to the main floor at the rear of 630 Main Street, presented and read. Cquncilman Thompson moved that the petition be referred to the Council to view the grounds. Seconed by Council- manMoffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Jennie Venn, referred to the City Council by the Board of Supervisors, repuesting sus- pension of the 1945 tax on Lot 346 East Dubuque Addition, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigat- ion and report. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mrs. Melba Riniker referred to the City Council by the Board of Supervisors, requesting suspension of the 1945 tax on Lot 1 of Lot 1 of Min. Lot 11 Presented and read. Couhcilmar Van Duelman moved that the .pe- tition be referred to the City Solicitor for investigation and re. port. Seconded by Councilman Murphy. Carried by he following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of St. Joseph Mercy Hospital of Dubuque, and Sisters of Mercy, by Kenline, Roedell, Hoff- mann & Reynolds, their attorneys, requesting the City to initiate and carry forward without unnecessary delay the widening of James Street, also requesting an adequate system of water service and fire protection, also requesting storm water diver- sion as reflected in the accompany- ing plat, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car - led by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Annual report of The Key City Gas Company for the calendar year 1945 submitted in accordance with Franchise stipulations, presented and read. Councilman Murphy moved that the report be referred to the Coun- cil. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 13-46. An Ordin- ance amending and changing the 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 "Local Business District" classification, certain defined ter- ritory now being delimited as "Two Family Residence District" classifi- cation, said ordinance having been Passed upon first reading on May 24th, 1946 and ordered ,placed on Regular Session, June 3rd, 1946 137 file with the City Clerk for public tion and publication as provided by inspection for at least one week be. law. fore its final adoption, was present- ed for final adoption. Passed upon first reading this 24th day of May, 1946. Ordinance No. 13.46 An Ordinance arhending and changing the Zoning Map of the City of Dubuque as provided by Or- dinance No. 3-34, designated "Zon- ing Ordinance of the City of Du- buque" so as to change to "Local Business District" classification, certain defined territory now being delimited as "Two Family Resi- dence District" classification. Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated as "Zoning Ordinance of the City of Dubuque" so as to change to "Local Business District" classification certain territory here- inafter described, now delimited as "Two Family Residence District." And, Whereas, Notice of such proposed change has been publish- ed as provided by law and an op- portunity afforded to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 p.m., May 24th, 1946, in the Council Chamber in the City Hall. And, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUBUQUE: Ses. 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be, and the same is here- by amended and changed as follows: By changing from a "Two Family Residence District" to a "Local Business District" the area describ- ed as follows: Lots 53 and 54, McDaniels Park Hill Addition on Muscatine Street; and Lots 73 and 74, McDaniel's Park Hill Addition on Burlington Street. Sec. 2. This Ordinance shall be in force and effect ten days from and after its final passage, adop- Passed, adopted and approved upon final reading this 3rd day of June, 1946. ALBERT WHARTON Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph -Herald newspaper this 5th day of June, 1946. J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 14-46. An Ordin- ance amending and changing the 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 "Two Family Residence District" classification certain de- fined territory now being delimited as "Single Family Residence Dis- trict" classification, said ordinance having been passed upon first read- ing on May 24th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption. Ordinance No. 14-46 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Or- dinance No. 3-34, designated "Zon- ing Ordinance of the City of Du- buque" so as to change to "Two Family Residence District" classi- fication certain defined territory 138 • Regular Session, June 3rd, 1946 now being delimited as . "Single. Family Residence District" classi- fication. Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated as "Zoning Ordinance of the City of Dubuque" so as to change to "Two Family Residence" classification certain territory here- inafter described now delimited as "Single Family Residence District." . And, Whereas, Notice of such pro- posed change has been published as provided by law and an opportun- ity afforded to any and all inter- ested parties and citizens to ob- ject thereto at a public meeting held at 7:30 p.m., May 24th, 1946, in the Council Chamber in the City Hall. And, Whereas, no objections have been filed or made to the pro- posed change. Now, Therefore Be It Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That the Zoning Map of Zoning Ordinance of the City of Dubuque be, and the same is here- by amended and changed as fol- lows: By changing from a "Single Fam- ily Residence District" to a "Two Family Residence District" the area described as follows: Beginning at a point in the cen- ter line of Loras Boulevard, one hundred and thirty-five feet easter. ly of the center lines of Loras Boulevard and Alta Vista Street; thence westerly on the center line of Loras Boulevard to the inter. sections of the center line of Loras Boulevard and the center line of the alley first westerly of Alta Vista Street; thence northerly along the center line of the alley first wester- ly of Alta VistR Street to the inter- section of the center line of Ver- non Street; thence easterly along the center line of Vernon Street and the center line of Vernon Street extended to a point one hundred and thirty-five feet westerly of the center line of Alta Vista Street; same point of beginning and point of ending connecting to the present two-family residence district. Sec. 2. This Ordinance shall be in force and effect ten days from and after its final passage, adoption and publication as provided by law. Passed upon first reading this 24th day of May, 1946. Passed, adopted and approved upon final reading this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graphy -Herald newspaper this 5th day of June, 1946. J. J. SHEA, 6 -5 -It. City Clerk Councilman Thompson moved the adoption of the ordinance. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. ELECTRIC FRANCHISE SPECIAL ORDINANCE Ordinance No. 15-46 An ordinance granting to the In- terstate Power Company, a Dela- ware Corporation, its successors and assigns, the right to erect, maintain, and operate its existing electric generating, transmission, and distribution facilities and ad- ditions thereto, in, under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alleys, bridges, parks, highways, and oth- er public places in the City of Du- buque and subsequent additions thereto, for the purpose of produc- ing and distributing electricity for sale to said City and the inhabi- tants thereof, for light, heat, pow- er, and other purposes for a period of twenty-five (25) years, and regu- lating the same; repealing all exist- ing franchise ordinances heretofore granted to Interstate Power Com- pany or its predecessors affecting the production and distribution of electricity in the City of Dubuque and requiring the surrender of all rights thereto by the Grantee or its Regular Session, June Std, 1946 139 assigns therein; and providing for the submission of said Ordinance to a vote of the legal voters of said City for approval, said ordinance having been passed upon first read- ing on May 24th, 1946, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ELECTRIC FRANCHISE SPECIAL ORDINANCE ORDINANCE NO. 15-46 An ordinance granting to the Inter- state Power Company, a Delaware Corporation, its successors, and as- signs, the right to erect., maintain, and operate its existing electric generating, transmission, and dis- tribution facilities and additions thereto, in, under, over, along, across, and upon the streets, -lanes, avenue, sidewalks, alleys, bridges, parks, highways, and other public places in the City of Dubuque and subsequent additions thereto, for the purpose of producing and dis- tributing electricity for sale to said city and the inhabitants thereof, for light, heat, power, and other pur- poses for a period of twenty-five (25) years, and regulating the same: repealing all existing franchise ordi- nances heretofore granted to Inter- state Power Company or Its prede- cessors affecting the production and distribution of electricity In the City of Dubuque and requiring the surrender of all rights thereto by the Grantee or its assigns therein; and providing for the submission of said Ordinance to vote of the le- gal voters of said City for approval. Be It ordained by the City Coun- cil of the City of Dubuque: SECTION 1. In consideration of the faithful per- ormance and observance of the con- iitions and reservations hereinafter pacified, the right is hereby granted o the Interstate Power Company, a :orporatton organized under the laws of the State of Delaware, its success- ors and assigns, hereinafter referred to as the Company, the right to erect, naintain, and operate its existing .1ectric generating, transmission, and distribution facilities and additions thereto, in, under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alleys, bridges, parks, highways• and other public places in the City of Dubuque and subsequent additions thereto, for the purpose of producing and distributing electricity for sale to said City and the Inhabi- tants thereof, for light, heat, power, and other purposes in accordance with the laws of the State of Iowa and the' ordinances and regulation: of the City of Dubuque, for a period of twenty-five (25) years following ulfillment of Section XIV hereof. SECTION H. The Company's transmission and distribution system poles, wires, and appurtenances shall be located, erect- ed, and maintained so as to not en- danger or interfere with the lives of persons or to interfere with any -Im- provements the City may deem proper to make, or to unneessarily hinder or obstruct the free use of the streets, alleys, bridges, or other public prop- erty. The City Council, under reasonable regulations, reserves the right to require the Company to place its con- ductors underground and to desig- nate the districts in wnich such work shall be performed, and also to order the removal or relocation of poles, wires and other appurtenances erect - !d by the Company, whenever, in the udgment of the City Council, such action is necessary in the public in- erest, and the Company shall forth- Mth comply with any and all instruc- ions and directives in such matters A Its own expense. Construction and maintenance of he transmission and distribution sys- em shall be in accordance with the pecifications contained in the pub- ication titled "Safety Rules for the Installation of Electric Utilization Equipment" prepared by the United States Bureau of Standards, in force at the time of construction, and un- der the supervision and subject to he restrictions and control of the City Council. SECTION III. In the maintenance ana operation of is electric transmission and distribu- .ion system In the streets, alleys, and Ither public places and in the course if any new construction or additions o its facilities, the Company shall lroceed so as to cause the least pos- Ible Inconvenience to the general iublle: any opening, or obstruction in the streets or other public places, made by the Company In the course of its operations, shall be guarded and protected at all times by the place- ment of adequate barriers, fences, or boardings, the bounds of which dur- Ing periods of dusk and darkness shall be clearly designated by red warning lights. Whenever the Company shall take np or disturb any pavement, side- walk, or other Improvement of any street, avenue, alley, or other public teaestoedIn shall easreplaced con- dition surface as before entry within forty - Alight hours after completion of the Company's work. Upon the failure of the Company to make such restora- tion within such time, or to begin sneh restoration within such time, If the restoration cannot be made within such time, or upon the Com- uany's delay of more than 24 hours 1n the continuation of aeTsttoration the run, the City may 4 Company notice of the City's Intent to cause the restoration to be made and, unless the Company within twenty-four hours after receipt of such notice begins or resumes the restoration, the City may cause the proper restoration to be made, Inctud-- )ng the removal of excess dirt, and the expense of same shall be pald by the Company upon demand by the City. 140 Regular Session, June 3rd, 1946 The Company shall at all times comply with any and all rules and regulations which the City has made or may make applying to the public generally with reference to the re- moval or replacement of pavements and to excavations in streets and other public places, not Inconsistent with their use for the purposes con- templated in this ordinance. SECTION IV. In consideration of the rights grant- ed in Section I hereof, the Company agrees and binds itself to extend Its lines and to serve any and all appli- cants for electric service whose dwell- ing or places of business located within the City of Dubuque, shall have been wired for electricity and who in good faith have entered Into or signified their willingness to enter nto a contract for such service, pro- iided; the Company shall not be re- lulred to extend Its distribution lines, ,xclusive of service drop, in excess of )ne hundred and fifty (150) feet for 'ach customer served, except as fol- lows. In the event that an extension of ine in excess of one hundred and fifty (150) feet for each customer to be served therefrom is required, the Company shall not be required to ex- pend for such extension a sum great- er than three (3) times the total of the estimated annual revenue to be derived from the customer or cus- tomers to be served by said line, and the customer or customers to is served shall be required to pay in ad- dition to the regularly prescribed rates for electricity, a monthly serv- ice charge to cover the cost of addi- tional fixed charges and maintenance, equal to their proportionate share of one per cent 0%) of the cost of the line extension in excess of one hun- dred and fifty (150) feet of length per customer served. Said service charge shall be paid for a period of sixty (60) months or until such time as the total length of line in feet divided by the number of customers served therefrom Is one hundred and fifty (150) feet or less whichever is the lesser period of time. SECTION V. The electric service rendered by he Company shall be subject at all Imes to regulations promulgated by he City Council. The Company shall have the right .o prescribe reasonable service rules .nd regulations for the conduct of its business not Inconsistent with the provisions of this Ordinance and a copy of such service rules and regula- tions shall be kept on file at all times with the City Clerk. SECTION Va The City has, by an Ordinance of even date herewith, granted by a franchise to the Company the right and permission to operate busses for public transportation (hereinafter called "Bus Franchise") upon and along the streets of the City. of Du- buque for a period of ten years, and It is further expressly understood and agreed that if the Electric Franchise hereby granted be lawfully forfeited by the City because the Company has abandoned the operation of Its electric' distributing system, or other- wise, then and in such event the City may, at Its option, also forfeit the Bus Franchise by its declaration so to do. It is further agreed that the Company may, with the consent and approval of the City Council, sell and transfer Its Bus Franchise, and that any such sale or transfer will not constitute a forfeiture of either franchise. SECTION v1. The rates to be charged for elec- tricity sold to the City of Dubuque and to private consumers within the City of Dubuque shall be subject to the control and regulations of the City Council of the City of Dubuque; provided that such rates shall be just, fair, reasonable and compensatory, and shall not he fixed until after rea- sonable notice has been given to the Company of the Intention of the City Council to fix same. Regulations of rates shall be subject to any and all statutes relative thereto now or here- after enacted by competent authority. SECTION VIL For the purpose of keeping the City Council informed as to the rea- sonableness of the rates In effect for he sale of electricity in the City of Dubuque, the Company agrees that on r before the thirty-first day of each May during the life of this Ordinance, t will file with the City Council, a taternent covering the results of its )perations within the City of Du- )uque during the twelve month period ending with the thirty-first day of >ecember preceding the month In vhich the report Is rendered, showing .he amount of revenues received from he sale of electricity, the expense .nd other charges incurred In render - ng such service, together with a tatement of the value of the property .nd plant account clearly setting out the additions and retirements made during the period covered by the re- port, all in sufficient detail for rea- sonable examination and determina- tion of the adequacy or Inadequacy of the rates then in effect. In the event of any rate proceed- ngs, the Company shall afford the City Council or any person or persons employed by it, free access to its hooks and records necessary to estab- lish the adequacy or inadequacy of the rates then in effect or proposed. SECTION VIII. The distribution system of the Company now being operated or here- after Installed shall not be abandoned either In whole or in part, without the written consent of the City Coun- cil. In the event of any failure on the part of the Company to render elec- tric service to the City of Dubuque and the inhabitants thereof as con- templated and provided for by this Ordinance, the City Council shall have the right, upon reasonable not- ice to the Company, to declare this Ordinance and the rights and fran- chise granted thereunder forfeited, Provided however, failure to operate Regular Session, June 3rd, 1946 141 by reason of causes beyond the rea- sonable control of the Company shall not be sufficient grounds to declare - a .forfeiture. SECTION 1X. Should the City of Dubuque desire to acquire by purchase the generating plant and the transmission and dis- tribution system serving the City of Dubuque and the inhabitants thereof, it shall at the expiration of any five year period from and after the first day of September, 1946, give the Com- pany ninety days notice in writing of its intention, whereupon the Company and the City shall each name one rep- resentative and the two so named will choose a third party who shall be a competent appraisal engineer, who, with them, shall constitute a Board of Appraisal which shall immediately proceed to determine the actual value of the generating plant and transmis- sion and distribution system serving the City of Dubuque, taking Into consideration all elements of value recognized by competent authority and law, but without including any value for the franchise herein grant- ed. Such value when determined shall be binding upon both parties subject only to the approval of any duly con- stituted regulatory body or commis- sion whose approval is required by law. Upon payment by the City of an amount equal to the agreed value of the generating plant and transmission and distribution system serving the City of Dubuque, the Company, its successors and assigns, shall deliver and convey to the City free and clear of all incumbrances all rights and title in and to said property and all rights, privileges and franchises granted herein to the Company shall be terminated. SECTION X. The Company shall indemnify and bold the City harmless at all times during the term of this grant, from and against all claims for Injury or damages to persons or property, both real and personal, caused by the con- struction, erection, operation or main- tenance of any structure, equipment appliance or products authorized or used pursuant to authority of this Ordinance. The Company, upon receipt of due notice in writing from the City, shall defend at its own expense, any ac- tion or proceeding against the City of Dubuque arising from the Com- pany's activities in the operation of its electric system. Should a judgment be rendered against the City in any such action, the amount of such judg- ment and costs shall be conclusive against the Company in any action brought by the City against the Oom- pany as to the liability and the amount of damages. SECTION X1. The Company shall grant to the City, free of expense, joint use of any and all poles owned or controlled by It for any proper municipal purpose acceptable to the Company in so far is may be done without interfering with the free use and enjoyment of he Company'9 own wires and fix- .ures, and the City shall hold the ;rantee harmless from any and all tetions, causes of action or damage mused or accruing directly or indi- mectly by or through the placing of :he City's wires or appurtenances 1pon the ooles of the grantee. Prop - ?r regard shall be given to all exist - Ing safety rules governing construc- tion and maintenance in effect at the time of construction. SECTION Xil. Should any section, clause or pro- vision of this Ordinance be declared invalid by a court of record same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so de- clared Invalid. SECTION XIII. This Ordinance when duly ratified by the electors of the City of Du- 3uque, Iowa and accepted by the In- .erstate Power Company, shall be nutually binding upon both parties, their successors and assigns, and it Is understood between the parties hereto that upon the taking effect of this Ordinance, all franchise rights and privileges granted heretofore for the generation, transmission and dis- tribution and sale of electricity, by the City of Dubuque to any electric company, person, firm or corporation, and heretofore owned or held by said Interstate Power Company, or in which said Company has or had an interest, shall terminate as of the effective date of this Ordinance. SECTION XIV. This Ordinance shall take effect and be in force on and after its pass- age by the City Council, its approval and ratification by the legal voters of he City of Dubuque and the accept- ance of its terms by the Grantee or is assigns in writing and its publica- tion In The Telegraph -Herald, the official newspaper of the City of Du- buque. The question whether this Ordi- nance shall be approved and the fore- going franchise take effect shall be submitted to the legal voters of the City of Dubuque to be voted on at a special election to be held on the 8th day of July, 1946. At this election on this question he form of ballot shall be: Shall the following Yes public measure be adopted? No "Shall the Interstate Power Com- pany, its successors and assigns, be granted the right to erect, ex- tend, maintain and operate its ex - miss on eland ectricdi gributiiong facilities and additions thereto in, 'under, over upon the streets,lol ne.9,cravenuesa idewalks, alleys, bridges, parks, highways, and public places In e City Of Dubuqueandsubsequentadditions thereto, for the purpose of produc- Ing salle and for Blight, heat,electrtelty for power, and VP 142 Regular Session, June 3rd, 1946. other purposes, to the said City and the inhabitants thereof for a period provided f and twenty-five the 6years termsand conditions set forth in the Ordi- nance adopted by the City Council on the 3rd day of June, 1946, a copy of which is printed hereon." Passed by the City Council upon first reading May 24th, 1946. Passed by City Council upon final eading June 3rd, 1946. ALBERT WHARTON. Mayor. FRANK VAN DUEI.MAN. F. W. THOMPSON. GEO. R. MURPHY. W. W. MOFFATT. Councilmen. Attest: J. J. SHE City Clerk (Seal of the City of Dubuque) Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. The foregoing ordinance No. 15- 46, together with the notice of special election, was published in The Telegraph -Herald newspaper on June 7th, 14th, 21st and 28th, 1946. BUS FRANCHISE SPECIAL ORDINANCE ORDINANCE NO. 16-46 An ordinance granting to the In- terstate Power Company, a Dela- ware Corporation, its successors and assigns, the right and permis- sion to operate busses for public transportation upon and along the streets of the City of Dubuque, Iowa, and regulating the operation of such busses while upon or along the said streets for a period of ten (10) years; repealing all existing franchise ordinances heretofore granted to Interstate Power Com- pany or its predecessors affecting the operation of a street railway or bus system and requiring the sur. render of all rights thereto by the Grantee or its assigns, therein; and providing for the submission of said Ordinance to vote of the legal vot- ers of said City for approval, said ordinance having been passed upon first reading on May 24th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one weelt before its final adop- tion, was presented for final adop- tion, BUS FRANCHISE SPECIAL ORDINANCE ORDINANCE NO, 16-46 An Ordinance granting to the Ir- terstate Power Company, a Dele- ware Corporation, its successors and assigns, the right and permis- sion to operate busses for public transportation upon and along the streets of the City of Dubuque, Iowa, and regulating the operation of such busses while upon or along the said streets for a period of ten (10) years; repealing all exist- ing franchise ordinances heretofore granted to Interstate Power Com- pany or its predecessors affecting the operation of a street railway or bus system and requiring the sur- render of all rights thereto by the Grantee or its assigns, therein: and providing for the submission of said Ordinance to vote of the legal voters of said City for approval. Be it ordained by the City Coun- cil of the City of Dubuque: SECTION 1. In consideration of the faithful performance and observance of the conditions and reservations herein- after specified, the right is hereby granted to the Interstate Power Com- pany, a corporation organized under the laws of the State of Delaware, its successors and assigns, hereinafter referred to as the Company, the right and permission to operate busses for public transportation as a common carrier upon and along the streets of the City of Dubuque in accordance with the laws of the State of Iowa and the ordinances and regulations of the City of Dubuque, for a period of ten (10) years following fulfillment of Section XIII. hereof. SECTION 11. The Company, its successors and assigns, is hereby granted the right to enter into, upon and along the streets of the City of Dubuque for the purpose of operating its busses to provide local transportation for the residents of said City and other per- sons. It shall establish such routes including stopping points and operate its busses with sufficient headway and at such hours of the day as the City Council may determine to be rea- sonably necessary to adequately serve the needs of the traveling public and In accordance with the restrictions and conditions herein stated. SECTION III Equipment to be used for said transportation system shall be of modern design and constructed suit- ably for the safety, convenience and comfort of the passengers; it shall be kept reasonably clean, adequately lighted and heated and shall bear destination signs, illuminated In peri- ods of darkness and shall be provided with all safety appliances as may be required by the laws of the State of Iowa or the ordinances of the City. of Dubuque. • ILI' 142 Regular Session, June 3rd, 1946. other purposes, to the said City and the inhabitants thereof for a period provided f and twenty-five the 6years termsand conditions set forth in the Ordi- nance adopted by the City Council on the 3rd day of June, 1946, a copy of which is printed hereon." Passed by the City Council upon first reading May 24th, 1946. Passed by City Council upon final eading June 3rd, 1946. ALBERT WHARTON. Mayor. FRANK VAN DUEI.MAN. F. W. THOMPSON. GEO. R. MURPHY. W. W. MOFFATT. Councilmen. Attest: J. J. SHE City Clerk (Seal of the City of Dubuque) Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. The foregoing ordinance No. 15- 46, together with the notice of special election, was published in The Telegraph -Herald newspaper on June 7th, 14th, 21st and 28th, 1946. BUS FRANCHISE SPECIAL ORDINANCE ORDINANCE NO. 16-46 An ordinance granting to the In- terstate Power Company, a Dela- ware Corporation, its successors and assigns, the right and permis- sion to operate busses for public transportation upon and along the streets of the City of Dubuque, Iowa, and regulating the operation of such busses while upon or along the said streets for a period of ten (10) years; repealing all existing franchise ordinances heretofore granted to Interstate Power Com- pany or its predecessors affecting the operation of a street railway or bus system and requiring the sur. render of all rights thereto by the Grantee or its assigns, therein; and providing for the submission of said Ordinance to vote of the legal vot- ers of said City for approval, said ordinance having been passed upon first reading on May 24th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one weelt before its final adop- tion, was presented for final adop- tion, BUS FRANCHISE SPECIAL ORDINANCE ORDINANCE NO, 16-46 An Ordinance granting to the Ir- terstate Power Company, a Dele- ware Corporation, its successors and assigns, the right and permis- sion to operate busses for public transportation upon and along the streets of the City of Dubuque, Iowa, and regulating the operation of such busses while upon or along the said streets for a period of ten (10) years; repealing all exist- ing franchise ordinances heretofore granted to Interstate Power Com- pany or its predecessors affecting the operation of a street railway or bus system and requiring the sur- render of all rights thereto by the Grantee or its assigns, therein: and providing for the submission of said Ordinance to vote of the legal voters of said City for approval. Be it ordained by the City Coun- cil of the City of Dubuque: SECTION 1. In consideration of the faithful performance and observance of the conditions and reservations herein- after specified, the right is hereby granted to the Interstate Power Com- pany, a corporation organized under the laws of the State of Delaware, its successors and assigns, hereinafter referred to as the Company, the right and permission to operate busses for public transportation as a common carrier upon and along the streets of the City of Dubuque in accordance with the laws of the State of Iowa and the ordinances and regulations of the City of Dubuque, for a period of ten (10) years following fulfillment of Section XIII. hereof. SECTION 11. The Company, its successors and assigns, is hereby granted the right to enter into, upon and along the streets of the City of Dubuque for the purpose of operating its busses to provide local transportation for the residents of said City and other per- sons. It shall establish such routes including stopping points and operate its busses with sufficient headway and at such hours of the day as the City Council may determine to be rea- sonably necessary to adequately serve the needs of the traveling public and In accordance with the restrictions and conditions herein stated. SECTION III Equipment to be used for said transportation system shall be of modern design and constructed suit- ably for the safety, convenience and comfort of the passengers; it shall be kept reasonably clean, adequately lighted and heated and shall bear destination signs, illuminated In peri- ods of darkness and shall be provided with all safety appliances as may be required by the laws of the State of Iowa or the ordinances of the City. of Dubuque. Regular Session, June 3rd, 1346 143 SECTION IV. Busses shall not be operated at a greater rate of speed than is con- sistent with the safety of the public; due regard is to be given to the density of traffic upon the streets. All busses shall come to a full stop before crossing railroad tracks and shall not proceed further until It has been ascertained that no locomotive, car or train is approaching the cross- ing. Unless otherwise determined by the City Council In the interest of safety and convenience of the public, all busses, when loading or discharging passengers, shall draw up to the curb and stop at the near side of the street Intersection in spaces set apart for that purpose. In all instances, operation of buss- es shall conform with the traffic laws of the State of Iowa and the ordi- nances of the City of Dubuque now In effect or hereinafter enacted. SECTION V. The rate of fare to be charged passengers for riding upon the busses operated by the Company shall be subject to the control and regulations of the City Council of the City of Dubuque; provided that such fares shall be just, fair, reasonable and compensatory, and shall not be fixed until after reasonable notice has been given to the Company of the intention of the City Council to do so, and further provided that the rate of fare for children twelve years of age and younger shall be one-half of that charged adults, and children in arms shall be carried free of charge. From the first day of September to the thirtieth day of June in each year, Saturdays, Sundays and holi- days excepted (such period constitut- Ing the school term) school children eighteen years of age and younger shall be entitled to ride upon non- transferable half fare tokens, the same to be used only in going to and from public or parochial schools dur- ing the hours of 7:45 A. M. to 4:15 P. M. These tokens shall be sold under the following regulations sub- ject to reasonable modifications by the Company as circumstances de- mand. (a) The Company shall have for sale at its main office such tokens in blocks of forty, and shall sell the same upon presentation of a certifi- cate from the school authority. (b) Any abuse of the privilege granted hereunder will result in the forfeiture thereof, and extensive abuse will result in the forfeiture of this special privilege. Regulation of fares shall at all times be subject to any and all statutes relative thereto now or hereafter en- acted by competent authority. SECTION Va The City has, by an Ordinance of even date herewith, granted a fran- chise to the Company to erect, main- tain and operate Its existing electric distributing system in the City of Dubuque (hereinafter called .Elec- tric Franchise") and it is hereby ex- pressly agreed that If the franchise hereby granted shall be lawfully de- clared forfeited by the City because the Company has abandoned the oper- atlon of the "Bus Franchise," then, and In that event, the City may, at is option, declare the forfeiture of the Electric, Franchise by giving the Company ten days notice of such for- felture In writing, and at the end of said ten day period the Electric Fran- chise will stand forfeited and be of no further force or effect. it is further agreed that the Company, with the consent and approval of the City Council may sell and trans- fer its Bus Franchise, and that any such sale or tranfer shall not con- stitute a forfeiture of either franchise. It is further understood that at the expiration of the Bus Franchise of even date herewith, that this Sec- tion No. Va of this franchise shall no longer be of any force or effect, and nt which time this Section shall be- rome inoperative. SECTION Vl. For the purpose of keeping the City Council informed as to the reason- ableness of the rate of fare In effect, the Company agrees that on or before the thirty-first day of each May dur- ing the life of this Ordinance, it will file with the City Council a state- ment covering the results of Its oper- ations during the twelve-month period ending with the thirty - first day of December preceding the month In which the report is rendered showing the amount of revenue received from bus operations, the expense and other charges Incurred in rendering such service, together with a statement of the value of the property and plant account clearly setting out the value of the additions and retirements made during the period covered by the re- purt, all in sufficient detail for rea- sonable examination and determina- tion of the adequacy or Inadequacy of the rate of fare then In effect. in the event of any rate proceed- ings, the Company shall afford the L'ity Council or any person or persons employed by it, free access to Its pocks and records necessary to estab- ish the adequacy or inadequacy of he rate of fare then In effect or proposed. SECTION VII. The Company shall transport free of charge on its busses as ordinary passengers all policemen regularly employed by the City of Dubuque and wearing the insignia of their office as well as firemen when in full uniform, .vhile occupied in the performance of their official duty. SECTION VIII. The public transportation system of the Company authorized herein shall not be abandoned either in whole or In part, without the written consent of the City Council. In the event of any failure on the part of the Company to render trans- portation service to the public of lated and the pprovided for by this Ordity of Dubuque 8 nance, the Citv Council shall have the right, upon thirty days notice to the Com- pany, to declare this Ordinance and the rights and franchise granted thereunder forfeited, provided, how- te by reon of causes bfaieure yond eyondotheereasonable aontrol of the Company shall not he sufficient grounds to declare a forfeiture. 144 Regular Session, June 3rd, 19=16 SECTION IX.- Should X.Should the City of Dubuque at any time during the life of this Ordinance, desire to acquire by purchase the public transportation system of the Company serving the City of Du- buque, it shall, on September first of any year, give the Company ninety days notice In writing of its inten- tion, 'whereupon the Company and the City shall each name one representa- tive and the two so named will choose a third party who shall be a com- petent appraisal engineer, who with them shall constitute a Board of Ap- praisal which shall Immediately pro- ceed to determine the actual value of the public transportation system of the Company serving the City of Du- buque, taking into consideration all elements of value recognized by com- petent authority and law, but with- out including any value for the fran- chise herein granted. Such value when determined shall be binding upon both parties subject only to the approval of any duly constituted reg- ulatory body or commission whose approval is required by law. Upon payment by the City of an amount equal to the agreed value of the transportation system, the Com- pany, Its successors and assigns, shall deliver and convey to the City free and clear of all incumbrances, all rights, and title in and to said prop- erty and all rights, privileges and franchises granted herein to the Com- pany shall be terminated. SECTION X. The Company shall indemnify and hold the City harmless at all times during the term of this grant, from and against all claims for injury or damage to persons or property, both real and personal, caused by the op- eration or maintenance of any struc- ture or equipment authorized or used pursuant to authority of this Ordi- nance. The Company, upon receipt of due notice In writing from the City shall defend at its own expense, any action or proceeding against the City of Dubuque arising from the Com- pany's activities in the operation of its publl transportation system. Should ? judgment be rendered against the City in any such action, the amount of such judgment and costs shall be conclusive against the Company In any action brought by the City against the Company as to the liability and the amount of dam- ages, SECTION Xl. Should any section, clause or pro- 4sion of this Ordinance be declared nvalid by a court of record, same shall not affect the validity of the Ordinance as a whole or any part hereof, other than the part so de- clared Invalid. SECTION XI] This Ordinance when duly ratified by the electors of the City of Du- buque, Iowa and accepted by the In- terstate Power Company, shall be mutually binding upon both parties, heir successors and assigns, and it Is understood between the parties hereto that upon taking effect of this Ordinance, all franchises, rights, and privileges granted heretofore to the Interstate Power Company or its predecessors for the operation of pub- ic transportation system of any. de- scription, shall terminate as of the effective date of this Ordinance. SECTION XII1. This Ordinance shall take effect and be in force on and after its pass- age by the City Council, its approval and ratification by the legal voters of the City of Dubuque and the ac- ceptance of its terms by the Grantee or its assigns in writing and its pub- ication in The Telegraph -Herald, the official newspaper of the City of Du- buque. The question whether this ordinance shall be approved and the foregoing franchise take effect ?hall be sub- mitted to the legal voters of the City of Dubuque to be voted on at a spe- cial election to be held on the 8th day of July, 1946. At this election on this question the form of ballot shall be: Shall the following Yes public measure be adopted? No "Shall the Interstate Power Com- pany, its successors and assigns, be granted the right and permis- sion to operate busses for public transportation as a common car- rier upon and along the streets of the City of Dubuque in accordance with the laws of the State of Iowa and the City of Dubuque for a period of ten (10) years as provided and upon the terms and conditions set forth in the Ordinance adopted by the City Council on the 3rd day of June, 1946, a copy of which is printed hereon." Passed by the City Council upon first reading May 24th, 1946. Passed by the City Council upon final reading June 3rd, 1946. ALBERT WHARTON. Mayor. FRANK VAN DUELMAN. F. W. THOMPSON. GEO. R. MURPHY. W. W. MOFFATT. Councilmen. Attest: J. J. SHEA City Clerk (Seal of the City of Dubuque) Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, The foregoing ordinance No. 16- 46, together with the notice of special election, was published in Regular Session, June 3rd, 1946 145 The Telegraph -Herald newspaper on June 7th, 14th, 21st and '28th, 1946. Dubuque, Iowa May 28, 1946 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: The Local Board of Review appointed by your Honor- able Body to equalize the taxes for the year 1946 beg to advise that it has completed its work after being in session from the first Mon- day of May, 1946. We have had a number of complaints. and have made personal investigation in each case. Hereto attached you will please find all assessments which have been equalized by the Board. There being no further business for con- sideration the Board of Review has taken final adjournment. Respectfully submitted, C. W. Zieprecht Chairman George Pohl Wm. E. Schaefer Members, Board of Review Attest: J. J. Shea Clerk, Board of Review Councilman Thompson moved that the report of the Board of Re- view be received and placed on file. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. I recommend that his claim be allowed in the . sum of $32.00 and that a warrant be issued payable to John Hickey for that amount and delivered to him upon delivery to the City of a release properly exe- cuted by him. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $32.00 in favor of John Hickey, as settle- ment in full of his claim, and that said warrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. May 27, 1946 In re: Claim of John Hickey Honorable Mayor and City Council City of Dubuque, Iowa Gentlemen: With reference to the above claim, on January 25, 1946, claimant fell on an icy cross- walk while crossing the alley at 12th Street at the rear of St. Luke's Church fracturing his left ankle in two places. This walk was covered with dangerous ice. Mr. Hickey has been laid up since said time and the amount he claims is $32.00 being the amount of his doctor bill. June 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bond and policy and desire to have your approval on same for filing: Excavation Geo. I. Beaves, 2531 Windsor Av- enue, Bond No. 218160 Western Surety Company. Traveling Plumbing Co., 1748 Audubon Street, Policy No. MC 592502 General Accident Fire and Life Assurance Corporation. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the May 17th meeting of the City Council the petition of Joseph R. Wild requesting the vacation -of ,,,;.o. J� ..- - 146 Regular Session, June 3rd, 1946 the alley in the rear of Lots 32 and 33 of Littleton and Sawyer's Add. and offering $100.00 for the pur- chase of city owned Lots 18 and 19 of W. Blake's Add. was referred to the council to view the grounds. The council having viewed the property and noted the offer to be contingent upon the alley being va- cated decided to refer the re- quested vacation to the Planning and Zoning Commission for recom- mendation and report. I recommend that the action of the council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Murphy m9ved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the council held May 6, 1946, the petition of Mrs. W. E. Daykin et al requesting recon- sideration of the action taken April 15th in closing the steps from Madi- son Street in the alley leading to Dorgan Place was referred to the council to view the grounds. The council having viewed the premises on May 30th decided to rescind the former action and to order the steps repaired and open- ed. I recommend that the decision of the council be confirmed and that the steps be repaired and opened to Pedestrians. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thkompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 3. 1946. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: On May 30th the council viewed the following tax sale properties and decided to reject the offers made to purchase the parcels from Dubuque County: Lots 47 and 48 Finley, Waples and Burton's Add. offer of $100.00 made by Elmer S. Terry. Lots 59 and 60 of Stafford Add. offer of $350.00 by Ralph P. Weitz, Lots 3 and 4 of the Sub. of Lot 168 of L. H. Langworthy's Add. offer of $100.00 by Clarence L. Wagner. I recommend that the action of the council in rejecting the offers be confirmed and the County Audi- tor notified of such action. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be confirmed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Waterworks, and City Health Department, the yearly reports the City Auditor and City Treasurer, also a list of claims and list of pay- rolls for which warrents were drawn during the month of April, 1946. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Regular Session, June 3rd, 1946 147 June 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On May 30th the council viewed the following locations for which petitions had been received re- questing installations of street lights: Auburn and Fillmore Streets Audubon and Dexter Streets Easterly end of alley between Fenelon Place and West Third Streets, adjacent to the steps. The council decided to grant the requests and order streetlights in- stalled at the three locations. I recommend that the decisions of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy Thompson, Van Duelman. Nays—None. June 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the May 6th meeting of the coun- cil the petition of Clarence Strub et al requesting the grading and improvement of West Third Street from North Grandview Avenue to Algona Street was referred to the council to view the grounds. De- velopment of this street to a width of 50 feet necessitates the pur- chase of three parcels of land on the northerly side of the street at which point the right-of-way is presently only 25 feet in width. The southerly 25 feet of Lot 2 of 30 of Ann O'Hare's Sub on the Grandview Avenue end has been of- fered the city for $1,000.00 through H. R. Hanger, agent for Mrs. C. A. Kearney. I have negotiated with the owners of the 25 foot strips needed from Lots 24 and 25 of Ann O'Hare's Sub. Both owners agree to sell for $350.00 each. I recommend that the City Coun- cil authorize the purchase of these Parcels by the passage of the at- tached resolution and that a grade be adopted for West Third Street from North Garndview Avenue to Algona Street. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Resolution No. 63-46 Whereas, the City Council of the City of Dubuque deems it desir- able and necessary to provide a width of fifty feet of West Third Street from North Grandview Ave- nue to Algona Street; and Whereas, the acquistion of the southerly 25 feet of Lot 2 of 30, the southerly 25 feet of Lot 1 of 1 of 24, and the southerly 25 feet of the East 107.94 feet of the North 135 feet of Lot 25, all in Ann O'. Hare's Sub. are necessary to accom- plish this purpose, Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the City Manager be authorized to ac- quire the southerly 25 feet of Lot 2 of 30 of Ann O'Hare's Sub. for $1,000.00; the southerly 25 feet of Lot 1 of 1 of 24 of Ann O'Hare's Sub. for $350.00 and the southerly 25 feet of the East 107.94 feet of the North 135 feet of Lot 25 of Ann O'Hare's Sub. for $350.00; and Be It Further Resolved that there be and there is hereby appropriated the sum of Seventeen Hundred Dollars ($1,700.00) for the above outlined purchases from the Con- solidated Fund. Passed, adopted and approved this 3rd day of June, 1946, ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk 148 Regular Session, June 3rd, 1946 Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 3, 1946 To the Honorable Mayor, and City Council, Dubuque, Iowa. Gentlemen: The communication of Geo. M. Schroeder, Rural Route No. 1, mak- ing application for fire protection for his property on the Sageville Road opposite the Shooting Park was referred to the City Manager for investigation. Fire Chief Kirch has looked into the situation and reports that no dependable water supply is avail- able and access to the various buildings from the highway is poor. I, therefore, recommend denial of the application for fire protect- ion. Very truly yours, A. A. Rhomberg, City Manager. Councilman Murphy moved that the recommendation of City Mana- ger Rltomberg be approved. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted is Profile No. 1312 showing the proposed grade on Hillcrest Road; Profile No. 1313 showing the proposed grade on Mullin Road; Profile No. 1314 showing the proposed grade on Ogilby Road; Profile No. 1316 showing the proposed grade on Chaney Road; Profile No. 1316 showing the proposed grade on Morningview Road; Profile No .1317 showing the proposed grade on Broadlawn Road; Profile No. 1318 showing the proposed grade on Avalon Road; Profile No. 1319 showing the proposed grade on Valleyview Road; Profile No. 1320 showing the proposed grade on Asbury Road; Profile No. 1321 showing the proposed grade on Seminary Street and Stout Road. I recommend that the proposed grades be approved as shown on the profiles and Ordinances be passed establishing stich grades. Respectfully submitted, LaVerne O. Temple, City Engineer. Councilman Moffatt moved that the recommendation of City Engin- eer Temple be approved. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 17.46 An ordinance establishing a grade on Hillcrest Road from the south- west property line of Asbury Road to the west property line of Avalon Road, presented and read. Council- man Van Duelman moved that the reading lust had been considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Council - Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- pection for at least one week be- fore its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Regular Session, June 3rd, 1946 149 Ordinance No. 1846 An ordinance establishing a grade on Mullin Road from the south property line of Asbury Road to the north property line of Hillcrest Road, presented and read. Council- man Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—Nona. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final Adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 19-46 An ordinance establishing a grade on Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor 'Wharton, Council - nen Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Thompson, Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 20.46 An ordinance establishing a grade on. Chaney Road from the south property line of Asbury Road to the north property line of Hill- crest Road, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 21.46 An ordinance establishing a grade on Morningview Road C rom the south propertyline o Road to the north property line of Hillcrest Road, presented and read. Councilman Thompson moved that the reading just had be considered 150 Regular Session, June 3rd, 1946 the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, Ordinance No. 22-46 An ordinance establishing a grade on Broadlawn Road from the south property line of Asbury Road to the north property line of Hillcrest Road, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be. .fore its final adoption. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 23.46 An ordinance establishing a grade on Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road, presented and read. Council- man Murphy moved that the read- ing just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Councilman Murphy 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 Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Ordinance No. 24-46 An ordinance establishing a grade on Valleyview Road from the west property line of Chaney Road to the east property line of Avalon Road, presented and read. Council- man Murphy moved that the read- ing just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- man Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three Regular Session, June 3rd, 1946 1;1 separate days: Seconded by Coun- cilman .Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public inspect- ion for at least one week before its final adoption. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 25.46 An ordinance establishing a grade on Asbury Road from the West Corporation Line on the Section Line between Section 22 and Sec- tion 23, T 89 N, R 2 E of the 5th Principal Meridian to the west property line of Avalon Road, pre- sented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy 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 Conn cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 26.46 An ordinance establishing a grade on Stout Road from the West Cor- poration Line to the northeast prop- erty of Asbury Road, presented and read. Councilman Moffatt moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Moffatt moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Thompson, Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Moffatt 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 Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 27-46 An ordinance establishing a grade on Seminary Street from the west property line of St. Ambrose Street to the West Corporation Line, pre- sented and read. Councilman Moffatt moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Moffatt moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Sconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays- -None. 152 Regular Session, June 3rd, 1946 Councilman Moffatt 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 Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 64.46 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that it is deemed advisable to sell Lot 181 of Union Addition in the City of Dubuque, Iowa to Anton Basten for the sum of Seventy -Five and no -100 ($75.00) Dollars and to execute a quit claim deed of said premises to said grantee and deliver the same to him upon the payment of said purchase price. Be It Further Resolved that the Mayor and Clerk of said City of Dubuque, be, and they are hereby authorized to execute said deed on behalf of the City of Dubuque and to affix thereto the official seal of said city. Passed, adopted and approved this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second. ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 65.46 Whereas, Lots 7, 8 and 9 of O. Taylor's Sub. in the City of Du- buque, Dubuque County, Iowa, was sold on February 3, 1936, to Du- buque County, Iowa by the County Treasurer of Dubuque County, Iowa, for the delinquent taxes and un- paid taxes against the real estate for the years 1928 to 1934, inclu- sive; and Whereas, the said Dubuque Coun- ty, Iowa desires to sell the above described real estate to Anton Zwack, Inc. for $250.00; and Whereas, the sale of said prop- erty by Dubuque County, Iowa to Anton Zwack, Inc. for a sum less than the total amount stated in the tax certificate including all endorse- ments of subsequent general taxes, interests and costs requires the written approval of a majority of all tax -levying and tax -certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to Anton Zwack, Inc. for the sum of $250.00 in cash be and the same is hereby authorized and approved. Passed, adopted and approved this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 66-46 Whereas, Lot 1 of 38 of Marsh's Add. in the City of Dubuque, Du- buque County, Iowa, was sold on January 2, 1939, to Dubuque Coun- ty, Iowa by the County Treasurer of Dubuque County, Iowa, for the de- linquent taxes and unpaid taxes against the real estate for the years 1935 to 1937, inclusive; and Whereas, the said Dubuque Coun- ty, Iowa desires to sell the above described real estate to Clarence and Gertrude Weiner for $50.00; and Whereas, the sale of said proper- ty by Dubuque County, Iowa to Clarence and Gertrude Weiner for a sum less than the total amount Regular Session, June 3rd, 1946 .153 stated in the tax certificate includ- ing all endorsements of subsequent general taxes, interests and costs requires the written approval of a majority of all tax -levying and tax. certifying bodies having any inter- est in said general taxes; Now, Therefore, Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa that the sale of said property to Clarence and Gertrude Weiner for the sum of $50.00 in cash be and the same is hereby authorized and approved. Passed, adopted and approved this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men, Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 67-46 Whereas, Lot 36 of Wm. Blake's Add. in the City of Dubuque, Du- buque County, Iowa, was sold on February 3, 1936, to Dubuque Coun- ty, Iowa by the County Treasurer of Dubuque County, Iowa, for the delinquent taxes and unpaid taxes against the real estate for the years 1929 to 1934, inclusive; and Whereas, the said Dubuque Coun- ty, Iowa desires to sell the above described real estate to Kenneth L. Norpel for $150.00; and Whereas, the sale of said proper- ty by Dubuque County, Iowa to Ken- neth L. Norpel for a sum less than the total amount stated in the tax certificate including all endorse- ments of subsequent general taxes, intrests and costs requires the writ - en approval of a majority of all tax - levying and tax -certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to Kenneth L. Norpel for the sum of $150.00 in cash be and the same is hereby authorized and approved. Passed, adopted and approved this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 68.46 Whereas, Lots 22, 23, 24, 25 and 26 of Mill's West Dubuque in the City, of Dubuque, Dubuque County, Iowa, were sold on February 3, 1936, to Dubuque County, Iowa by the County Treasurer of Dubuque County, Iowa, for the delinquent taxes and unpaid taxes against the real estate for the years 1930 to 1934, inclusive; and Whereas, the said Dubuque Coun- ty, Iowa desires to sell the above described real estate to Wm. Con- nery for $150.00; and Whereas, the sale of said prop- erty by Dubuque County,' Iowa to Wm. Connery for a sum less than the total amount stated in the tax certificate including all endorse- ments of subsequent general taxes, interests and cost requires the writ- ten approval of a majority of all tax-lvying and tax -certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the sale of said property to Wm. Connery for the sum of $150.00 in cash be and the carne is hereby authorized and approved. 154 Regular Session, June '3rd, 1946 Passed, adopted and approved this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman VanDuelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of April 26th the communication of Linwood Cemetery Association of- fering to sell Lot 1 of 3 of the Sub- division of Lots 11, 12 and 13 of the N. E. 1/4 of Section 13 for play- ground purposes to the City of Du- buque for the sum of $1,500.00 was referred to the council to view the grounds. The council having visited the site and realizing the need for a playground in that area decided to purchase the property. I recommend that the decision of the council be confirmed. Respectfully submitted, A. A. RHOMBERG City Manager Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 69-46 Whereas, the Master Plan of the City of Dubuque proposes a play- ground in the vicinity of the inter- section of Burden and Windsor Avenues, and Whereas, the City Council of the City of Dubuque deems, it desirable and necessary to provide such play- ground space, and Whereas, the acquisition of Lot 1 of 3 of the Subdivision of Lots 11, 12 and 13 of 'the North East 1/4 of Section 13, T 89 N, R 2 E is necessary to accomplish this pur- pose; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the City Manager be, and he is hereby authorized to acquire Lot 1 of 3 of the Subdivision of Lots 11, 12 and 13 of the North-East 1/4 of Section 13, T 89 N, R 2 E for playground purposes for the sum of Fifteen Hundred Dollars ($1,500.00), and Be It Further Resolved that there be and there is hereby appropiated the sum of Fifteen Hundred Dollars ($1,500.00) for the above outlined purchase from the Consolidated Fund. Passed, adopted and approved this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, Resolution No. 70.46 Whereas, applications for Class "B" Beer Permits have been sub- mitted 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Robert E. Chapman and Tillie Chapman, 601 Rhomberg Avenue. Vincent Duffy and Madlyn Duffy, 378 Main Street Mrs. Irene Theel, 2105 Central Avenue. Steve Cole, 402 Main Street. A. R. Uppinghouse and Philomena Uppinghouse, 238-240 West Sixth Street. Regular. Session, June 3rd, 1946 B5 Leo F. Link• and Beinice Link, 1487 Central Avenue. Herman H. Reinker and Nellie Reinker, 1555 Central Avenue. Frank Kraus, 2412 Central Av- enue. Cless "B" Permit for Private Club The Travelers Club, 75 East Fourth Street. Passed, adopted and approved this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 71-46 Whereas, heretofore applications for Class "B" Beer Permits filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply 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 di- rected to issue to the following named applicants a Beer Permit. Class "B" Permit Name Address Roliert E. Chapman and Tillie Chapman, 601 Rhomberg Avenue. Vincent Duffy and Madlyn Duffy, 378 Main Street. Mrs. Irene Theel, 2108 Central Avenue. Stve Cole, 402 Main Street. A. R. Uppinghouse and Philo- mena Uppinghouse, 238-240 West Sixth Street. Leo F. Link and .Bernice Link, 1487 Central' Avenue. Herman H. Reinker and Nellie Reinker, 1555 Central Avenue. Frank Kraus, 2412 Central Av- enue. Class "B" Permit for Private Club The Travelers Club, 75 East Fourth 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. June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 72-46 Whereas, the City of Dubuque, Iowa is the owner of the following descri4ed property: beginning at the Southwest corner of Block 30, Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa, thence North 61 28' West 351.0 feet, thence South 67° 30' West 251.9 feet along the southerly line of Railroad Ave., thence South 23° 24' East 268.6 feet to the South line of Sec. 25, T. 89N., R. 2 E. of 5 P. M., thence east 165.1 feet to the point of beginning, in the City of Dubuque, Iowa, being a part of the abandoned River Bed of the Mississippi River deeded to the City of Dubuque, Iowa by the State of Iowa April 9, 1909, and the vacated part of Shields Street south of Railroad Ave. vacated by City of Dubuque, Iowa, Ordinance No. 136, Dated March 31, 1923; and Whereas, said city by Resolution No. 56-44 agreed to sell and convey said property to Henry A. Robin- son; and Whereas, it is desirable to sim- plify the description of said prop- erty; 156 Regular Session, June 3rd, 1946 Now, Therefore, Be It Resolved that followingthe described property: beginning the Southwest corner of Block 30, Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa, thence to V 28' West 351.0 feet, thence South 671 30' West 251.9 feet along the southerly line of Railroad Ave., thence South 230 24' East 268.6 feet to the South line of Sec. 25, T. 89N., R. 2 E. of 5 P. M., thence east 165.1 feet to the point of beginning, in the City of Dubuque, Iowa, being a part of the abandoned River Bed of the Mississippi River deeded to the City of Dubuque, Iowa by the State of Iowa April 9, 1909, and the vacated part of Shields Street south of Railroad Ave, vacated by City of Dubuque, Iowa, Ordinance No. 136, dated March 31, 1923 is. hereby designated as "Railroad Ave. Industrial Subdivision" in ac- cordance with the plat hereto at- tached; and Be It Further Resolved that the Mayor and Clerk be and they are hereby authorized to sign the orig- inal of said plat for and on behalf of the City of Dubuque, Iowa and cause said plat to be recorded in the office of the Dubuque County Recorder and to do any and all other acts which may be required In the premises. Passed, adopted and approved this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 73-46 Whereas, the City of Dubuque entered into a contract with Henry A. Robinson for the sale of certain real-estate as evidenced by Resolu- tion No. 56-44 and an amendment thereto adopted January 25, 1945; and Whereas, the terms and condi- tions of the contract have been ful- filled and the property has been designated as "Railroad Ave. In- dustrial Subdivision;" Now, Therefore, Be It Resolved that the Mayor and Clerk of the City of Dubuque be, and they are hereby authorized to exebute a quit claim deed of Railroad Ave. Industrial Subdivi- sion on behalf of said city in favor of Henry R. Robinson and to de- liver the same to him. Passed, adopted and approved this 3rd day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilmap Moffatt moved the the adoption ?of 'the' resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 74-46 Be It Resolved by the Mayor and City Council of Dubuque, Iowa, that Mr. A. A. Rhomberg, City Manager, be and he is hereby authorized to enter into contract with the en- gineering firm of Conseer, Town- send & Associates for the prepara- tion of plans and specifications for Storm Sewer Projects in accord- ance with the terms of the Contract attached hereto and made a part hereof. Approved and placed on file for public inspection for at least one week this 3rd day of June, 1946. Councilman Murphy moved that the resolution be approved and Placed on file for at least one week. Regular Session, June 3rd, 1946 Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that Mr. J. K. Deming be re -appoint- ed as a member of the Police and F i r e Retirement and Pension Boards for the term expiring April 1st, 1948. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Cl r t. Adopted %,4n�..: 4 C.Jr'c"/J v v h Councilmen:.-w�-�r L(...... ....... . . Attest: .......... 157 i Special Session, June 10th, 1946 City Council (official.) Special Session, June 10th, 1946. Council met at 7:00 p.m. Present — Councilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhomberg. Absent—Mayor Wharton. Meeting called by order of Coun- cilmen Murphy and Moffatt. Councilman Thompson moved that Councilman Van Duelman be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Councilman Moffatt, Mur- phy, Thompson. Nays—None. Absent—Mayor Wharton. Coun. cilman Van Duelman not voting. Mayor Pro Tem Van Duelman read the call and stated that ser- vice thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon proposals to amend and change the Zoning Map and the Zoning Ordinance and acting on any other business as may proper- ly come before a regular meeting of the City Council. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Claim of Clarence Haferbecker in the amount of $75.00 for injuries received while assisting the Fire Department rescuing persons from the fire at the Hotel Canfield, pre. sented and read. Councilman Thompson moved that claim be allowed and the City Auditor instructed to draw a war- rant in the amount of $75.00 in fav- or of Clarence Haferbecker, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec. onded by Councilman Moffatt. Car. ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Notice of Claim of George J. Hab- erkorn in the amount of $28.39 for damages to his automobile caused in striking a dig out in the street on Seminary Street as it by passes Bunker Hill Golf Course, presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an of- fer of $600.00 on the W. 103 feet of Lot 782 and the W. 103 feet of S. 12 feet of Lot 783 of A. McDaniel's Sub., made by James Freeman, pre- sented and read. Councilman Thompson moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an offer of $25.00 on the S. 10 feet of W. 100 feet of Lot 11 of Jaeger's Sub., made by Thomas Lilly, pre- sented and read. Councilman Murphy moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Special Session, June 10th, 1946 159 Yeas—Mayor Pro Tem Van Duet- man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of County Audi. tor Daykin advising that the Board of Supervisors have accepted an offer of $10.00 on Lot 23 of S. M. Langworthy's Add. made by Joe Straub, presented and read. Councilman Moffatt moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel. roan, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an offer of $40.00 on Lots 49 and 50 of Woodlawn Park Addition made by Mike Kopchansky, presented and read. Councilman Murphy moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of the Interstate Power Company stating that they have no objection to the vacation of the alley between Atlantic Street and Auburn Street running from Loras Boulevard to Custer Street providing that the vacation ordinance makes provision for re- tention of a permanent pole line of right-of-way, presented and read. Councilman Murphy moved that the communication be referred to the Planning and Zoning Commis- sion for their recommendation and report. Seconded by Councilman Moffatt. Carried by the following Vote: Yeas --Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Petition of Wayne A. Johnston et al requesting the vacation of the al- ley lying between Auburn and At- lantic Streets and running norther- ly from Custer Street to Loras Boulevard, presented and read. Councilman Moffatt moved that the petition be referred to the Plan- ning and 'Zoning Commisison for their recommendation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Communication of Cooper Real Estate Ofice relative to the con- struction of a s4dowalk abutting their property located on the south side of West Third Street between Main Street and the alley on Third Street, presented and read. Councilman Murphy moved that the communication be referred to the City Manager and City Solicitor for their action. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Petition of Iola J. Lehnhardt et al requesting the City Council to authorize the installation of two electric lights one to be installed on the curve of Montrose Terrace at the City steps leading up to Cor- nell Street and the other to be in- stalled on the City steps leading from Montrose Terrace up to Fair- view Place, presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon a • proposal to amend and change the Zoning Map 160 Special Session, June 10th, 1946 and the Zoning Ordinance by ex- tending the present Business Dis- trict at 23rd and Central Avenue to include the area beginning at a point on the northerly line of Lot 3 Brewery Addition one hundred feet westerly of the westerly line of Central Avenue; thence wester- ly along the northerly line of Lot 3 Brewery Addition crossing Carr Street and continuing westerly along the northerly line of Lot 2 of Brewery Addition one hundred and twenty-two feet; thence south- erly along the northerly extension of the westerly line of Lot 8 of Schaffner's Sub, across Lots 2 and 5 Brewery Addition and southerly along the westerly line of Lot 8 of Schaffner's Sub, one hundred feet; thence easterly along the souther- ly line of the private alley in Schaff- ner's Sub. to the northwesterly cor. ner of Lot 1 of the Sub, of Lots 1 and 2 and of the south one-half of Lots 5, 6, and 7 of Schaffner's Sub. which point is on the present limit of the business district one hun. dred feet westerly of the westerly line of Central Avenue, presented and read. This hearing was taken up for Council consideration at 7:30 p.m. Councilman Thompson moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 28-46 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34, designated "Zoning Ordinance of the City of Dubuque" extending the present Business District at 23rd and Cen- tral Avenue to include certain de- fined territory now being delimited as "Two Family Residence Dis- trict" classification, presented and read. Councilman Thompson moved that the reading just had be consid. ered the first reading of the ordin- ince. Seconded by Councilman Mot- 'att. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel- nan, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Proof of publication, certified to by the publishers, The Dubuque Leader, of the financial report of the City of Dubuque, Iowa, for the fiscal year ending March 31, 1946. presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 17-46 An ordinance establishing a grade on Hilcrest Road from the south-west property line of Asbury Road to the west property line of Avalon Road, said ordinance hav- ing been passed upon first reading on June 3rd, 1946 and ordered placed placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. Special Session, June 10th, 1946 161 ORDINANCE NO. 17--46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION 1. That a grade on Hill- crest Road from the south-west prop- erty line of Asbury Road to the west property line of Avalon Road be hereby established and adopted as shown by the profile of said street and grade prepared by the City En- gineer, being profile No. 1312. Bench Mark No. 4, the top of an iron rod embedded in a concrete post, is lo- cated on the south side of Hillcrest Road and the centrer of Mullin Road, elevation 896.11. Said grade begins at the south curb line of Hillcrest Road and the south-west property line of Asbury Road which is station 0-x-05, south curb elevation 887.50; thence to sta- tion 0+40.7 the north curb line of Hillcrest Road and the south-west property line of Asbury Road, north curb elevation 887.90; thence to sta- tion 04-50, north and south curb ele- vations 888.13, thence to station 1+00, north and south curb eleva- tions 888.28; thence to station 1+.50, north and south curb elevations 887.83; thence to station 2+00, north and south curb elevations 886.82; thence to station 24-50, north and south curb elevations 885.21; thence to station 34-00, north and south curb elevations 883.00; thence to sta- tion 3+50, north and south curb ele- vations 880.50; thence to station 44-00, north and south curb eleva- tions 878.46; thence to station 4-1-50, north and south curb elevations 877.33; thence to station 5+00, north and south curb elevations 877.13; thence to station 5+50, north and south curb elevations 877.83; thence to station 6..1-00, north and south curb elevations 879.46; thence to sta- tion 6+50, north and south curb elevations 882.00; thence to station 7-1-50. north and south curb eleva- tions 888.00; thence to station 8-00, north and south curb elevations 890.77; thence to station 8+50, north and south curb elevations 892.92; thence to station 84-80.04 which is the east property line of Mullin Road, north and south curb elevations 894.00; thence to station 9+30.04 which is the west property line of Mullin Road, north and south curb elevations 895.40; thence to station 9-50, north and south curb eleva- tions 895.67; thence to station 104 -00 - north and pouth curb elevations 896.23; thence to station 104-.50, north and south curb elevations 996.25; thence to station 11+50, north and south curb elevations 895.75; thence to station 11-}-80.04 which is the east property line of Ogilby Road, north and south curb elevations 895.42; thence to station 12+30.04 which is the west property line of Ogilby Road, north and south curb eleva- tions 894.60; thence to station 12+50, north and south curb elevations 894.17; thence to station 13-�_00, north and south curb elevations 892.56,: thence to station 13+50, north and south curb elevations 890.42; thence to station 144-00, north and south curb elevations 887.73; thence to sta- tion 14+50, north and south curb elevations 884.50; thence to station 14+80.04 which is the east property line of Chaney Road, north curb ele- vation 882.20, south curb elevation 882.30; thence to station 15-4-30.04 which is the west property line of Chaney Road, north and south curb elevations 880.10; thence to station 17X75, north and south curb eleva- tions 862.95; thence to station 17.4-80.04 which Is the east property line of Morningview Road, north curb elevation 862.30, south curb elevation 862.40; thence to station 18.+30.*4 which is the west property line of Morningview Road, north curb eleva- tion 859.90, south curb elevation 859.80; thence to station 18+50, north and south curb elevations 858.99; thence to station 194-00, north and south curb elevations 857.79; thence to station 19+50, north and south curb elevations 857.74; thence to sta- tion 20+00, north and south curb elevations 858.84; thence to station 20+25, north and south curb eleva- tions 859.82; thence to station 20+50, north and south curb elevations 860.85; thence to station 20+80.04 which Is the east property line of Broadlawn Road, north curb eleva- tion 861.90; south curb elevation 861.80; thence to station 21+30.04 which is the west property line of Broadlawn Road, north curb elevation 862.90, south curb elevation 862.80; thence to station 21+50, north and south curb elevations 862.95; thence to station 22+00, north and south curb elevations 862.80; thence to sta- tion 22-x-50, north and south curb elevations 861.85; thence to station 22+75, north and south curb eleva- tions 861.09; thence to station 224-80, north and south curb elevations 860.92; thence to station 23-1-05, north and south curb elevations 860.16; thence to station 23+55, north and south curb elevations 859.41; thence to station 23+80.04 which is the east property line of Avalon Road, north and south curb elevations 859.41: thence to station 24-4-30.04 which Is the west property line of Avalon Road as well as the City Limits, north and south curb elevations 859.55, SECTION Il, This ordinance shall be In force and take effect ten (10) days from and after its passage by the City Council and its publication as required by law. Passed upon first reading June 3rd, 1946. Passed, adopted and approved June 10th, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFAT Councilmen. Attest: J. J. SHEA, City Clerk, Published officially in The Tele- graph -Herald newspaper this 13th day of June, 1946. J. J. SHEA, City Clerk. 6-13-1t. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Mayor Wharton. 162 Special Session, June• 10th, 1946 Ordinance No. 18.46 An ordinance establishing a grade on Mullin Road from the south property line of Asbury Road to the north property line of Hill- crest Road, said ordinance having been passed upon first reading on June 3rd, 1946 and ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 18--46 BE IT ORI )A I N ED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE. SECTION 1. That a grade on Mul- lin Road from the south property line of Asbury Road to the north property line of Hillcrest Road be hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile No. 1313, Bench Mark No. 4, the top of an iron rod embedded in a concrete post, is located on the south side of Hillcrest Road and the center of Mullin Road, elevation 896.11. Said grade begins at the south- west property line corner of Asbury Road and Mullin Road which is sta- tion 0+00, east and west curb eleva- tions 915.78; thence to station 0+50, east and west curb elevations 916.87; thence to station 1+.00, east and west curb elevations 917.15; thence to station 1+50, east and west curb elevations 916.62; thence to station 2+00, east and west curb elevations 915.28; thence to station 4+50, east and west curb elevations 906.53; thence to station 5+00, east and west curb elevations 904.62; thence to sta- tion 5+50, east and west curb ele- vatione 902.38; thence to station 6+00, east and west curb elevations 899.82; thence to station 6+50, east curb elevation 896.78, west curb ele- vation 896.93; thence to station 6+67.3 which is the north property line of Hillcrest Road, east curb ele- vation 895.59, west curb elevation 896.00. SECTION II. This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and its publication as required by law. Passed upon first reading June 3rd, 1946. Passed adopted and approved June 10th, 1946. FRANK VAN DUELMAN, Mayor Pro Tem, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Attest' J. J. SHEA, Councilmen. City Clerk. Published officially in The Tele- graph-Heraldnewspaper this 13th day of June, 1946. 6-13-46 J. J. SHEA, City Clerk Councilman Thompson movei the adoption of the ordinance. Sec onded by Councilman Murphy. Car ried by the following vote: Yeas—Mayor Pro Tem Van Duel- nan, Councilmen Moffatt, Murphy, Chompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 19-46 An ordinance establishing a ;rade on Ogilby Road from the south property line of Asbury Road to the north property line of Hill- crest Road, said ordinance having been passed upon first reading on June 3rd, 1946 and ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 19-46 BE IT ORDAINED BY THE CITY COUNCIL OF THE, CITY OF DU- BUQUE: SECTION I. That a grade on Ogil- by Road from the south property line of Asbury Road to the north property line of Hillcrest Road be hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, be- ing profile No. 1314. Bench Mark No. 3, the top of an iron rod embedded in a concrete post, is located on the south side of Hillcrest Road and the center of Chaney Road, elevation 884,85. Said grade begins at the south- west property line corner of Asbury Road and Ogilby Road which is sta- tion 0+00, east and west curb ele- vations 918.08; thence to station 8+05.8 which is the north property line of Hillcrest Road, east curb ele- vation 895.72, west curb elevation 895.68. SECTION II. This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and its publication as required by law. Passed upon first reading June 3rd, 1946. Passed, adopted and approved June 10th, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Att6st: J. J. SHEA, City Clerk, Published officially in The Tele- graph -Herald newspaper this 13th clay of June, 1946. J. J. SHEA, 6-13-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Special Session, June 10th, 1946 163 Ordinance No. 20.46 An ordinance establishing a grade on Chaney Road from the south property line of Asbury Road to the north property line of Hill- crest Road, said ordinance having been passed upon first ripading on June 3rd, 1946 and ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 20-46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION I. That a grade on Chaney Road from the south proper- ty line of Asbury Road to the north property line of Hillcrest Road be hereby established and adopted as shown by the profile of said street and grade prepared by the City En- gineer, being profile No. 1315. Bench Mark No, 3, the top of an iron rod embedded in a concrete post, is lo- cated on the south side of Hillcrest Road and the center of Chaney Road. elevation 884.85. Said grade begins at the south- west property line corner of Asbury Road and Chaney Road which is sta- tion 0+00, east and west curb ele- vations 916.80; thence to station 0+50, east and west curb elevations 914.61; thence to station 1+00, east and west curb elevations 911.05; thence to station 3+00, east curb elevation 894.20; west curb elevation 893.90; thence to station 3-4-27.6 which Is the north property line of Valley - view Road, east curb elevation 892.00, west curb elevation 891.30; thence to station 3+77.6 which is the south property line of Valleyview Road, east curb elevation 889.64, west curb ele- vation 889.44; thence to station 4+00, east and west curb elevations 888.23: thence to station 4-4-50, east and west curb elevations 886.00; thence to station 5+00, east and west curb elevations 884.29; thence to station 5-4-50, east and west curb elevations 883.09; thence to station 6+00, east and west curb elevations 882.41; thence to station 6+26, east and west curb elevations 882.27; thence to station 9+27.6 which is the north property line of Hillcrest Road, east and west curb elevations 881.13, SECTION II. This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and its publication as required by law. Passed upon first reading June 3rd, 1946. Passed, adopted and approved June 10th, 1946. FRANK VAN DUELMAN. Mayor Pro Tem. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT. Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 13th day of June, 1946. J. J. SHEA. 6-13-1t City Clerk. Councilman Murphy moved the' adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson, Nays -None. Absent -Mayor Wharton. Ordinance No. 21-46 An ordinance establishing a grade on Morningview Road from the south property line of Asbury Road to the north property line of Hillcrest Road, said ordinance hav- ing been passed upon first reading on June 3rd, 1946 and ordered plac- ed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 21-46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION 1. That a grade on Morn- Ingview Road from the south prop- erty line of Asbury Road to the north propert Road be hereby erebyestabli established line of iand eBadopted as shown by, the profile of said street and grade prepared by the City En- gineer, being profile No. 1316. Bench Mark No. 3, the top of an iron rod embedded in a concrete post, is lo- cated on the south side of Hillcrest Road and the center of Chaney Road. elevation 884.85. Said grade begins at the west curb line of Moringview Road and the south property line of Asbury Road which is station 0+03, west curb elevation 913.20; thence to Station thence to station12, cast relevation l 0-�50east and west curb elevations 911.19; thence to sta- tion 1+00, east and west curb ele- vations 907.60; thence to station 892 50; east50, and dt station west curb 3.4-00, east and west curb elevajilonll 887.73; thence to station 34-50, east and west curb elevations 883.43; thence to station 4+00, east and west curb elevations 879.58; thence to station 4+37.2 which is the north property line of Valleyview Road, east and west curb elevations 877.20; thence to station 4 south property line which neof Valleyview Road, east and west curb elevations 874.70; thence to station 5+00, east and west curb elevations 0 station5+50, east and west n curb elevations 871.50; thence to station 869 21; eastand dt west curb elevations station 6-�50, east and west curb elevations 867.24; thence to station 7+00, east and west curb elevations 865.57; thence to sta- tion 786 tions864.21; thence to Station 8+00, east and west curb elevations 863.15; thence to station 8+50, east and west.ion 94-00, a curb elevations 862.41; thence to t curb elevations 8 1.98; thenceast t e9station 10+00, east curb elevation 861.53, 164 Special Session, June 10th, 1946 West belevation l hence station which is 2 to thet north property line of Hillcrest Road, east curb elevation 861.40, west curb ele- vatione 861.01. SECTION II. This ordinance shall be in force and take effect ffec ten (10) days from and after its passage the City Council and its publication as required by law. Passed upon first reading June 3rd, 1946. Passed, adopted and approved June 10th, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. GEO. RT MIIRPHY, W W. MOFFAT Councilmen. Attest: J J. CityHClerk. Published officially in The Tele - d y o- Junes 1ne spaper this 13th J. J. CHEJty Clerk. 6.13-1t. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 22.46 An ordinance establishing a grade on Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road, said ordinance having been passed upon first reading on June 3rd, 1946 and ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 22-46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION I. That a grade on Broadlawn Road from the south prop- erty line of Asbury Road to the north property line of Hillcrest Road be hereby established and adopted as shown by the profile of said street and grade prepared by the City En- gineer, being profile No. 1317. Bench Mark No. 2, the top of an iron rod embedded in a concrete post, is lo- cated on the south side of Hillcrest Road and the center of Broadlawn Road, elevation 863.70. Said grade begins at the west curb line of Broadlawn Road and the so+rth property line of Asbury Road which is station O+U3, west curb elevation 917.70; thence to station 0+12, east curb elevation 917.50; thence to sta- tion 0-4-50, east and west curb ele- vations 916.35; thence to station 14-00, east and west curb elevations 914.25; thence to station 1+50, east and west curb elevations 911.60; thence to station 2+00, east and • west curb elevations 908.38; thence to station 2+50, east and west curb elevations 905.04; thence to station 3+•00, east and west curb elevations 902.05; thence to station 3+-50, east and west curb elevations 899.38; thence to station 4+-00, east and west curb elevations 897.05; thence to sta- tion 4-4-50, east and west curb ele- vations 895.04; thence to station 5-4-00, east curb elevation 893.13, west curb elevation 893.63, thence to sta- tion 5+25.1 which is the north prop- erty line of Valleyview Road, east curb elevation 892.20, west curb ele- vation 893.00; thence to station 5+75.1 which is the south property line of Valleyview Road, east curb elevation 890.60, west curb elevation 891.40; thence to station 6+-00 east curb elevation 889.45, west curb ele- vation 889.95; thence to station 11+oo, east curb elevation 864.47, west curb elevation 864.77; thence to station 11+-25.1 which is the north property line of Hillcrest Road• east curb elevation 863.00, west curb ele- vation 863.67. SECTION II. This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and its publication as required by law. Passed upon first reading June 3rd, 1946. Passed, adopted and approved June 10th, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. F W. THOMPSON, GEO. R. MIIRPHY, W. W. MOFFATT. Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 13th day of June, 1946. J. J. SHEA, 6.13-1t. City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 23-46 An ordinance establishing a grade on Avalon Road from the south property line of Asbury Road to the north property line of Hill- crest Road, said ordinance having been passed upon first reading on June 3rd, 1946 and ordered placed on file with the City Clerk for Pub- lic inspection. for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 23-46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION l..That a graae on Ava- lon Road from the soi}th property line of Asbury Road to the north property line of Hillcrest Road be Special Session, June 10th, 1946 •165 hereby established and adopted as Shown by the profile of said street and grade prepared by the City En- gineer being profile No. 1318. Bench Mark No. 1, the top of an iron rod embedded in a concrete post, is lo- cated on the west side of Avalon Road and the south property line of Asbury Road, elevation 930.14. Said grade begins at the west curb line of Avalon Road and the south property line of Asbury Road which Is station 0+03, west curb elevation 926.45; thence to station 0-+-12, east curb elevation 926.35; thence to sta- tion 0+50 ,east and west curb ele- vations 926.00; thence to station 1-+-00 ,east and west curb elevations 925.06; thence to station 1+50, east and west curb elevations 923.60; thence to station 2+00, east and west curb elevations 921.63; thence to station 2-4-50, east and west curb elevations 919.14; thence to station 3+00, east and west curb elevations 916.15; thence to station 6+13.2 which is the north property line of Valleyview Road, east and west curb elevation 895.85; thence to station 6-1-63.2 which is the south property line of Valleyview Road, east and west curb elevations 893.55; thence to station 11+08, east and west curb elevations 864.64; thence to station 11+33, east and west curb elevations 863.14; thence to station 11+83, east and west curb elevations 860.89; thence to station 12+13 which is the north property line of Hillcrest Road, east and west curb elevations 860.00. SECTION II. This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and its publication as required by law. Passed upon first reading June 3rd, 1946. Passed, adopted and approved June loth, 1946. FRANK VAN�ayor PDUELMo TAN em. rn F. W. THOMPSON, GEO, R. MURPHY, W. W. MOFFAT Councilmen. Attest. J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 13th day of June, 1946. J. J. SHEA, 6-13-1t City Clerk. Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Murphy, Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Absent—Mayor Wharton. Ordinance No. 24-46 An ordinance establishing a grade on Valleyview Road from the west property line of Chaney Road to the east property line of Avalon Road, said ordinance having been passed upon first reading on June 3rd, 1946 and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption, was present- ed. for final adoption. ORDINANCE NO. 24-46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION 1. That a grade on Val- leyview Road from the west property line of Chaney Road to the east prop- erty line of Avalon Road be hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile No. 1319. Bench Mark No. 1, the top of an iron rod embedded in a concrete post, is located on the west side of Avalon Road and the south property line of Asbury Road, elevation 930.14. Said grade begins at the west prop- erty line of Chaney Road which is station 0+00, north curb elevation 889.10, south curb elevation 888.80; thence to station 1+70, north and south curb elevations 878.70: thence to station 1+75, north and south curb elevations 878.41; thence to sta- tion 2-4-25, north curb elevation 876.44, south curb elevation 876.24; thence to station 2+50 which 1s the east property line of Morningview Road north curb elevation 876.00, south curb elevation 875.60; thence to station 3+00 which is the west prop- erty line of Morningview Road, north curb elevation 876.30, south curb ele- vation 875.90; thence to station 3+25, north curb elevation 876.94, south curb elevation 876.74; thence to sta- tion 3-4-75, north and south curb ele- vations 879.41; thence to station 3+80, north and south curb eleva- tions 879.75; thence to station 4-1-80, north and south curb elevations 886.75; thence to station 5+25, north and south curb elevations 889.55; thence to station 54-50, which is the east property line of Broadlawn Road, north and south curb elevations 890.90; thence to station 6+00 which is the west property line of Broad - lawn Road, north and south curb station 61+25, northns and nd southecurcurb eleva- tions 893.27; thence to station 6+70. north and ations 893.81; thence stotb station8+50vwhich is the east property line of Avalon Road, north and south curb eleva- tions 894.58. SECTION II. This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and its publication as required by law. Passed upon first reading June 3rd. 1946, Passed, adopted and approved June 10th, 1946. FRANK VAN DELM Mayor Tem. F. W. THOMPSON, GF.O. R. M(iRPFiY, W. W. MOFFAT Councilmen. Attost: J. J. SHEA. City Clerk. Published officially In The TO(— jay ofliprald 1946. J. this 13th J. J. SlIrA. 6-13-1t City Clerk. Councilman Moffatt moved the adoption of the ordinance. Second- 166 Special Session, June 10th, 1946 ed by Councilman Murphy. Carried by the following vote: Yeas -Mayor Pro Tem Van Duel, man, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Mayor Wharton. Ordinance No. 25-46 An ordinance establishing a grade on Asbury Road from the West Corporation Line on the Sec- tion Line between Section 22 and Section 23, T 89 N, R2 E of the 5th Principal Meridian to the west property line of Avalon Road, said ordinance having been passed upon first reading on June 3rd, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, was presented for final adop- tion. ORDINANCE NO. 25--46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION I. That a grade of As- bury Road from the West Corpora- tion Line on the Section Line be- tween Section 22 and Section 23, T 89 N, R2 E of the 5th Principal Me- ridian; to the west property line of Avalon Road be hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile No. 1320. Bench Mark No. 1, the top of an iron rod embedded in a concrete post, is located on the west side of Avalon Road and the south property line of Asbury Road, elevation 930.14. Said grade begins at the West Cor- poration Line which is station 0+00, north and south curb elevations 878.30; thence to station 0+50, north and south curb elevations 877.37; thence to station 1+00, north and south curb elevations 876.89; thence to station 1•x-50, north and south curb elevations 876.85; thence to station 2+00, north and south curb eleva- tions 877.27; thence to station 4+00, north and south curb elevations 879.39; thence to station 4+50, north and south curb elevations 880.14; thence to station 4+65 which is the south property line of Stout Road at the north curb line, north and south curb elevations 880.40; thence to sta- tion 5+44 which is the north proper- ty line of Stout Road at the north curb line, north and south curb ele- vations 882.15; thence to station 5+50, north and south curb eleva- tion 882.27; thence to station 6+00, north and south curb elevations 883.66; thence to station 6+92 which Is the south line of Hillcrest Road at the south curb line, north and south curb elevations 886.50; thence to station 7+11.35 which is the south-west cor- ner of Asbury Road and Hillcrest Road as well as station 0+00, and all subsequent stationing will be based on 'the latter station; thence to sta- tion 0.4_.57.07, north and south curb elevations 888.71; ,thence to station 1+00, north and, south curb eleva- tions 899.87; thence to station 1-+50, north and south curb elevations 891.22; thence to station 2+00, north and south curb elevations 892.50; thence to station 10+00, north and South curb elevations 912.50; thence to station 10-�-50, north and south curb elevations 913.69; thence to sta- tion 10+76.17 which is the east prop- erty line of Mullin Road, north curb elevation 914.25, south curb elevation 914.35; thence to station 11+26.17 which is the west property line of Mullin Road, north and south curb elevations 915.25; thence to station 11+50, north and south curb eleva- tions 915.72; thence to station 12+00, north and south curb elevations 916.56; thence to station 12+50, north and south curb elevations 917.29; thence to station 13+00 ,north and south curb elevations 917.89; thence to station 13+•50, north and south curb elevations 918.54; thence to sta- tion 14+00, north and south curb elevations 918.75; thence to station 14+06.17 which is the east property line of Ogilby Road, north and south curb elevations 918.90; thence to station 144-56.17 which is the west property line of Ogilby Road, north and south curb elevations 919.15; thence to station 15+00, north and south curb elevations 919.14; thence to station 15+50, north and south curb elevations 919.16: thence to sta- tion 16+00. north and south curb elevations 919.06; thence to station 16+50, north and south curb eleva- tions 918.84; thence to station 17-4-00, north and south curb elevations 918.52; thence to station 17+36.32 which is the east property line of Chaney Road, north and south curb elevations 918.20; thence to station 17-4-86.32 which is the west property line of Chaney Road. north and south curb elevations 917.60; thence to sta- tion 18+00, north and south curb elevations 917.50; thence to station 20-4-00, north and south curb eleva- tions 915.00; thence to station 20+50, north and south curb elevations 914.50; thence to station 214-00, north and south curb elevations 914.22; thence to station 21-4-09.92 which is the east property line of Morningview Road, north and south curb elevations 914.20; thence to sta- tion 21+61.99 which is the west prop- erty line of Morningview Road, north and south curb elevations 914.20; thence to station 22-4-00, north and south curb elevations 914.38; thence to station 22+50, north and south curb elevations 914.80; thence to sta- tion 23+00, north and south curb elevations 915.47: thence to station 23+50north and south curb eleva- tions 916.37; thence to station 24 -4 -On. north and south curb elevations 917.50; thence to station 244-22.34 which is the east property line of Broadlawn Road, north and south curb elevations 918.01; thence to station 24-4-74.41 which is the west property line of Broadlawn Road, north curb elevation 919.35, south curb elevation 919.25; thence to sta- tion 27+34.65 which is the east prop- erty line of Avalon Road, north and south curb elevations 925.80; thence to station 27+86.72 which is the west property line of Avalon Road, north and south curb elevations 927.10. SECTION II, This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and its publication as required by law. Passed upon first reading June 3rd, 1946. Special Session; Julie 10th, 1946 . 167 Passed, adopted and approved••June 10th, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 13th day of June, 1946. J. J. SHEA, 6-13-1t. City Clerk, Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton, Ordinance No. 26-46 An ordinance establishing a grade on Stout Road from the West Corporation Line to the north-east property line of Asbury Road, said ordinance having been passed upon first reading on June 3rd, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final. adoption. ORDINANCE NO. 26-46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION i, That a grade on Stout Road from the West Corporation Line to the north-east property line of Asbury Road be hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile No. 1321. Bench Mark No, 4, the top of an iron rod embedded in a concrete post, Is located on the south side of Hill- crest Road and the center of Mullin Road, elevation 896.11. Said grade begins at the West Cor- poration Line which is station 0-00, north and south curb elevations 858.95; thence to station 0+5U, north and south curb elevations 861.37; thence to station 1+00, north and south curb elevations 864.39; thence to station 1+50, north and south curb elevations 868.00; thence to sta- tion 2-4-00, north and south curb elevations 872.20; thence to station 2-1-30, north and south curb eleva- tions 874.90; thence to station 2-}-80, north and south curb elevations 878.59; thence to station 2+90.3 which is the north-east property line of Asbury Road, south curb eleva- tion 879.10; thence to station 34-48 which is the north-east property line of Asbury Road, north curb elevation 881.00. SECTION 11. This ordinance shall be in force and take effect ten (10) days from an dafter its passage by the City Council and its publication as requitred by law. Passed upon first reading June 3rd, 1946. Passed, adopted and approved June 10th, 1946. FRANK VAN DUELMAN, Mayor Pro Tem. F W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Published ofi; cially in The Tele- graph -Herald newspaper this 13th day of June, 1946. J. J. SHEA, 6-13-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Ordinance No. 27-46 An ordinance establishing a grade on Seminary Street from the west property line of St. Ambrose Street to the West Corporation Line, said ordinance having been passed upon first reading on June 3rd, 1946 and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption, was present- ed for final adoption. ORDINANCE NO. 27-46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION I. That a grade on Sem- inary Street from the west property line of St. Ambrose Street to the West Corporation Line be hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile No. 1321. Bench Mark No. 4, the top of an iron rod embedded in a concrete post, is located on the south side of Hillcrest Road and the center of Mullin Road, elevation 896.11. Said grade begins at the west prom- s t station line f 0+00,mnorth se Scurbt eleva- tion 870.04 south curb elevation 870.93; thence to station 0+50, north curb elevation 868.64, south curb ele- vation 869.34; thence to station 1+00, north curb elevation 865.05, south tcurb ion 1+50ionnorth 5, curb c elevatito on tsouth b elevation 61 hence tostation 2+00, northa4 d south stati nr 24-50, north thence orth and southcu tob elevations0north and south58-1 to curb 4eleva- tions 855.81; thence to station 44-30. north plevatlons 855.18; thencestotstationb4.4-80. north and ns thence south statin 5-4-30, curb northSJand south r n ons station 5+80, orth and tosouth curb 168 ' Special Session, June 10th, 1946 elevations 857.12; thence to station g� 29,5 which is the West Corpora- tion Line, north and south curb ele vations 858.95. SECTION II. This ordinance shall be in force and take effect ten (10) daye by e sCity Council land ter iic ts pc from and publication as required by law. Passed upon first reading June 3rd, 1946. roved June Passed, adopted and app 10th, 1946. FRANK VANMayor Pro Tem. F. W, THOMPSON, W oV R1IOFFATT, Councilmen. Attest: J. J. SHCity E Ark. Published officially in The Tele - day o- Junes 1946. newspaper this 13th J. J. SHECity Clerk. 6-13-1t. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson, Nays—None. Absent—Mayor Wharton. Dubuque, Iowa June 5th, 1946 To the Hmiorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Civil Ser- vice Commission conducted an en- trance examination on April 16th, 1946, for those seeking positions on the eligible list for appointment on the Fire Department. The following are the names of those who passed the mental and physical examinations and their names are hereby certified for ap- pointments as members of the Fire Department. Name Average Donald H. Jestel ....................90% Leroy L, Meyer ........................90% Cyril J. Sullivan ......................90%a William P. Badger ..................89% John F. Doyle ............................87% Louis G. Murray ......................80% Clifton M. Finney ....................73% Mark B. Meyer ........................72% Respectfully submitted E. B. LYONS, Chairman C. S. HARKER, R. M. BENN, Commissioners Attest: J. J. SHEA Clerk Subscribed and sworn to before me a Notary Public this 5th day of June, 1946. GERALDING L. DEMKIER Notary Public Councilman Murphy moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None, Absent—Mayor Wharton. Dubuque, Iowa June 5th, 1946 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa gentlemen: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Civil Ser- vice Commission conducted an en- trance examination on April 16th, 1946, for those seeking positions on the eligible list for appointment on the Police Department. The following are the names of those who passed the mental and physical examinations and their names are hereby certified for ap- pointments as members of the Po- lice Department. Name Average Gus E. Fevker ........................99% John P. Kemps ........................92% Robert B. McComish ..............87% Merlin J. Lange ......................85% Howard C. Rolland ..................73% Dale E. Chambers ....................72% Respectfully submitted, E. B. LYONS, Chairman C. S. HARKER, R. M. BENN, Commissioners Attest: J. J. SHEA, Clerk Subscribed and sworn to before me a Notary Public this 5th day of June, 1946. GERALDING L. DEMKIER, Notary Public Councilman Moffatt moved that the report of the Civil Service Com- mission be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Special Session, June 10th, 1946 169 Yeas—Mayor Pro Tem Van Duel. man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. June 6, 1946 Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: In re: Petition of Jennie Venn for suspension of taxes on: East Dubuque Add. Lot 346 asking that the 1945 taxes be suspended because of infirmity; and Petition of Mrs. Melba Riniker for suspension of taxes on: Lot 1 of 1 of M. L. 11, asking that the 1945 tax be suspended because of her being a widow with 4 children. I recommend that said Petition be approved by the City Council of the City of Dubuque and that no- tification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. June 10, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following policy and desire to have your ap- proval on same for filing: Taxi -Cab Black & White, Yellow and Checker Cab Co., Inc., 410 Eighth Avenue, Policy No. C. A. 1489, The Preferred Accident Ins. Co. of New York. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the bond be approved and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel. man, Councilmen Moffatt, Murphy, Thompson. ' Nays—None. Absent—Mayor Wharton. June 10, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the June 3rd meeting of the Council the pur- chase of the southerly 25 feet of Lot 1 of 24 of Ann O'Hare's Sub. was authorized in order to widen West Third Street. The owi4ers, Clarence A. and Florence M. Strub, wish to donate to the City a strip of land 20 feet wide in the rear of this property for the purpose of extending the existing alley be- tween West Third and Bennett Streets easterly from its present end at the westerly line of Ann O'Hare's Sub, a distance of 137.94 feet. I recommend that the •offer be accepted and the alley be extended easterly by the passage of an ap- propriate • resolution when the transfer of the property is made. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. .Nays—None. Absent—Mayor Wharton. June 10, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the April 15th meeting of the Council, in connec- tion with the annexation of Hill- crest Park and Hillcrest Sub. No. 2 to the City of Dubuque, the City Manager was directed to report on plans for various needed improve. ments. The street grades have now been laid and adopted by ordinances adopted tonight and the necessary grading found to be 21,900 cu. Yds. of excavation. I recommend that a hearing be held and bids called for the grading of Avalon, Broad- 170 Special Session, June 10th, 1946 lawn, Moningview, Chaney, Ogilby, Mullin, Valleyview and Hillcrest Roads at the earliest date. Our investigation for the sanitary sewers discloses that two projects should be undertaken. The first is the construction by the city of a new trunk sewer beginning in White Street at East 16th Street; thence northerly in White Street to East 22nd Street; thence wester- ly in East 22nd Street and in Kauf- man Avenue to the water level property; thence southwesterly along the water level property and in the ravine between the Clarke College property and the Bunker Hill Golf Course to Seminary Street at approximately the old corpora- tion line and thence in Seminary Street to the Asbury Road. The second project would consist of lateral sewers in the various streets of the subdivisions connect- ing to a wet well, a pumping lift station near the intersection of Morningview and Hillcrest Roads, a cast iron force line from the pumping station to connect with the proposed trunk sewer outlined above at Asbury and Seminary Streets. The second project is one subject to special assessment procedure and I recommend that plans, speci- fications and a plat and schedule be prepared preliminary to the adoption of a resolution of neces- sity. The first or trunk sewer pro- ject outlined is approximately three miles in length through rath- er difficult and rocky terrain and will not only involve a hearing upon plans and specifications, but a bond issue to provide the construction funds required. The Iowa Development Company is desirous of proceeding with all possible speed in the erection of 91 units to [house 104 families and have requested that every effort be made to expedite the project. Rspectfully submitted, A. A. RHOMBERG, City Manager Councilman Thompson moved that the recommendations of City Manager Rhomberg be approved, Seconded by Councilman Murphy, Carried by the following vote: Yeas—Mayor Pro Tem Van Duel. man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 74-46 Be It Resolved by the Mayor and City Council of Dubuque, Iowa, that Mr. A. A. Rhomberg, City Manager, be and he is hereby authorized to enter contract with the engineering firm of Consoer, Townsend & As- sociates for the preparation of plans and specifications for Storm Sewer Projects in accordance with the terms of the Contract attached hereto and made a part hereof. Approved and placed on file for public inspection for at least one week this 3rd day of June, 1946. Passed, adapted and approved this 10th day of June, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy. Thompson. Nays—None. Absent—Mayor Wharton. CONTRACT FOR ENGINEERING SERVICES BETWEEN DUBUQUE, IOWA AND CONSOER, TOWNSEND & ASSOCIATES This Agreement made and enter- ed into this 10th day of June, 1946, by and between the City of Du- buque, Iowa, a municipal corpora- tion hereinafter called the "City," 'and the engineering firm of Con- soer, Townsend & Associates, a co -partnership, herinafter. called "Engineers." Witnesseth: Whereas, the City is contemplat- ing the construction of new storm relief sewers so as to provide re- lief to existing inadequate storm sewers, and Whereas the engineers represent themselves to be qualified and ex- Special. Session, June 10th, 1946 171' perienced in the design and super- vision of construction of such mat- ters as storm relief sewers and cap- able of serving the City as consult- ing engineers in such matters now, therefore, and in consideration of certain amounts hereinafter speci- fied to be paid to the Engineers by the City, the Engineers agree to do, at their own cost and expense, all of the engineering work to the satis- faction of the City. DIVISION A—Surveys, Detailed Designs, Detailed Plans, Construc- tion Drawings, and Specifications. For the surveys and for the pre- paration of complete designs, plans, construction drawings, specifica- tions, acid contract documents, for any work authorized to be done un- der this contract by the City, Con- soer, Townsend & Associates' charges will be 3%% of the esti- mated construction cost of the work. Services to be rendered under Division A are to be as follows: (1) The Engineers shall make all necessary additional field sur. veys, and prepare complete designs, plans, profiles, and specifications for storm water relief sewers, to- gether with all appurtenances. The detailed work under this Di- vision A shall be undertaken only when the Iowa State Board of Health and the City indicates their approval of the general bases of design covering sizes, location and types of the sewers, together with the necessary appurtenances. (2) The Engineers shall pre- pare detailed estimates, showing the quantities and estimated construc- tion cost of all work undertaken under Division A. (3) The Engineers shall pre- pare complete specifications for the various features of the work, in- cluding proposal forms, contract forms, bond forms, and all other features essential to complete con- tract documents. (4) The Engineers shall supply copies of the final plans and speci- fications to the State Department of Health and obtain their approval thereon. (5) The Engineers shall pre- pare all maps, and sketches, as- semble Aecessary engineering in- formation incidental to obtaining from the State, County, Township, Federal Government and/or others, any permits or licenses that may be necessary to the prosecution of the work. (6) The Engineers shall sup- erintend the making of any neces- sary test borings or test pits which may be needed for the proper de- sign of the various features of the work. Labor and/or costs inciden- tal to the snaking of such test bor- ings or test pits are not to be in- cluded in the Engineers' fees as hereinafter set, forth. (7) The Engineers shall assist the City in interesting experienced and qualified contractors in bid- ding on the work, canvas construc- tion bids, and assist the City in the award of the construction con- tracts. (8) The Engineers shall provide all other engineering services that may be required up to the time the various features of the work are placed under contract. (9) The Engineers shall assist the City in the preparation of a financial structure, rate and secur- ity schedule, type of security, for the full and complete amortization of the investment in the contem- plated improvements. (10) The Engineers shall at all time keep the City fully informed as to the design features of the pro- posed systems of storm relief sew- ers. The three and one half percent (3%%) Engineers' charge for work under Division A. will be due and payable upon completion and de- livery of detailed plans and speci- fications to the City and shall, at that time, be based upon the En- gineers' estimated construction cost of the work. This estimate of Cost shall be based upon the average costs for 1940, as established by the local building or construction industries, plus the per cent of increase in the average cost indexes for such in- dustries for the year in which the Engineering work under Division A is performed, over 1940, as estab- lished by the Engineering News Record, and shall also be subject to approval by the City. 172 Special Session, June 10th, 1946 DIVISION B—Supervision of Construction: For the Supervision of Construc- tion of any of the work included in the Preliminary Plan, for which complete plans are prepared under Division A, Consoer, Townsend & Associates' charge will be one and one half percent (1%%) of the ac- tual construction cost of the work. Services to be rendered under Division B are as follows: (1) To have a principal of the firm visit the construction work at least once a month, or as often as may be necessary in the opinion of the City, during the construction period, to go over the work in de- tail with the Resident Engineer, with Contractors, with City Officials, and to attend conferences relative to the work when so requested. (2) To carefully check and ap- prove all equipment drawings, working drawings, shop drawings, layout drawings, plans for piping, valves, and bar company drawings of reinforcing steel, as submitted for approval by contractors, sub. contractors, and manufacturers. (3) To adapt original plans to conform to approve manufacturers equipment and material. (4) To carefully check and ap- prove monthly and final estimates of cost. (5) To furnish complete consult- ing service during the entire per- iod of construction. (6) To furnish thie City final costruction "as built" drawings. The one and one half percent (1%%) Engineers' charge for the work under Division B will be due and payable according to the ac- tual progress of the construction work, and shall be based upon the monthly estimates for construction work performed by the construc- tion contractors. DIVISION C—Resident Engineers and Inspectors: The services under Division C shall be provided by the Engineers only upon the specific direction of a duly authorized official of the City; it being understood that the cost of such services is not includ- ed in the engineering charges speci- fied previously herein. The Engineers will furnish at cost to the City, Resident Engineer, field staff and construction inspec- 1 tion personnel as may be needed, to lay out and supervise the con- struction work. Such personnel may be furnished in whole or in part by the City, but whether pro- vided at cost to the City by the Engineers or directly by the City in whole or in part, the qualifica- tions of such personnel shall be mutually acceptable to both City and Engineer, and shall be under the direct supervision of Consoer, Townsend & Associates. In Witness Whereof, the City of Dubuque, Iowa, by its City Mana- ger and City Clerk, and the En- gineering firm of Consoer, Town- send & Associates, by Arthur W. Consoer, Partner, have caused this agreement to be signed this 10th day.of June, 1946. CITY OF DUBUQUE, IOWA By: A. A. RHOMBERG City Manager Attest: J. J. SHEA, City Clerk CONSOER, TOWNSEND & ASSOCIATES By: ARTHUR W. CONSOER Arthur W. Consoer, Partner Attest: IRENE E. CRAIG. Witness Resolution No. 75-46 Preliminary approval of plans, etc. Be It Resolved by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifications, form of contract, plat and schedule and all other docu- ments contained herein are hereby approved and ordered filed in the office of City Clerk for public in- spection, and are to be considered a part of this resolution, for the paving of Harlan Street from the present pavement in Windsor Av- enue to approximately the east property line of Sheridan Street north. Estimated cost $5,024.94. Passed, adopted and approved this 10th day of June, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Special Session, June 10th, 1946 173 Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. (NECESSITY for IMPROVEMENT) Resolution No. 76-46 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount thereof which is estimated to be as- sessed against each lot, for the paving of Haxlan Street from the present pavement in Windsor Av- enue to approximately the east property line of Sheridan Street north. Estimated cost $5,024.94. Be It Therefore Resolved that the City Council upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on the file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. ' Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately owned property lying within assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, Property will be assessed whether the same abuts thereon or is adja- cent thereto according to area and in proportion to the special bene- fits conferred thereby, and any de- ficiency shall be paid out of the general fund, improvement fund, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 10th day of June, 1946. Approved and placed on file for final action. Approved: FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved that the resolution be approved and placed on file with the City Clerk for final action. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. (FIXING DATE OF HEARING) Resolution No. 77.46. WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 75-46 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the paving of Harlan Street from the present pavement in Windsor Avenue to approximately the east property line of Sheridan Street north. Esti- mated cost $5,024.94 and, and WHEREAS, the proposed said Resofor - lution of Necessity 174 . . , Special Session, June 10th, 1946 provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the lst day of July, 1946, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objections to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper pub- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all objections there. to, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 10th day of June, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas --Mayor Pro Tem Van Duel. man, Councilmen Moffatt, Murphy, Thompson. Nays—Noce. Absent—Mayor Wharton. Resolution No. 78-46. Preliminary approval of plans, etc. Be It Resolved by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifications, form of contract, plat and schedule and all other docu. ments contained herein are hereby approved and ordered filed in the office of City Clerk for public in. spection, and are to be considered a part of this resolution, for the pay. ing of Euclid Street from the pres- ent pavement in Windsor Avenue to approximately twenty two feet west of the east property line of Sheridan Street. Estimated cost $5,229.69. Passed, adopted and approved this 10th day of June, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. (NECESSITY FOR IMPROVEMENT) Resolution No. 79.46. WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount there- of which Is estimated to be assessed against each lot, for the paving of Euclid Street from the present pavement in Windsor Avenue to approximately twenty two feet west Y Special Session, June 10th,. 1946 17; . of the east property line of Sheri- dan Street. Estimated cost $5,229.69. BE IT THEREFORE RESOLVED that the City Council upon petition of property owners, deems it ad- visable and necessary for the pub- lic welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement fund, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 10th day of June; 1946. Approved and placed on file for final action Approved: FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO, R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Murphy moved that the resolution be approved and placed on file, with the City Clerk for final action. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. (FIXING DATE OF HEARING) Resolution No. 80-46. Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 78-46 given its prelimin- ary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspec- tion, for the paving of Euclid Street from the present pavement in Wind- sor Avenue to approximately twen- ty two feet west of the east proper- ty line of Sheridan Street. Estimat- ed cost $5,229.69 and WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 1st day of July, 1946, a public hearing will be held at 7:30 oclock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at 176 Sjiecial. Session, Tune 10th, 1946 which •hearing the Council will hear such objections and enter on rec- ord its final decision thereon. Passed, adopted and approved this 10th day of June, 1946. FRANK VAN DUELMAN. Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Resolution No. 81-46 WHEREAS, application for Class "B" Beer Permit has been submit. ted to this Council for approval and the same has been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address William F. Trimpler and Jean Trimpler, 1563 Central Avenue Passed, adopted and approved this 10th day of June, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk, Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel. man, Councilmen Moffatt, Murphy, Thompson, Nays—None. Absent—Mayor Wharton. Resolution No. 82-46 WHEREAS, heretofore application for Class "B" Beer Permit was filed by'the within named applicant and it has received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and a proper bond has been filed: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Address William F. Trimpler and Jean Trimpler, 1563 Central Avenue BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby ap- proved. Passed, adopted and approved this 10th day of June, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. Councilman Thompson moved that the following named persons be appointed to serve as Judges and Clerks of the Special Election to be held July 8th, 1946. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. First Precinct: Judges—Vera Ham, Gerald Schaefle and Herbert Harminson; Clerks—Thelma Trapp .and Lillian A. Jones. Special Session, June 10th, 1946 177 Second Precinct: Judges—Thos. J. Hill, Mike Cahill and Philip Adams; Clerks—Margaret Kinsella and Lois M. Fox. Third Precinct: Judges—B. E. Bogue, Jos. J. Connelly and James J Callaghan; Clerks—Vera McAl- lister and Pearl Hoerner Fourth Precinct: Judges—Mae E. Hedley, Imelda M. Brant and Loret. ta Powers; Clerks—Mary Hughes and Martha Bunt. Fifth Precinct: Judges—Marga- ret Lavery, Blanche 0. Hird and Grace Wright; Clerks—Sadie Tred- er and Laura A. Hohmann. Sixth Precinct: Judges—Myrtle Westaby, Marie M. Lang and Leck Kinsella; Clerks—Hazel M. Yokom and Helen Schadle Seventh Precinct: Judges—Al Bitzberger, A. J. Trapp and Hubert Meissen; Clerks—Cora Wolfe and Lidwina Weitz Eighth Precinct: Judges—Jane Fuhrman, Mary M. Figge and Louis J. Lagen; Clerks—Ann Weber and Richard Kolck Ninth Precinct: Judges—Pauline Klefh, John P Merkes and Margaret Moran; Clerks—Belle Leidinger and Edna Widdowson Tenth Precinct: Judges—T A. Polsean, Pearl Zernecke and Cath. O'Connor; Clerks—Hattie Donatsch and Stella Ball, Eleventh Precinct: Judges—Hilda H. Hoefffin, Gilbert J. Nicks and Et. ta Schroeder; Clerks — Carrie Saunders and Ida Murray. Twelfth Precinct: Judges—Philip O'Dowd, William Zumhof and Marie Sand; Clerks --Mrs. Anna Schaul and Elsie Bottge. Thirteenth Precinct: Judges— Charles Hauaenschield, George Gruber and Clara Francois; Clerks —Freda Foall and Marguerite Lid- dle. Fourteenth Precinct: Judges— Geo, I. Beaves, Elizabeth Reavell and Sophia Moritz; Clerks—Doro- thy Bauer and Verona E. Agard. Fifteenth Precinct: Judges — Frank Glab Jr., Geo. J. Roepsch and Anna Wemette; Clerks—Helen Hohnecker and Mathilda Manahl. adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Moffatt, Murphy, Thompson. Nays—None. Absent—Mayor Wharton. There being no further business Councilman Thompson moved to Approv Adoptei Councilm Attest: J. J. SHEA, 179 Special Session, June 24th, 1946 City Council (Official) Special Session, June 24th, 1946. Council met at 7:30 P. M. Present—Mayor Wharton, Coun. cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Murphy and Thompson. Mayor Wharton read the call and gtated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering an ordinance granting to the Iowa Improvement Company permission to construct a sanitary sewer connecting with the City sewer at its junction at Hillcrest and Asbury Streets with various laterals in the streets in Hillcrest Park and Hillcrest Subdivision No. 2 with pumping lift station near the intersection of Morningview and Hillcrest Road and acting on any other business as may proper- ly come before a regular meeting of the City Council. Ordinance No. 29-46 An Ordinance granting to the Iowa Improvement Company per- mission to construct a sanitary sewer connecting with the City sew- er at its junction at Hillcrest and Asbury Streets with various laterals in the streets in Hillcrest Park and Hillcrest Subdivision No. 2, with pumping lift station near the inter- section of Morningview and Hill- crest Road, a cast iron force line from pumping station, providing for the payment of the costs thereof, and regulating the construction, use and maintenance thereof, pre- sented and read. Councilman Van Duelman moved that the reading Just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 83.46. Preliminary approval of plans, etc. Be It Resolved by the City Council of the City of Dubuque, Iowa, that the proposed plans, spe- cifications, form of contract, and all other documents contained here- in are hereby approved and ordered filed in the office of the City Clerk for public inspection, and are to be considered a part of this resolution, for the'clearing, grubbing, and grad- ing of Avalon, Broadlawn, Morn- ingview, Chaney, Ogilby, Mullin, Valleyview, and Hillcrest Roads. Estimated cost $7,249.72. Passed, adopted and approved this 24th day of June, 1946. FRANK VAN DUELMAN, Mayor Pro Tem F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Special Session, Junc 24th, 1946 179 Resolution No. 84-46. Whereas, plans and specifications have .been duly presented to the City Council for the clearing, grubbing and grading of Avalon, Broadlawn, Morningview, Chaney, Ogilby, Mullin, Valleyview and Hill- crest Roads in the City of Dubuque. And Whereas, it appears that the cost thereof will exceed the sum of $5,000.00. And Whereas, bbfore any such contract may be entered into the City Council shall adopt proposed plans and specifications and pro- posed form of contract, and fix a time and place for hearing there- on. Now. Therefore Be It Resolved; That the hearing on the question of adopting said proposed plans and specifications and the proposed form of contract be and the same is hereby fixed for 7:30 P. M. July 15, 1946, in the Council Chamber at the City Hall in the City of Du- buque, and the City Clerk is here- by directed to give notice thereof by a publication in The Telegraph - Herald at least ten days before said hearing. The above resolution was intro. duced, approved and adopted this 24th day of June, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (ORDERING CONSTRUCTION) Resolution No. 85-46. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OE DUBUQUE that pursuant to a reso lution of necessity No. 83-46 whicl was duly passed by this Council for the clearing, grubbing and grad ing of Avalon, Broadlawn, Morning view, Chaney, Ogilby, Mullin, Val feyview and Hillerest Roads be and the same are hereby ordered and constructed .by this Courcil upon, its own motion and without the petition of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fleations heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED .hat the cost and expense of the ;aid improvement, be paid out of the grading fund of the city. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided f6r in the manner provided by law, the said improvements shall be completed on or before the 15th day of Aug- ust, 1946. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 24th day of June, 1946. ALBERT WHARTON, Mayor. FRANI{ VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Jean Mac Leish Dern, Hubbard Woods, llli- nots, expressing grateful appreci- ation for the prompt and courteous attention given by the Chief of Police and the Police Department to their telephone inquiry as to whether or not their sister and her husband were registered at • the 180 Special Session, June 24th, 1946 Canfield Hotel on the night of the fire at the Canfield Hotel, presented and read. Councilman Van Duelman moved that the communication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Executive Committee of the League of Iowa Municipalities containing a state- ment as to what took place at the annual convention of the League, presented and read. Councilman Thompson moved that the com- munication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Ways and Means Committee, Trades and Labor Con- gress, requesting permission to use the lots on the Fourth Street Ex- tension for the holding of a carni- val during the middle of July, 1946, presented and read. Councilman Van Duelman moved that the re- quest be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition oethe Dubuque Woman's Club, by Miss Olive Adams, Cor. Secretary, urging the City Council to begin an immediate and thorough investigation of all buildings where large numbers of children and adults are accustomed to congre- gate to ascertain if they are fire- proof and also to check all exits, fire escapes, stairways and base- ments of public buildings so as to prevent future fires, also urging that the fire department be kept at a high standard and to be always of the best and adequate for all the needs of the community and ad- vising that the club wishes to ex- press its high praises to the Du- buque Firemen for their gallant and heroic conduct during the Can. field fire• and further extending their congratulations to the Du- buque Policemen who materially aided the Firemen in t h e i r work and to prevent accidents dur- ing the congestion at the time of the fire, presented and read. Coun- cilman Thompson moved that the petition be received and filed. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of O'Connor, Thomas & O'Connor, by E. Marsh- all Thomas, submitting for Council consideration a proposed Ordinance granting permission to the Illinois Central Railroad Company and the Chicago Great Western Railway Company to construct and maintain railroad tracks across certain streets and city property to serve the premises recently leasod by the Virginia -Carolina Chemical Cor- poration, presented and read. Coun- cilman Van Duelman moved that the communication be received and filed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 30-46. An Ordinance granting to the Illi- nois Central Railroad Company and the Chicago, Great Western Rail- way Company, their successors and assigns, right to construct and maintain a side-track from their tracks in Block 17 in Dubuque Har- bor Improvement Company's Addi- tion in the City of Dubuque, Iowa, from a point located in Lot 33, Block 17, Dubuque Harbor Improvement Company's Addition, thence north- easterly over and across Lots 33, 34 and 35, the alley in Block 17 and Lot 2 of Lot 16, Lot 2 of Lot 1 of Lot 17 and Lot 1 of Lot 1 of Lot 18 and Lot 1 of Lot 19, all in Block 17, Dubuque Harbor Improvement Company's Addition in the City of Dubuque, Iowa, and thence northeasterly across relocated Commercial Street and into the premises described as Lot. 1 of River Front Subdivision Special Session,.June 24th, 1946 181 No. 1; in the City of Dubuque, Iowa, and providing the terms and con- ditions thereof, presented and mead. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mr. J. E. Behliner addressed the Council submitting a verbal request for permission to acquire a piece of land lying between Lot 167 Finley Addition and Avoca Street. Council- man Murphy moved that the verbal request of Mr. J. E. Behlmer be re- ferred to the City Manager for in- vestigation and report. Seconded Uy Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ing been passed upon•flrst reading on June 10th, 1946 and ordered Placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. Ordinance No. 28-46 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" extending the present Business District at 23rd Street and Central Avenue to include certain defined territory now being delim- ited as "Two Family Residence District" classification. Whereas, Application has been filed with the City Council of the City of Dubuque to amend the Zon- ing 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 Business District classifi- cation certain territory hereinafter described now delimited as "Two Family Residence District" And, Whereas, such Application has been submitted to the Plan- ning and Zoning Commission of the City of Dubuque, which Commission has recommended that said' Petit- ion be granted. And, Whereas, Notice of such proposed change has been pub- lished as provided by Resolution of this Council and by law, parties in interest and citizens had an op- portunity to be heard at the public meeting held at 7:30 P. M., .Tune 10th, 1946 in the City -Council Chamber in the City Hall, Dubuque, Iowa; And, Whereas, no objections of any kind were filed or made to the proposed change. Now, Therefore: BE IT ORDAINED BY THE Ordinance No. 28.39. CITY COUNCIL OF THE CITY An Ordinance amending and OF DUBUQUE: changing the 'Zoning Map of the See. 1. That the Zoning Map and City of Dubuque as provided by Or- Zoning Ordinance of the City of dinance No. 3-34, designated "Zon- Dubuque be, and the same is here- ing Ordinance of the City of Du- by amended and changed as fol- buque" extending the present Busi- lows: ness District at 23rd and Cbntral By changing from a "Two Fam- Avenue to include certain defined ily Residence District" to a Busi- territory now being delimited as "Two Family Residence District" fnessolio District the area described as classification, said ordinance hav- 182 Special Session, June.24th, 1946 Beginning at a point on the northerly line of Lot 3Brewery Addition one hundred feet westerly of the westerly line of Central Ave- nue; thence westerly along the northerly line of Lot 3 Brewery Addition crossing Carr Street and continuing westerly along the northerly line of Lot 2 of Brewery Addition one hundred and twenty- two feet; thence southerly along the northerly extension of the west- erly line of Lot 8 of Schaffner's Sub across Lots 2 and 5 Brewery Addition and southerly along the westerly line of Lot 8 of Schaff- ner's Sub. one hundred feet; thence easterly along the extension of the southerly line of the private alley In Schaffner':; Sub. and easterly along the southerly line of the pri- vate alley in Schaffner's Sub. to the northwesterly corner of Lot 1 of the Sub. of Lots 1 and 2 and of the South one-half of Lots 5, 6 and 7 of Schaffner's Sub. which point is on the present limit of the busi- ness district one hundred feet west- erly of the westerly line of Central Avenue. Sec. 2. This Ordinance shall be in force and effect ten days from and after its final passage, adopt- ion and publication as provided by law and when the cost of publish- ing same has been paid by the Petitioner. Passed upon first reading this 10th day of June, 1946. Passed, adopted and approved upon final reading this 24th day of .lune, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, . GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Tele- graph -Herald newspaper this 26th day of June, 1946. J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the ordinance. Second. ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 18, 1946 In re: Claim of W. E. Briggs Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On or about April 27, 1946, W. E. Briggs, while driving on Seminary Street, struck a hole in the street which had apparently been refilled in connection with the sewer line, causing damage to the front end of his car in the amount of $22.48. It is my opinion that the City was negligent in failing to take care of this condition and that this damage should be paid. I recommend that the same be paid in the amount of $22.48 and that a warrant be issued to him for that amount and delivered to him upon delivery to the City of a prop- er release. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Moffatt moved that the recommendation of City Solicit- or Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $22.48 in favor of W. E. Briggs, as settlement in full of his claim, and that said warrant be delive;.ed upon receipt by the City of Dubuque of a prop- erly executed release. Seconded by .C,ouncilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 18, 1946. -In re: Claim of George J. Haber- korn Honorable Mayor and City Courieil Dubuque, Iowa Gentlemen: On or about April 28, 1946, George J. Haberkorn while driving east on Seminary Street, struck a hole in the street which apparently had been refilled in connection with the sewer line, causing damage to the front end of his car in the amount of $28.39. It is my opinion that the City was negligent in failing to take care of this condition and that his damage should be paid. I recommend that the same be paid in the amount of $28.39 and t �{ Special Session, June 24th, 1946 183' that a warrant be issued to him for that amount and delivered to him upon delivery to the City of a prop- er release. Yours truly, John J. Kintzinger, City Solicitor. Councilman Murphy moved that the recommendation of City Solicit- or Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $28.39 in favor of George J. Haberkorn, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a propertly executed re- lease. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton. Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, Cit Clerk. 1) Approved � ."1946 _ X Adopted Councilmen: L Attest: ........... .... City Clerk M �n� Special Session, June 28th, 1946 City Council (official) Special Session. June 28th, 1946. Council met at 7:30 P. M. Present—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting upon resolutions directing the is- suance of beer permits and cigar- ette licenses and acting on any oth- er business as may properly come before a regular meeting of the City Council. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilmen Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Vah Duelman. Nays—None. Petition of Dubuque Post No. 3- Amvets requesting the City Council to take prompt and decisive action in helping to secure some of the public housing units now available from the Federal Public Housing Authority, presented and read. Messrs. Harvey Hingten and A. F. Neuwoehner addressed the Council in support of the petition of the Dubuque Post No. 3-Amvets. Coun- cilman Van Duelman moved that the petition be referred to the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—Non!, Council Proceedings for the months of January, 1946 and Feb. ruary, 1946, presented for approval. Councilman Murphy moved that the Council Proceedings for the months :)f January, 1946 and February, 1946, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communications of the Board of Dock Commissioners submitting for Council records the Agreement be- tween Interstate Power Company and the City of Dubuque and also Lease Agreement between the Vir- ginia -Carolina Chemical Corpora- tion and the City of Dubuque, dated February 9, 1946, presented and read. Councilman Murphy moved that the communication and Agree- ments be referred to the City So- licitor for investigation. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 18, 1946 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: Referring to attached petition of Wayne A. Johnston et. al. referred to the Planning & Zoning Com- mission on June 10th, 1946, the Planning & Zoning Comission re- spectfully recommends granting of the petition provided an eight foot (8 ft.) easement (4 feet on each side of center alley) is reserved by the City for utilities. Yours truly, T HE DUBUQUE PLANNING & ZONING COMMISSION Richard V. McKay, Secy. Councilman Thompson m o v e d that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas ---Mayor Wharton, Council- men Moffffatt, Murphy, Thompson, Van Duelman. Nays—None. Special Session, June 28th, 1946 185 June 18, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to at- tached petition of Georgia Grigg, the Planning and Zoning Commis- sion respectfully recommends den- ial of the petition. This property is located in a choice Single Family Residence District where mainten- ance of present classification seems very desirable. The rezoning of this one property to allow the change requested would be illegal. Yours truly, THE DUBUQUE PLANNING & ZONING COMMISSION. Richard V. McKay, Secy. Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 28, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning & Zon- ing Commission respectfully recom- mends the acceptance of the Burk- hart Subdivision. Acceptance of the Burkhart Subdivision by the Plan- ning & Zoning Commission is indi- cated by the signature of its secre- tary on the attached plat. Respectfully submitted, THE DUBUQUE PLANNING & ZONING COMMISSION. By Richard V. McKay, Sec'y. Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, June 26, 1946. To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Civil Ser- vice Commission conducted an en- trance examination for those seek- ing positions as Ambulance Driver, this examination was held on Wednesday, June 19th, 1946. We herewith submit our report showing the names of those who Passed the examination with an average of 70% or better. Name. Average. Cyril V. Behr..................................96% Respectfully submitted, E. B. LYONS, Chairman. C. S. HARKER, R. M. BENN. Attest: J. J. SHEA, Clerk. Subscribed and sworn to before me, a Notary Public, this 26th day of June, 1946. JOHN A. BRADY, Notary Public. Councilman Thompson moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, June 26th, 1946. To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Civil Ser- vice Commission conducted an en- trance examination for those seek- ing position as Assistant Milk In- spector, this examination was held on Wednesday, June 26th, 1946. We herewith submit our report showing the names of those who passed the examination with an average of 70% or better. Name. Average. Robert E. Friedell 90% Respectfully submitted, E. B. LYONS, Chairman. C. S. HARKER, R. M. BENN, Commissioners. Attest: J. J. SHEA, Clerk. Subscribed and sworn to before me, a Notary Public, this 26th day of June, 1946. JOHN A. BRADY, Notary Public. 186 Special Session, June 28th, 1946 Councilman Moffatt moved that the report of the Civil Service Com- mission be received and made a matter of record. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, June 26th, 1946. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Civil Service Commission conducted an entrance examination for those seeking positions as Policewomen, this examination was held on Wednesday, June 26th, 1946. We herewith submit our report showing the names of those who passed the examination with an average of 70% or better. Name Average Rosemary L. Gibson 80% Respectfully submitted, E. B. LYONS Chairman C. S. HARKER R. M. BENN Commissioners. Attest: J. J. SHEA Clerk. Subscribed and sworn to before me, a Notary Public, this 26th day of June, 1946. JOHN A. BRADY Notary Public. Cuncilman Murphy moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 25, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: 1 herewith submit the reports of the City Auditor, City Treasurer, City Waterworks, and City Health Department, also a list of claims and list of payrolls for which warrants were drawn dur. Ing the month of May, 1946. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the report be received and placed on file. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. June 27, 1946. In re: Claim of Mrs. Gertrude Zwack. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the above claim, Mrs. Gertrude Zwack fell on the sidewalk on the Ninth Street side of the Bank & Insurance Building at a place where the side- walk was icy, injuring her left arm and elbow. Her actual expenses amounted to $73.00. I have taken the matter up with the Bank & In- surance Building and they have agreed to pay one-half thereof, I recommend that the claim of Mrs. Gertrude Zwack be allowed in the sum of $36.50 and that a war- rant be issued payable to her order in that amount and delivered to her upon delivery to the City of a pro- perly executed release. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Moffatt moved that the recommendation of City Solicit. or Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $36.50 in favor of Mrs. Gertrude Zwack, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None, Resolution No. 85A-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Special Session, June 28th, 1946 187 Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on be- half of said City. Name. Address. Alford Finch, 1347 Central Avenue. Zeno A. Tranel, 598 Main Street. Gilbert J. Nicks and Josephine Nicks, 201 East 22nd Street. Page Hotel Company, 73-75 East 4th Street. Nick Kramer and Marie J. Kra- mer, 2222 Central Ave. George Miller, 400 Central Avenue. Leo V. Cunningham and J. M. Thompson, 210 West 1st Street. Mike Sand and Marie Sand, 2498 Central Avenue. Louis Anthoine, 119 West 6th Street. Mrs. Kate Capretz and Wm. Lembke, 2595 Rhomberg Avenue. John J. Baumgartner and John M. Baumgartner, 1543 Central Avenue. Vincent Duffy and Madlyn Duffy, 378 Main Street. A. R. Uppinghouse, 238-240 West 6th Street. Wm. Horne, 400 Rhomberg Avenue. John Schaetzle, 2162 Central Avenue. William F. Trimpler and Jean Trimpler, 1563 Central Avenue. Jacob Hedrick, 1236 Iowa Street. Millard Poquette, 923 Main Street. Millard Poquette and Clifford G. Harker, 951 Main Street. Luxemburg Club of Dubuque, 1862 Central Avenue. North End Choral Club, 2774-2776 Jackson Street. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. William Maas and Elizabeth Maas, 1401 Elm Street. George Westercamp, 1399 Jack- son Street. Albert G. Peryon, 257 Eighth Avenue. Frank H. Berntgen, 2186 Cen- tral Avenue. Mrs. Tillie Weber, 189 Locust Street. Dell Warren and Ralph Warren, 1700 Central Avenue. Walgreen Drug Company, 813 Main Street. Joseph C. Schneider, 2900 Cen. tral Avenue. Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue. Frank Kraus, 2412 Central Ave. nue. Hartig Drug Company, Inc., 97 Locust Street. Hartig Drug Company, Inc., 2376 Central Avenue. Hartig Drug Company, Inc., 730 Main Street. Joseph D. Noel and Elsie Noel, 1080 University Avenue. Joseph J. Siege, Jr. and Ferdi- nand W. Kenniker, 2401 Windsor Avenue. United Cigar -Whelan Stores Corporation, 805 Main Street. Arthur H. Eichman, 2119 Rhom. berg Avenue. Richard Waller, 435 Central Ave. nue. Anton Fortmann, 253 M a i n Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Kermit Meyers and Thomas Lilly, 714 Main Street. Eileen H. Kaiser, 1405 Dodge Street. Klauer - Julien Hotel Company, 2nd and Main Streets. Leo F. Link, 1487 Central Ave. nue. Roshek Brothers Company, 700- 798 Locust Sheet. Robert J. Bowen, 1105 Univer- sity Avenue. Frank Reis, 509 Eighth Avenue. Arthur Apel, 1176 Iowa Street. R. D. Hughes and Anna. Hughes, 1006 Central Avenue. Diamond's Grill, Inc., 900-910 Main Street. Harry A. Rawson, 342 Main Street. B.P.O.E. Lodge No. 297, 7th and Locust Streets. Anthony W. Moes and Donald C. Moes, 698 Central Avenue. Joe Harris, 2117 University Ave. nue. Daniel McDonald, 216 West 1st Street. William P. Collins, 1046 Central Avenue. Thomas F. McDonough and Ruth McDonough, 1052 University Ave- nue. The Great Atlantic & Pacific Tea Co., 13th and Iowa Streets. Dubuque Packing Company, 16th and Sycamore' Streets. ;'&V 188 Special Session, June 28th, 1946 Carl F. Schlueter, 1233 Rhom- berg Avenue. Andrew D. Karigan, 720 Main Street. Andrew D. Karigan, 401 Central Avenue. Paul J. Meyer, 532 East 22nd Street. William Savary and Viola Sav- ary, 827 Dodge Street. Gus L. Manternach, 1105 Loras Blvd. Harry Murphy and Dorothy Mur- phy, 1097 Jackson Street. John Glynn and Helen Glynn, 659 Central Avenue. John Grutz and Clara Grutz, 2991 Central Avenue. Dubuque Metal Trades Council Club, 290 West 4th Street. George J. Zillig, 234 West 9th Street. Leonard Burke, 1091 Main Street. The Dubuque Club, 9th and Main Streets. Herman Reinker and Neillie Reinker, 1555 Central Avenue. Clarence J. Bowen and Robert L. Hanson, 1590 Elm Street. Charles Falkenhainer, 1097 Uni- versity Avenue. American Legion, Dubuque Post No. 6, 494 Main Street. B. A. Ruegnitz, 629 Rhomberg Avenue. John J. Stemm, 1298 Main Street. Ray J. Nicks, 521 East 22nd Street. Walter Mengis, 1618 Central Ave- nue. Peter J. Apel, 265 West First Street. Robert E. Chapman and Tillie Chapman, 601 Rhomberg Avenue. Wm. Van der Mulen and Sophie McMann, 2327 Central Avenue. Milton Fink, 3165 Central Avenue. George P. Arvanitis, 1958 Central Avenue. Wm. E. Wodrich, 1101 Rhomberg Avenue. Thomas P. Sullivan, 620 S. Grand- view Avenue. Wm. C. Leik, 601 Rhomberg Ave- nue. Mrs. Agnes Clancy, Eagle Point Park. Dubuque Cycle Club, 111 W. 6th Street. Richard J. Alderson, 399 E. 20tb Street. John Henkel and Alma Henkel, 241 Main Street. err. Joseph Hillard and Bernice Hil- lard, 431 Rhomberg Avenue. Dubuque Lodge No. 355, Loyal Or- der of Moose, 1379 Central Avenue. J. F. Stampfer Company, 800 Main Street. Ernest W. Pfalzgraf, 1300 Cen- tral Avenue. Harold A. Casey, 655 Seminary Street. Frank Sand and Elsie Sand, 2364 Washington Street. Thomas R. Peed and Raymond G. Wunder, 236 West 7th Street. Mrs. Rosemary Hird, 2220 Uni- versity Avenue. Harry Grode and Viola Grode, 1638 Central Avenue. The Rex Club, 127 W. 6th Street. Steve Koleopulos and Christ Ko - leas, 493 Main Street. M. J. Ludwig, 1545 S. Grandview Avenue. American Veterans of World War II, Dubuque Post No. 3, 429 Main Street. John M. Kane, 29 Eighth Avenue. George A. Nardin, 1255 Central Avenue. William F. Keefe, 2700 Jackson Street. Harry N. Gantert, 1301 Rhomberg Avenue. Morris B. Flick, 5 Eighth Avenue. George C. Deyoe, 469 Main Street. John Meisemburg, 450 W. Locust Street. Irvin G. Hessel, 2678 Central Ave- nue. Roy Brammer, 1306 Delhi Street. Iona Conner and Ray Conner, 1322 Central Avenue. Sylvester Weiner and Dolores Weiner, 201 E. 22nd Street. Fred Herber and Annabelle Her- ber, 2108 Central Avenue. Hubert Galle and Arthur J. Spahn, 551 Main Street. Union League Club, 400 Iowa Street. Oasis Club, 998 Central Avenue. Frank McLaughlin, 115 E. 22nd Street. Henry Torrey, 205 Kaufman Ave- nue. Robert McFarlane, 1798 Central Avenue. Peter Petrakis, 1401 Central Ave- nue. Clarence Pregler, 2403 Central Avenue. Mrs. Florence Helmer, 3203 Jack- son Street. Special Session, June 28th, 1946 189 Loras College, 655 Loras Blvd. Dick Ferguson, 310 E. 30th Street. R. H. Conklin, 1875 University Avenue. Jack Solomon, 555 Main Street. Charles Clancy and Marie Clancy, 177 Main Street. Merlin Apel, 1195 Dodge Street. William Hochberger, 1701 Asbury Street. Sidney H. Veaco, 2510 Central Avenue. Hazel Bradberry, 2026 Central Avenue. Frank J. Pusateri, 1296 Central Avenue. Fraternal Order of Eagles, Aerie No. 568, 6th and Locust Streets. Clarence C.' Buelow, 1555 So. Grandview Avenue. Vincent B. Schwartz, 1105 Wal- nut Street. Knights of Columbus, Council No. 510, 781 Locust Street. Mrs. Agnes Tahina, 2649 Win- sor Avenue. Arthur J. Trapp, 1266 Central Avenue. Edmund N. Manders, 1001 Rhom- berg Avenue. Melvin C. Lynn, 424 West Lo- cust Street. Stanley Meis, 605 West Locust Street. Geo. C. Kruse, 2418 Central Ave- nue. Charles Snyder and Elsie Snyder, 543 Eighth Avenue. Ellas Milhalas, 574 East 16th Street. Charles Pochter and Ruth Poch - ter, 342 Eighth Avenue. Triangle Cafe, 926 Main Street. Vincent J. Hogan, 231 West 2nd Street. Robert J. Quinlan and Evelyn Quinlan, 1091 White Street. Melvin H. Maas and Miner Maas, 700 East 16th Street. Rod and Gun Club, 1103 Iowa Street. Roy A. Wright, 2600 Jackson Street. Leonard P. Bertsch, 304-326 Main Street. Dr. Pepper Bowling Lanes Club, 880 Locust Street. Wm. T. Potterveld and F. C. Pot- terveld, 1687 Delhi Street. Thomas E. Nacos, 1564 Central Avenue. Henry C. Braun, 1415 Rhomberg Avenue. Paul Dillon and Joseph Dillon, 2417 Rhomberg Avenue. George J. Scherer, 1187 Iowa Street. Henry ,Jansen and Lucille Jan- sen, 55 East 7th Street. Fred H. Cooper and Chris D. Martin, 250 West 6th Street. Geo. Lanser and Helen Lanser, 3165 Central Avenue. National Tea Company, 896-898 Main Street. Hawkeye Lodge of City of Du- buque, Iowa, 1382 Central Avenue. Amy Haley, 815 West 5th Street. Ray Irwin and Paul Megonigle, 101 Main Street. George L. Pappas, 600 Main Street. George Kanavas and John G. Kanavas, 1689 Elm Street. John E. Noel and June Noel, 2400 Central Avenue. Melvin B. Mc Donough, 305 Eighth Avenue. A. J, Ender, 1703 Maple Street. A. J. Ender, 534 Rhomberg Ave. nue. Wm. Wagner, 1501 Rhomberg Avenue Paul C. Wright,. 2987 Jackson Street. John J. Ward, 1876 Central Ave- nue. George T. Vrotsos and Spiros D. Coven, 605 Main Street. Veterans of Foreign Wars Club, 1201 Central Avenue. Leo Wagner, 553 Eighth Avenue. Marjorie G. Morrow and Hazel A. Schwartz, 1585 Delhi Street. Dale Duncan, 155 West 11th Street. Dale Duncan, 132 Eighth Avenue. Dale Duncan and Merlin Fitz- gibbons, 422 Main Street. Joseph Walsh, 21 West 7th Street. Joseph J. Ott, Jr., 2003 Wash- ington Street. Harold Carr, 301 Eighth Avenue. Earl J. McNamara, 1046 Univer- sity Avenue. Donald J. Fondell and Adele B. Fondell, 1902 Central Avenue. Val J. Pins and Helen Pins, 892 Cleveland Avenue. John C. Beck, 1501 Central Ave- nue. Arthur Pins, 408 West Locust Street. ;01 Jackson Otto J. llunbar, Street. 190 Special Session, June 28th, 1946 N. J. Kopp, 253 East 21st Street. Hollywood Grill, 500 Main Street. Mrs. Anna Heiar, 1900 Washing- ton Street. Eugene McCann, 802 Iowa Street. Cruso A. Alba, 2601 Jackson Street. Steve Cole, 402 Main Street. Bert Zelens, 401 Main Street. Leo M. Kraus, 1096 Central Av- enue. Charles S. Dugan, 390 East 12th Street. 0 Arthur F. Herber and Theresa Herber, 2319 Prince Street. Victory Club, 951Y2 Main Street. Wm. F. Barrington and Clifford Calvert, 250 West 1st Street. Theodore T. Kies, 1362 Central Avenue. Mrs. Beatrice Winkler, 625 Cen- tral Avenue. Louis Breitbach, 332 Eighth Av- enue. George Ragatz, Jr., 1996 Central Avenue. Frank McCauley, 1040 University Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 28th day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 856-46 Whereas, applications for 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinaw.-es of this City. Class "B" Permit Name Address Geo. Lanser and Helen Lanser, 3165 Central Avenue. George Westercamp, 1399 Jack- son Street. Steve Koleopulos and Christ Kol- eas, 493 Main Street. John Meisenburg, 450 West Lo- cust Street. Charles Pochter and Ruth Poch - ter, 342 Eighth Avenue. Melvin H. Maas and Miner Maas, 700 East 16th Street. Harvey L. Spielman, 185 Main Street. Mike Sand and Marie Sand, 2498 Central Avenue. William E. Wodrfch and Anna Wodrich, 1101 Rhomberg Avenue. Louis A. Wright and Raymond P. Wright, 1828 Central Avenue. Robert J. Quinlan and Evelyn Quinlan, 1091 White Street. William Savary and Viola Sav- ary, 827 Dodge Street. Klauer-Julien Hotel Company, Second and Main Street. Fred Herber and Annabelle Her- ber, 2108 Central Avenue. Fred H. Cooper and Chris D. Mar- tin, 250 West 6th Street. James M. Donahue, 576 Central Avenue. Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Av- enue. Frank Sand and Elsie Sand, 2364 Washington Street. Frank McLaughlin and Anna Mc- Laughlin, 115 East 22nd Street. Mrs. Tillie Weber, 189 Locust Street. R. D. Hughes and Anna M. Hughes, 1006 Central Avenue. Albert M. Meyer, 779 Iowa Street. Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue. George J. Scherer and Emma M. Scherer, 1187 Iowa Street. Anton Fortmann, 253 Main Street. Mrs. Kate Capretz and Wm- Lembke, 2595 Rhomberg Avenue. Thomas R. Peed and Raymond G. Wunder, 236 West 7th Street. Walter Mengis and Mathilda Men- gis, 1618 Central Avenue. William Horne and Mary Horne, 400 Rhomberg Avenue. Daniel McDonald and Loretta Mc- Donald, 216 West First Street. George Kanavas and John G. Kanavas, 1689 Elm Street. Special Session, June 28th, 1946 191 John J. Stemm and Alberta Stemrn, 1298 Main Street. Frank Klein and Anna Klein, 600 Central Avenue. William W. Cosley and Maggie Cossey, 1121 University Avenue. Charles S. Dugan and May E. Dugan, 390 East 12th Street. Andrew D. Karigan, 720 Main Street. William Maas and Elizabeth Maas, 1401 Elm Street. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue. Charles Clancy and Marie Clancy, (change of address from 236 West 1st Street) 177 Main Street. Class "B" Beer Permit for Private Club Fraternal O r d e r of Orioles, Lodge No. 11, 16th and Central Av- enue. The Rex Club, 127 West 6th Street. Fraternal Order of Eagles, Aerie No. 568, 6th and Locust Streets. Dubuque Cycle Club, 111 West 6th Street. The American Legion, Dubuque Post No. 6, 494 Main Street. The Dubuque Club, 9th and Main Streets. Leo A. Schwind Post. No. 508, Veterans of Foreign Wars, Inc., 1201 Central Avenue. Class "C" Permit Name Address Roshek Brothers Company, 700- 798 Locust Street. Otto J. Dunbar, 2401 Jackson Street. Vincent J. Hogan, 231 West 2nd Street. Arthur Wm. Pins, 408 West Lo- cust Street. Passed, adopted and approved this 28th day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, Cit. Clerk Councilman Van Duelman moved the adoption of the resolution. Sec ended by Councilman Murphy. Car ried by the following vote: Yeas—Mayor Wharton, Council men Moffatt, Murphy, Thompson Van Duelman. Nays—None. Resolution No. 85C-46 .Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and . Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this city and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Mana- ger be and he is hereby directed to issue to the following named appli- cants a Beer Permit. Class "B" Permit Name Address Geo. Lanser and Helen Lanser, 3165 Central Avenue. George Westereamp, 1399 Jack- son Street. Steve Koleopulos and Christ Kol- eas, 493 Main Street. John Meisenburg, 450 West Lo- cust Street. Charles Pochter and Ruth Poch. ter, 342 Eighth Avenue. Melvin H. Maas and Miner Maas, 700 East 16th Street. Harvey L. Spielman, 185 Main Street. Mike Sand and Marie Sand, 2498 Central Avenue. William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue, Louis A. Wright and Raymond P. Wright, 1828 Central Avenue. Robert J. Quinlan and Evelyn Quinlan, 1091 White Street. William Savary and Viola Savary, 827 Dodge Street. Klauer-Julien Hotel Company, Second and Main Streets. Fred Herber and Annabelle Her- ber, 2108 Central Avenue. Fred H. Cooper and Chris D. Martin, 250 West 6th Street. James M. Donahue, 576 Central Avenue. Clarence C. Buelow and Adele Buelow, 1655 So. Grandview Av- enue. Frank Sand and Elsie Sand, 2364 Washington Street. I• rank McLaughlin and Anna Mc- Laughlin, 115 East 22nd Street. Mrs. Tillie Weber, 189 Locust Street. R D. Hughes and Anna M. 1-Iughes, 1oo6 Central Avenue. Albert M. Meyer, 779 Iowa Street. 192 Special Sess.ion, June 28th, 1946 Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue. George J. Scherer and Emma M. Scherer, 1187 Iowa Street. Anton Fortmann, 253 Main Street. Mrs. Kate Capretz and Wm. Lembke, 2595 Rhomberg Avenue. Thomas R. Peed and Raymond G. Wunder, 236 West 7th Street. Walter Mengis and Mathilda Mengis, 1618 Central Avenue. William Horne and Mary Horne, 400 Rhomberg Avenue. Daniel McDonald and Loretta Mc- Donald, 216 West First Street. George Kanavas and John G. Kanavas, 1689 Elm Street. John J. Stemm and Alberta Stemm, 1298 Main Street. Frank Klein and Anna Klein, 600 Central Avenue. William W. Cosley and Maggie Cosley, 1121 University Avenue. Charles S. Dugan and May E. Dugan, 390 East 12th Street. Andrew D. Karigan, 720 Main Street. William Maas and Elizabeth Maas, 1401 Elm Street. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue. Charles Clancy and Marie Clancy, 177 Main Street. (Change of address from 236 West 1st Street) Class "B" Beer Permit For Private Club Name Address Fraternal Order of Orioles, Lodge No. 11, 16th & Central Ave- nue. The Rex Club, 127 West 6th Street. Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Streets. Dubuque Cycle Club, 111 West 6th Street. The American Legion, Dubuque Post No. 6, 494 Main Street. The Dubuque Club, 9th & Main Streets. Leo A. Schwind Post No. 508, Veterans of Foreign Wars, Inc., 1201 Central Avenue. Class "C" Permit Name Address Roshek Brothers Company, 700- 798 Locust Street. Otto J. Dunbar, 2401 Jackson Street. Vincent J. Hogan, 231 West 2nd Street. Arthur Wm. Pins, 408 West Lo- cust Street. Be it Further Resolved that the bonds filed by such applicants be and the same hereby approved. Passed, adopted and approved this 28th day of June, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Atest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Moffatt. Carried by the following vflote : Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. Shea, City Clerk. Approved / iXlZ Adopted 1 '1 1 Councilmen: 1 I �l Attest: ........ Regular Se-ssl(m, July 1st, 1946 193 City Council (Official) Regular Session, July 1st, 1946. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- ilmen Moffatt, Murphy, Thompson, City Manager Rhomberg. Absent— Councilman Van Duelman. Mayor Wharton 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 meet- ing. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans and specifications, form of contract and cost of improvement for the paving of Harlan Street from the present pavement in Windsor Avenue to approximately the east property line of Sheridan Street north, pre- sented and read. No written ob. jections filed and no objectors present at the time of said hear- ing. Councilman Murphy moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thompson. Carried UY the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent — Councilman Van Duel man. (Decision of Council upon object- ions to plans, specifications, form of contract and cost of improve- ments.) Resolution No. 86.46 Whereas, proposed plans and specifications and form of contract for the paving of Harlan Street from the present pavement in Windsor Avenue to approximately the east property line of Sheridan Street north, have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1939, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of July, 1946; and Whereas, the City Council met in Regular session this 1st day of July, 1946, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consider- ing any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and no objections have been filed; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all such plans, specifications and form Proof of publication, certified to of contract heretofore approved by the publishers, of notice of a are hereby adopted. public hearing upon the resolution Be It Further Resolved that this of necessity for paving of Harlan resolution containing the decision Street from the present pavement of this Council upon all objections in Winsor Avenue to approximately which have been filed to the plans, the east property line of Sheridan specifications and form of contract Street north, presented and read. for or cost of said improvement be No written objections filed and no made a matter of permanent record objectors present at the time of in connection with said improve - said hearing. Councilman Murphy ment. moved that the proof of publica- passed adopted and approved tion be received and filed. Seconded this 1st day of July, 1946. by Councilman Moffatt. Carried by ALBERT WHARTON, the following vote: Mayor. Yeas—Mayor Wharton, Council- F. W. THOMPSON, men Moffatt, Murphy, Thompson. GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, Nays—None. Absent — Councilman Van Duel - man. 194 Regular Session, July 1st, 1946 Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent — Councilman Van Duel - man. (NECESSITY FOR IMPROVEMENT) Resolution No. 76-46 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuuqe and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as. sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the paving of Harlan Street from the present pavement in Winsor Ave- une to approximately the east prop- ety line of Sheridan Street north. Estimated cost $5,024.94. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable Idio- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the especial benefits conferred thereby, and any deficiency shall be paid out of the general fund, im- provement fund, or partly out of each of such funds. Bonds shall be isued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced,approved and ordered placed on file with the City Clerk this 10th day of June, 1946. Approved and placed on file for final action. The foregoing resolutiion was finally -passed and adopted, as pro- posed this 1st day of July, 1946. ALBERT WHARTON, Mayor. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent — Councilman Van Duel. man. (ORDERING CONSTRUCTION) Resolution No. 87-46 Be It Reselved By The City Coun- cil Of The City Of Dubuque that pursuant to a Resolution of neces- sity No. 76-46 which was duly passed by this Council, for the im- provement of Harlan Street from the present pavement in Winsor Avenue to aproximately the east property line of Sheridan Street north be and the same are hereby ordered and constructed by this Council upon the petition of pro- perty owners. All the work shall Regular Session, July 1st, 1946 195 be constructed in accordance with the plans and specifications hereto- fore adopted and now in file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im. provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proport- ion to the special benefits con- ferred, and any deficiency will be paid out of the general or improve- ment funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of ideferred payments of ass6ss- ments as provided by law after the work has been completed and ac- cepted by tha City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore the 15th day of September, 1946. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, addopted and approved this 1st day of July, 1946. ALBERT WHARTON, Mayor F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. lic hearing upon the plans and specifications, form of contract and C08 t of improvement for the pay. 1n9 of Euclid Street from the pre sent pavement in Windsor Avenue to approximately twenty two feet west of the east property line of Sheridan Street, presented and read. No written objections filed and no objectors present at the time of said hearing. Ccuncilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following; vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent -- Councilman Van Duel. man. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy` Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent — Councilman Van Duel - man. Proof of publication, certified to by the publishers, of notice of pub- Proof of publication, certified to by the publishers, of notice of a public hearing upon the resolution of necessity for the paving of Euc- lid Street from the present pave- ment in Windsor Avenue to ap- proximately twenty two feet west of the east property line of Sheri- dan Street, presented and read. No written objections filed and no ob- jectors present at the time of said hearing. Councilman Murphy moved that the publication be received and fil- e d. Seconded b y Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- provements. ) Resolution No. 88.46 Whereas, proposed plans and specifications and form of contract for the paving of Euclid Street from the present pavement in Wi nd- s o �• Avenue to approximately twenty two feet west of the east property line of Sheridan Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa. 1939, pertaining to public contracts Iand bonds, and the time and Place fixed for the hearing of all object- 196 Regular Session, July 1st, 1946 ions to said plans, specifications or contract for or cost of such im- provements, said time being this 1st day of July, 1946; and Whereas, the City Council met In Regular session this 1st day of July, 1946, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consider- ing any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the impro'vement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and no objections have been filed; now therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of the improvement be made a matter of permanent record In connection with said Improve- ment. Passed, adopted and approved this 1st day of July, 1946. ALBERT WHARTON, Mayor F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. (NECESSITY FOR IMPROVEMENT) Resolution No. 79.46 Whereas, proposed plans, speci- fleations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the paving of Euclid Street from the present pavement in Windsor Ave- nue to approximately twenty two feet west of the east property line of Sheridan Street. Estimated cost $5,229.69. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the propos�,d assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the 'amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve- ment fund or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred Payments of assessments when a Regular Session, July 1st, 1946 197 contract has been performed and accepted and all the proceeds there. of used to pay the contractor. The above resolution was intro. duced, approved an d ordered placed on file with the City Clerk this loth day of June, 1946. The foregoing resolution was fin- ally passed and adopted, as pro- posed this day 1st day of July, 1946. ALBERT WHARTON, Mayor F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. ment funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and is hereby ordered and directed to advertise for pro- posals for the construction of the various improvements herein pro- vided for in the manner provided by law, the said improvements shall be completed on or before the 15th day of September, 1946. Be It Further Resolved that this resfolution being deemed urgent Councilman Murphy moved the and of immediate necessity shall adoption of the resolution. Sec- be in force and effect from and onded by Councilman Moffatt. after its passage and adoption by Carried by the following vote: the City Council. Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. this 1st day of July, 1946. Nays—None. Absent—Councilman Van Duel- ALBERT WHARTON,Mayor man. F, W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. (ORDERING CONSTRU',CTION) Resolution No. 89-46 Be It Resolved By The City Coun- cil Of The City Of Dubuque that pursuant to a resolution of neces- sity No. 79-46 which was duly Councilman Moffatt moved the passed by this Council, for the Im- adoption of the resolution. Sec- provement of Euclid Street from onded by Councilman Thompson. the present pavement in Windsor Carried by the following vote: Avenue to approximately twenty Yeas—Mayor Wharton, Council - two (22) feet west of the east men Moffatt, Murphy, Thompson. property line of Sheridan Street be Nays—None. and the same are hereby ordered Absent—Councilman Van Duel. and constructed by this Council man. upon its own motion and with Communication of Paul C. Stork, the petition of property owners. Director National Garden Program, A 11 the work shall be con- United States Department, of Agri- structed in accordance with the culture, WashingtonD. C. asking plans and specifications heretofore the Mayors Washington leading cities to Iss- ue adapted and now on file in the office a proclamation calling the at - of the City Clerk. tention of their citizens to the Be It Further Resolved that the National Food Preservation Week, cost and expense of the said im- July 15-22, presented and read. provements be paid for by levying Councilman present moved that special assessments against the the Councicommulman be referred to privately owned property lying within the assessable distance the Mayor for his action. Seconded by Councilman Thompson. Carried Prom the improvements, whether by the following vote: such property abut upon the same Yeas—Mayor Wharton, Council - toare adjacent thereto, according en Moffatt, Murphy, Thompson. to the area thereof and in proport- Nays—None. ion to the special benefits con- Absent—Councilman Van Duel. ferred, and any deficiency will be paid out of the general, of improve- man. 198 Regular Session, July 1st; 1946 Communication of H. W. Bisch- man, Major,. Corps of Engineers Executive Officer War Department United States Engineer Office, Rock Island, Illinois, stating that an early reply would be appreci- ated, stating whether or not the City of Dubuque is desirous or in- terested in developing and super- vising for public recreational use the area immediately downstream from the dam abutment, Lock and Dam No. 11, known as "O'Leary's Lake" just off the Wisconsin end of the Eagle Point highway bridge, presented and read. Councilman Murphy moved that the communi- cation be referred to the City Coun- cil, City Manager and City Soltel- ter for consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. Communication of County Audi - ter Daykin advising that the Board of Supervisors have aceepted an offer of $20.00 made by Mrs. Dan Leeffelholz on Lot 40 Rosedale Addition, presented and read. Coun- cilman Thompson moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. Communication of the Dubuque Automobile Club, E. T. Frith, President, stating that the Dubuque Auto Club Board of Directors wishes to go on record as request - the City Council to increase the Dubuque Police Department to at least an average size police depart- ment for cities in the 50,000 class population from 38 to 48 men im- mediately and further requesting that at least eight of these men be given specialized training in traffic accident investigation problems, presented and read. Councilman Moffatt moved that the communi- cation be referred to the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel. man. Petition of Mrs. Irene Theel re- questing a refund in the amount of $150.00 on her Class "B" Beer Per- mit No. 24 as she has discontinued business on July 1, 1946, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount. of $150.00 in favor of Mrs. Irene Theel to cover the amount of refund granted on the unexpired portion of her Class "B" Beer Permit No. 24. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. Proof of publication, certified to by the -publishers, of notice to Elec- tors of the holding of a special Election on Electric Franchise to be held July 8th, 1946, presented ai4d Tead. Councilman Moffatt moved that the proof of publicat- ion be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. Proof of publication, certified to by the publishers, of notice to Electors of the holding of a Special Election on Bus Franchise to be held July 8th, 1946, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel. man. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn dur- ing the month of May, 1946 pre Regular Session, July 1st. IN6 199 sented and r e ad. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel. man. Ordinance No. 29-46. An Ordinance granting to the Iowa Improvement Company per- mission to construct a sanitary sewer connecting with the City sewer at its junction at Hillcrest and Asbury Streets with various laterals in the streets in Hillcrest Park and Hillcrest Subdivision No. 2, with pumping lift station near the intersection of Morningview and Hillcrest Road, a cast iron force line from pumping station, pro- viding for the payment of the costs thereof, and regulating the con- -struction, use and maintenance thereof, said ordinance having been passed upon first reading on June 24th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week be- fore its final adoption, was pre- sented for final adoption. ORDINANCE NO. 29-46 An Ordinance granting to the Iowa Improvement Company permission to construct a sanitary sewer connect- ing with the City sewer at its June- toin at Hillcrest and Asbury Streets with various laterals in the streets in HillcrestPark and Hillcrest Sub- division No. 2, with pumping lift sta- tion near the intersection of Morning - view and Hillcrest Road, a cast iron force line from pumping station, pro- viding for the payment of the cost thereof, and regulating the construc- tion, use and maintenace thereof. Now, Therefore. I3e it Ordained b the City Council of the City of Du- buque: Sec. 1. That permission be, an the same Is hereby granted tothei Iowa Improvement Company, successors and assigns, to construc lateral sewers, a pumping lift statio and a cast iron force line in Hilleres Park and Hillcrest Subdivision No. in the City of Dubuque, Iowa, The project shall consist of 91 lineal feet of sanitary sewer in A bury Street from the east line Avalon to the West line of Chane at which point It shall enter In an existing manhole; 1046 feet sewer In Avalon; 994 in Proadlaw 155 In 0 In Valley gView;; 770 675 ln Chane in Ogilb 200 in Mullin; 2130 in Htllcre which shall connect with the ci sewer at the intersection of Hillere and Asbury Streets, a sewage 1 station near the intersection of 1170 ningview and Hillcrest Road to will a six-inch cast Iron force main 535' feet long ,hall be connected. Sec. 2. That permission be, and the same Is hereby granted, to the said Iowa Improvement Company to corutect said sanitary sewer with the City sewer at the Junction of Hillcrest and Asbury Streets. Sec. 3. That the expense and cost of constructing the project as above described shall be paid by the Iowa Improvement Company, and that no part of said expense shall be borne by the City of Dubuque. See. 4. That the expense of main- taining said server and pumping lift station shall be paid by the City of Dubuque and that no part of said maintenace shall he borne by the Iowa Improvement Company. Sec. 5. That after said sanitary sewer has been constructed as above described, all persons living along and adjacent to said server .shall have the right to connect therewith, but such right shall only he. granted upon a proper application being made to the City Council of the City of Du- buque, and by paying to the Iowa improvement Company the appli- cant's proportionate part of the cost of erecting said sewer, pumping sta- tion and Inst iron force line, with- out interest, based nn the lineal front- age of his property on said sheets, which payment must be established to the satisfaction of the City Coun- cil before the right to connect shall be granted. Sec. 6. That the total cost of the construction of said sanitary sewer, pumping station and cast iron force line shall be made a matter of record and preserved in the office of the City Engineer of the City of Dubuque. Sec. 7. That the construction of said sewer shall be done under the supervision of the City Manager and City Engineer of said City. Sec. S. That after said sewer has been laid and completed, said streets in which said sewer leas been laid shall be put back in as good condi- tion as they were before they were torn up for the purpose of receiving said sewer, and shthe 1 Iowa heldImprove- ment Company respon Bible for any and all damages which may arise out of the construction of sald ,project. s Sec. 9. This Ordinance shall be In force and effect ten (10) days from and after its final passage, adoption Y and publication as provided by law. Passed upon first reading this 24th d day of June, 1946. e Passed, adopted and approved upon IY, 1916. �, final reading Ihis l't AI.PERT� WHAtRTON. t NT a yor. 2 \V. W. Nio I� A'P'I', 2 Attest: Councilmen, As J. J. Shea, oP City Clerk. Y. Int ACCEPTANCE OF of ORDINANCE NO. 29-46 n; The [0wa fmprovement Company, Y, full knowledge and under - Y; having tY tions standing Ordinance NO.2946a hereby st accepts the same ns adopted and ift agrees to comply with all the terms r- and conditions thereof. 1916. h Figned this 2nd day of July. 200 Regular Session, July 1st, 1946 IOWA IMPROVEMENT COMPANY. By—I.. A. Rowland. V. P. Published officially in The Td. graph -Herald newspaper this 5th day of .July, 1946. .I. J. SHEA, 7-5-1t City Clerk. Councilman Thompson moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. Ordinance No. 30-46. An Ordin- ance granting to the Illinois Cen- tral Railroad Company and the Chi- cago, Great Western Railway Com- pany, their successors and assigns, right to construct and maintain a sidetrack from their tracks in Block 17 in Dubuque Harbor Im- provement Company's Addition in the City of Dubuque, Iowa, from a point located in Lot 33, Block 17, D u b u q u e Harbor Improvement Company's Addition, thence north- easterly over and across Lots 33, 34 and 35, the alley in Block 17 and Lot 2 of Lot 16, Lot 2 of Lot 1 of Lot 17,and Lot 1 of Lot 1 of Lot 18 and Lot 1 of Lot 19, all in Block 17, Dubuque Harbor Improvement Company's Addit- ion in the City of Dubuque, Iowa, and thence northeasterly a c r o s s relocated Commercial Street and into the premises described as Lot 1 of River Front Subdivision No. 1, in the City of Dubuque, Iowa, and providing the terms and conditions thereof, said ordinance having been passed upon first reading on June 24th, 1946 and ordered placed on file with the City Clerk of public inspection for at least one week before its final adoption, was presented for final adoption. OF LOT 1 OF LOT 17 -AND LOT 1 OF LOT 1 OF LOT 18 AND LOT 1. OF LOT BUQUE HARBORALLNIMPROVEBLOCK MENT COMPANY'S ADDITION IN THE CITY OF DUBUQUE, IOWA, AND THENCE NORTHEASTERLY ACROSS RELOCATED COMMER- CIAL STREET AND INTO THE PREMISES DESCRIBED AS LOT 1 OF RIVER FRONT SUBDIVISION NO. 1, IN THE CITY OF DUBUQUE, IOWA, AND PROVIDING THE TERMS AND CONDITIONS THERE- OF, Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That permission be and the same is hereby granted to the Illinois Central Railroad Company and the Chicago Great Western Rail- way Company, their successors and assigns, to lay down, operate and maintain a side-track from their tracks now located in Block 17 In Dubuque Harbor Improvement Com- pany's Addition in the City of Du- buque, Iowa, from a point located In Lot 33, Block 17, Dubuque Harbor Im- provement Company's Addition, thence northeasterly over and across Lots 33, 34 and 35, the alley in Block 17 and Lot 2 of Lot 16, Lot 2 of Lot 1 of Lot 17, and Lot 1 of Lot 1 of Lot 18, and Lot 1 of Lot 19, all in Block 17, Dubuque Harbor Improvement Company's Addition in the City of Dubuque, Iowa, and thence north- easterly across relocated commercial street and into the premises described as Lot 1 of River Front Subdivision No. 1, in the City of Dubuque, Iowa, In accordance with plans on file in the office of the City Clerk for the City of Dubuque, Iowa. Section 2. That in the laying down and the operation of said track, the same shall be so constructed and maintalned as to create the least possible obstruction of the ordinary travel and use of the street and alley on and over which said track is laid; that cars shall not be allowed to stand on the track in said street and alley and that same shall be kept free from travel at all times except when it may be necessary for cars to be switched across the same. Section 3. That said track hereby authorized shall be laid to the estab- lished grade of relocated Commercial street and the alley in Block 17, Du- buque Harbor Improvement Com- pany's Addition and should the grade of said street and alley be changed at any time, the said track shall be so changed as to conform to such changed grade at the expense of the railroad companies, and the com- panies shall have no claim for dam- ages against the City by reason ORDINANCE NO. 30-46 AN ORDINANCE GRANTING TO THE, ILLINOIS CENTRAL RAIL- ROAD COMPANY AND THE CHI- CAGO GREAT WESTERN RAIL- WAY COMPANY, THEIR SUCCES- SORS AND ASSIGNS, RIGHT TO CONSTRUCT AND MAINTAIN A S l 1) E- TR A C K FROM THEIR TRACJ' S IN BLOCK 1.7 IN DU - HARBOR IMPROVEMENT CWI PA N Y'S ADDITION IN THE CITY OIC' DUBUQUE, IOWA, FROM A POINT LOCATED IN LOT 33, BLOCK 17, DUBUQUE HARBOR IMPROVEMENT COMPANY'S AD- DITION, THENCE NORTHEASTER- LY OVER AND ACROSS LOTS 33, 34 AND 35, THE ALLEY IN BLOCK 17 AND LOT 2 OF LOT 16, LOT 2 thereof. Section 4. That said railroad com- panies shall keep the space between the rails on said track and the end of the ties so graded that automo- biles or other vehicles may easily cross over the same, and that when required by the City Council, said railroad companies shall plank be- tween the rails and make suitable approaches to enable vehicles to eas- ily cross the same, Section 5. Said track shall be so constructed and maintained as not to dam up or obstruct the flow of water in said street and alley and the said railroad companies shall at their own expense construct such drainage structures as may be necessary to prevent the damming up or obstruc- Regular Session, July 1st, 1946 ' ' 201 tion of flowage of the water in said street and alley. Section 6. It is further expressly stipulated and provided that all rail- road companies now operating tracks In the city shall be entitled at any time to have their cars transferred over said track, and all intermediate tracks of said companies, their suc- cessors and assigns, which may be necessary to be used in order to con- nect with the track hereby authorized upon the payment of such switching charges which may be uniformly ap- plied within this city and accepted as reasonable between railroad com- panies operating within the city. Section 7. This Ordinance being deemed urgent and of immediate ne- cessity, shall become effective upon its passage, adoption and approval by the City Council and publication as provided by law and the rights herein granted shall accrue to said railroad companies when this Ordinance has been accepted by said railroad com- panies, which acceptance shall be endorsed thereon and when the costs and expense of publishing same have been paid by said railroad companies and when the injuries and damage to property abutting upon said street and alley have been ascertained and compensated for, or In lieu thereof, when the record owners of such prop- erty and record holders of liens and encumbrances thereon have filed with this Council their consent to the con- struction and operation of such track and waivers and releases of any dam- ages which may be sustained by them on account of the construction and operation of the same. Passed upon first reading this 24th day of June, 1946. Passed, adopted and approved on final reading this 1st day of July, 1946. ALBERT WHARTO Mayor. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATC uncilmen. kttest: J. J. SHEA, City Clerk. Acceptance By Illinois Central Railroad Company block 17 and Lot 2 of Lot 16, Lot 2 of Lot, 1 of Lot 17 'and Lot 1 of I.ot 1 of Lot 18 and Lot 1 of Lot 19, all in block 17, Dubuque Harbor Improvement Company's addition in the City of Dubuque, Iowa, and thence northeasterly across relocated Commercial Street and into the premises de- cribed as Lot 1 of river front sub- division No. 1, in the City of Dubuque, Iowa, and providing the terms and conditions there- of:' being Ordinance No. 30-46 and that said railroad company does hereby agree to comply with all the terms and conditions of said Ordinance. Illinois Central Railroad Com- pany does hereby accept all the terms, provisions and conditions of the Ordinance adopted by the City Council, Dubuque, Iowa, en- titled: "An Ordinance granting to the Illinois Central Railroad Com- pany and the Chicago, Great Western Railway Company, their successors and assigns, right to construct and maintain a side- track from their tracks in block 17 in Dubuque Harbor Improve- ment Company's addition in the City of Dubuque, Iowa, from a point located in Lot 33, block 17, Dubuque Harbor Improvement Company's addition, t h e n c e northeasterly over and across Lots 33, 34 and 35, the alley in ILLINOIS CENTRAL RAILROAD COMPANY by C. H. Mottier Vice President and Chief Engineer. Acceptance by Chicago Great Western Railway Chicago, Great Western Railway Company does hereby accept all the terms, provisions and condit- ions of the Ordinance adopted by the City Council, Dubuque, Iowa, entitled: "An Ordinance granting to the Illinois Central Railroad Com- pany and the Chicago, Great Western Railway Company, their successors and assigns, right to construct and maintain a side- track from their tracks in block 17 in Dubuque Harbor Improve- ment Company's addition from he City of Dubuque, Iowa, point located in Lot 33, block 17, Dubuque Harbor hnprovement Company's addition, t h e n c e northeasterly over and across Lots 33, 34 and 35, the alley in block 17 and Lot 2 of Lot 16, Lot 2 of Lot 1 of Lot 17 and Lot 1 of Lot 1 of Lot 18 and Lot 1 of Lot 19, all in block 17, Du- buque Harbor Improvement Com- pany's addition in the City of Dubuque, Iowa, and thence north- easterly across relocated Com- mercial Street and into the premises described as Lot 1 of of river fiofuDabuque, vision lIowa, in the City and providing the terms and con- ditions thereof." being Ordinance No. 30-4�oesdhe here - railroad company 202 Regular Session, July 1st, 1946 by agree to comply with all the terms and conditions of said Ordi- nance. CHICAGO GREAT WESTERN RAILWAY COMPANY. By g. W. BURTNESS, President. Published officially in The Tele- graph -Herald newspaper this 24th day of September, 1946. J. J. Shea, City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt. Murphy, Thompson. Nays --None. Absent—Councilman Van Duel - man. Dubuque, Iowa, June 29, 1946. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Civil Service Commission conducted an entrance examination for those seeking positions as As- sistant Engineer at Pumping Sta- tion, this examination, was held on Wednesday, June 19th, 1946. We herewith submit our report showing the names of those who passed the examination with an average of 70% or better. Name Average Robt. J. Schuster ...................... 84%% Howard A. Hanson....................83% Robt. E. Jaeger ......................82% Michael L. Moore......................76% Win. H. Haveland....................71% Respectfully submitted, E. B. Lyons. Chairman. C. S. Harker. R. M. Benn. Commissioners. Attest: J. J. SHEA, Clerk. Subscribed and sworn to before me, a Notary Public, this 29th day of June, 1946, Geraldine L. Demkier. Notary Public. Councilman Thompson moved that the report of the Civil Serv- ice Commission be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. July 1, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of June 10, 1946 the petition of Iola J. Lenhardt et al requesting the installation of two street lights on Montrose Terrace was referred to the council to view the grounds. The council having viewed the site on June 30th, decided to grant the request by ordering two street lights one near the intersection of Cornell Street and Montrose Ter- race and the other at the point on Montrose Terrace opposite the leading to Fairview Place. I recom- mend that the decision of the coun- cil be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Manag- er Rhomberg be approved. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel. man. July 1, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of June 3, 1946 the petition of L. B. Wertz request- ing permission to install an en- trance stairs to extend from the al- ley to the main floor in the rear of 630 Main Street was referred to the Council to view the grounds. The council viewed the site on .Tune 30th and decided to grant the request. I recommend that the de- cision of the council be confirmed and the proper proceedings be adopted granting the petition for a stairway extending not more than 3'-6" into the alley between Main Regular Session, July 1st, 1946 203 and Iowa Streets adjacent to the South % of City Lot 22. Respectfully submitted, A. A. RHOMBERG,- City Manager. Councilman Moffatt moved that the recommendation of City Manag- er Rhomberg be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. Resolution No. 90-46. ed by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel. man. Whereas, Lot 23 of S. M. Lang - worthy's Add. to the City of Du- buque, Dubuque County, Iowa, was sold on January 4, 1937 to Du. buque County, Iowa, by the Coun- ty Treasurer of Dubuque County, Iowa, for delinquent taxes and un- paid taxes for the years 1933 to 1935, inclusive; and Whereas, The said Dubuque County, Iowa, desires to sell the above described real estate to Jo- seph Straub for $10.00, and Whereas, The sale of said prop- erty by Dubuque County, Iowa to Joseph Straub for a sum less than the total amount stated in the tax certificate including all endorse- ments of subsequent general taxes, interests and costs requires the written approval of a majority of all tax -levying and tax -certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to Joseph Straub for the sum of $10.00 in cash be and the same is hereby authorized and approved. Passed, adopted and approve this 1st day of July, 1946. ALBERT WHARTON, Mayor. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved th adoption of the resolution. Second Resolution No. 91-46. Wlierea�. Lots 49 and 50 of Wood - lawn Park in the City of Dubuque, Dubuque County, Iowa, were sold on February 3, 1936 to Dubuque County, Iowa, by the County Treas- urer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes for the years 1930 to 1934, inclus- ive; and Whereas, The said Dubuque County, Iowa, desires to sell the above described real estate to Mike Kopchansky for $40.00, and Whereas, The sale of said prop- erty by Dubuque County, Iowa to Mike Kopchansky for a sum less than the total amount stated in the tax certificate including all en- dorsements of subsequent general taxes, interests and costs requires the written approval of a majority of all tax -levying and tax -certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to Mike Kopchansky for the sum of $40.00 in cash be and the same is hereby authorized and approved. Passed, adopted and approved this 1st day of July, 1946. ALBERT WHARTON, Mayor. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- d Tied by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays --None. Absent—Councilman Van Duel - man. Resolution No. 92-46. Whereas, The South 10 feet of Of the West 100 feet of Lot 1 Du- Jaeger's Sub. it, the City Ofowa was e baque, Dubuque Count to Du - sold on February 204: Regular Session, July 1st, 1946 buque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and. unpaid taxes for the years 1932 to 1934, in- clusive; and Whereas, the said Dubuque Coun- ty, Iowa, desires to sell the above described real estate to Thomas Lilly for $25.00, and Whereas, The sale of said prop- erty by Dubuque County, Iowa to Thomas Lilly for a sum less than the total amount stated in the tax certificate including all endorse- ments of subsequent general taxes, interests and costs requires the written approval of a majority of all tax -levying and tax certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to Thomas Lilly for the sum of $25.00 in cash be and the same is hereby authorized and approved. Passed, adopted and approved this 1st day of July, 1946. ALBERT WHARTON, Mayor. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Nays—None. Absent—Councilman Van Duel - man. above described real estate to James Freeman for $600.00. Whereas, The sale of said prop- erty by Dubuque County, Iowa to James Freeman for a sum less than the total amount stated in the tax certificate including all endorse- ments of subsequent general taxes, interests and costs requires the written approval of a majority of all tax levying and tav-certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to James Freeman for the sum of $600.00 in cash be and the same is hereby authorized and approved. Passed, adopted and approved this 1st day of July, 1946. ALBERT WHARTON, Mayor. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Resolution No. 93.46 Whereas, The West 103 feet of Lot 782 and the West 103 feet of the South 12 feet of Lot 783 of A. McDaniel's Sub. in the City of Du- buque, Dubuque County, Iowa, was sold on February 3, 1936 to Du. buque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and un- paid taxes for the years 1929 to 1934, inclusive; and Whereas, The said Dubuque County, Iowa, desires to sell the Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Nays—None. Absent—Councilman Van Duel - man. Councilman Van Duelman entered the Council Chamber and took his seat at 8:05 P. M. Resolution No. 94-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having compiled with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City, and the Manager is directed to issue such permit on behalf of said City. Name. Address. Joseph L. Wingert and Josephine L. Wingert, 678 Central Avenue. Anthony Schmit and Francis Schmit, 1048 Main Street. Be It Further Resolved that the bonds filed with the applications be approved. Regular Session, July lst, 1946 205 Passed, adopted and approved this lst day of July, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 95.46 Whereas, Applications for Class "B" Beer Permits have been sub- mitted 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT. Name. Address. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. Louis Breitbach, 332 Eighth Avenue. John M. Kane, 29 Eighth Avenue. Passed, adopted and approved this 1st day of July, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. cants and they have received the approval of this Council; and . Whereas, The premises to be oc- cupied by such applicants have been inspected 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 Man- ager be and he is hereby directed to issue to the following named ap- plicants a Beer Permit. CLASS "B" PERMIT. Name. Address. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. Louis Breitbach, 332 Eighth Avenue. John M. Kane, 29 Eighth Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of July, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 96--46 Whereas, Heretofore applications for Class "B" Beer Permits were filed by the within named appli- Resolution No. 97-46 RESOLUTION AND APPLICA- TION FOR APPROVAL TO LEVY AN EMERGENCY TAX. Whereas, The revenue in certain funds of the municipality set out in the within application is inadequate to meet the actual and necessary expenses which must be paid from said funds and any extraordinary or unforseen expense which may arise during the ensuing fiscal year; and Whereas, The inadequacy of the revenue referred to is deemed to constitute an emergency which re- quires the levy of an emergency tax; therefore Be It Resolved by the City Coun- cil of the City of Dubuque, Du- 206 Regular Session, July 1st, 1946 buque County, Iowa, that the State Comptroller be andis to reby levy an tioned for approval emergency tax for the year 1946, in the sum of Twenty-four Thousand Dollars ($24,000.00), (not exceeding one mill) said tax to be used as set out below. The Consolidated Fund is to be benefited by the transfer of $24,000.00 from the Emergency Fund. This is necessary because of the greatly increased costs of sal- aries, wages and supplies already in effect which may further be in- creased by any extraordinary or un- forseen circumstances which may arise during the year 1947.1943. (Presiding Officer) ALBERT WHARTON, Mayor. ( Secretarial Officer) J. J. SHEA, City Clerk. The foregoing resolution was adopted at a Regular Council meet- ing held on the 1st day of July, A. D. 1946. The vote thereon was as follows: Ayes —Mayor Wharton, Council- men 'Frank Van Duelman, F. W. Thompson, Geo. R. Murphy, W. W. Moffatt. Nays—None. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Messrs. Frank Kerrigan, Harold Molo and.John Grogan, members of the Parking Advisory Committee, discussed at some length with the City Council the parking and traffic problems and. advised Council that they were not prepared at this time to submit any recommendations but would have recommendations to submit to the City Council upon the completion of a traffic survey which they contemplate having made by a traffic expert from the University of Iowa. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Mayor Whar- ton. Carried by the following vote- Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, Approv( Adoptee Counciln Attest: City Clerk. .i S1,(,i:il Sessio.n, City Council (Official). Special Session, July, 9th, 1946. Council met at 7:30 P. M. Present --Mayor Wharton,'Coun- cilmen Moffatt, Murphy, Thomp- son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Murphy. Precincts Electric Franchise Yes No First 295 6 Second 223 3 July 9th, 1946 207 Mayor Wharton read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of canvassing the vote cast at the Special Election of Jnly 8th, 1946 and acting on any other business as may properly conte before a regular meeting of the City Coun- cil. The vote of the Special Election of July Sth, 1946 was then can- vassed and showed the following results: Bus Franchise Total vote Yes No cast 294 6 306 224 2 230 Third 158 8 150 3 179 Fourth 105 5 99 3 114 Fifth 244 6 235 6 250 Sixth 197 7 186 3 211 - Sevsnth 77 4 68 4 84 Eighth 122 4 121 4 131 Ninth 88 0 85 0 97 Tenth 193 6 193 5. 207 Eleventh 98 7 98 4 105 Twelfth 116 1 113 1 117 Thirteenth 164 g 150 7 187 Fourteenth 113 2 1 12 2 118 - Fifteenth 102 5 98 5 110 Total 229 r 72 2226 60 2446 Resolution No. 98.46 Whereas a special municipal election was held on July 8, 1946, in the City of Dubuque purusant to Special Ordinance No. 15.46 finally passed by the City Council on June 3, 1946, at which election the following question or pro- position was submitted to the elec- tors of the City of Dubuque, as provided by the Statute of Iowa namely, to -wit: "Shall the Interstate Power Com- pany, its successors and assigns, be granted the right to erect, ex- tend, maintain and operate its existing electric generat- Ing, transmission and distribut- ion facilities and additions there- to in, under, over, along, across, and upon the streets, lanes, ave- nues, sidewalks,alndypublic pla- parks, highways, ces in the City of Dubuque and subsequent additions thereto, and the ,purpose of producing for sale distributing electricity for light, heat, power, and itY ther end purposes, to the the inhabitants thereof for a period of twenty-five (25) years as provided and upon the terms and conditions set forth in the Ordinance adopted by the City 208 Special Session, July 9th, 1946 Council on the 3rd day of June, 1946, And, Whereas, the votes cast at such election were canvassed by the City Council on July 9, at a special meeting of such City Coun- cil called into session for said pur- pose and the result found to be as follows: YES 2295 NO 72 And, Whereas, it appears from such canvass that a majority of all the electors voting at said special election voted in favor of the above proposition. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: That in compliance with the wishes of the people expressed at the special election held on July 8, 1946, the above Electric Fran- chise Special Ordinance is ap- proved and ratified and the same is hereby declared to be adopted. Passed, adopted and approved this 9th day of July, 1946. ALBERT WHARTON Mayor FRANK VAN DUELMAN F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest: J. J. Shea City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 99-46 Whereas, a. special municipal election was held on July 8, 1946, in the City of Dubuque purusant to Special Ordinance No. 16-46 fin- ally passed by the City Council on June 3, 1946, at which election the following question or proposition was submitted to the electors of the City of Dubuque, as provided by the Statute of Iowa, namely, to - wit: "Shall the Interstate Power Company, its successors and as- signs, be granted the right and permission to operate busses for Public transportation as a com- mon carrier upon and along the streets of the City of Dubuque In accordance with the laws of the State of Iowa and the City of Dubuque for a period of ten (10) years as provided and upon the terms and condition set forth in the Okdimnce adopted by the City Council on the 3rd day of June, 1946, And, Whereas, the votes cast at such election were canvassed by the City Council on July 9, 1946, at a special meeting of such City Council called into session for said purpose and the result found to be as follows: YES 2226 NO 60 And, Whereas, it appears from such canvass that a majority of all the electors voting at said special election voted in favor of the above proposition. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: That in compliance with the . wishes of the people expressed at the special election held on July 8, 1946, the above Bus Franchise Special Ordinance is approved and ratified and the same is hereby de- clared to be adopted. Passed, adopted and approved this 9th day of July, 1946. ALBERT WHARTON Mayor FRANK VAN DUELMAN F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest: J. J. Shea City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Original Notice of Suit of Geneva Knapp, Plaintiff VS City hof Du- buque, Iowa, Defendant, in the amount of $1,000.00 for injuries sustained in a fall on a sidewalk approximately in front of the prop- erty situated at 512 West Seven- teenth Street, presented and read. Councilman Thompson moved that Special Session, July 9th, 1946 209 the Original Notice of Suit be re- ferred to the City Solicitor. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Original Notice of Suit of Annie Steffan, Plaintiff VS City of Du- buque, Iowa, Defendant, in the amount of $5,000.00 for injuries re- ceived in a fall on an icy sidewalk on the south side of 14th Street at a point about 15-20 feet west of the southwest corner of the intersect- ion of 14th and White Streets, pre- sented and read. Councilman Mof- fatt moved that the Original Not- ice of Suit be referred to the City Solicitor for investigation. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Street from Garfield Avenue to Lin- coln Avenue, also the paving of the alley between Garfield Avenue and Rhomberg Avenue between the 700 block and the 800 block, also for the installation of an electric street light in the 800 block of Lincoln Avenue, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Wm. E. Ber- geren, Assistant Director for Devel- opment and Reutilization, Federal Public Housing Agency, Chicago, Ill., enclosing three application form for participation in the tem- porary housing program for vet- erans and servicemen in the event that the City is interested in parti- cipating in this program, and rug - Communication of Carl V. Riley, gesting that a request be submitted Secrgtary, Dubuque Recreation so that the application may be on Amateur Baseball Association, file should sufficient facilities be stating that the Assn. respectfully made available, presented and read. recommends that in the event Councilman Murphy moved that there is an opening in the Recre- the City Clerk be instructed to re- ation Commission they are sub- fer the communication to the Sec- mitting for Council consideration retary of the Veterans Housing the name of Mr. F. P. Delany for Committee. Seconded by Council - membership on said Commission, man Moffatt. Carried by the follow - presented and read. Councilman .vote: Moffatt moved that the communi- ing cation be referred to the Council. mYeas—Mayoren sMu Wharton, Thompson, Seconded by Councilman Thop m son. Carried by the following vote: Van Duelman. Yeas—Mayor Wharton, Council- Nays—None. men Moffatt, Murphy, Thompson, Communication of Frank R. Ker - Van Duelman. rigan, Chairman of the Parking Nays—None. Committee, advising that the coni - Communication of the Telegraph mittee has no suggestions to make Herald, by Ralph H. Martin. Com- at this time regarding the installa- mercial Printing Department, ask- tion of parking meters as the Com- ing permil;sion to increase their mitt,, feels that they do not want price to $3.00 per page for the to make any recommendations on printing of the Council proceed- meters until a survey is made by a ings, presented and read. Council- representative of the Bureau of man Van Duelman moved that the public Affairs of the State Univer- request be granted. Seconded by sity of Iowa and recommending Councilman Moffatt. Carried by that a levy of one-half mill be made the following vote: this year for the purpose of 1), - Yeas—Mayor Wharton, Council- ing parking facilities, presented and men Moffatt, Murphy, Thompson, read. Van Duelman. Councilman Van Duelman moved Nays—None. that the communication be referred Petition of E. T. Frith and others to the Council for consideration. requesting the paving of Hutnbolt 210 Special Session, July 9th, 1946 Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Certificate of Library Tax Levy, certified by the Board of Trustees of the Public Library, determining and fixing the budget requirements and tax levy for the ensuing year for library purposes in the amount of $43,580.00, presented and read. Councilman Murphy moved that the Certificate of Library Tax Levy be referred to the City Council for consideration. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 31-46. An Ordi- nance vacating the alley between Auburn and Atlantic Streets run- ning northerly from Custer Street to Loras Boulevard in the City of Dubuque, Iowa, presented and read. Councilman Van Duelman moved that the reading just had be consid- ered the first reading of the ordi- nance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mr. Harry Bennett addressed the Council requesting that the Roller Rink to be operated on Rhomberg Avenue be required to install rani. tary sewer connections before they be allowed to open up for business. July 3, 1946. Honorable Mayor and Members of the City Council. Gentlemen: With reference to the "Agreement" dated February 9, 1946, between Interstate Power Co. and the City of Dubuque, by the Board of Dock Commissioners, and the "Lease Agreement" dated Feb- ruary 9, 1946, between the Virginia Carolina Chemical Corporation and the City of Dubuque, by the Board of Dock Commissioners forwarded to the City Council for the records, I recommend that the same be tiled with the City. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicit- or Kintzinger be approved. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. July 3, 1946. Honorable Maydr and Members of the City Council. Gentlemen: With reference to plat of Burkhart Subdivision, I have examined same together with Cer- tificates required by Subdivision Ordinance 23-45, and state that the same complies therewith. Section 5 of said ordinance fur- ther provides an examination should be made to ascertain (1) Whether streets, alleys, boule- vards, parks and public places shall conform to the general plat of the city and conduce to an or- derly development thereof, and not conflict or interfere with rights-of-way or extensions of streets or alleys already estab- Special Session, July 9th,. 1946 211 lished, or otherwise interfere with the carrying out of the com- prehensive city plan, in case such has been adopted by such city. If such plats shall conform to the statutes of the state and ordi- nances of such city, and if they shall fall within the general plan for such city and the extensions thereof, regard being had for pub- lic streets, alleys, parks, sewer connections, water service, and service of other utilities, then it shall be the duty of said council and commission to indorse their approval upon the plat submitted to it; provided that the city council may as to plats of land lying within the corporate limits require as a condition of approval of such plats that the owner of the land bring all streets to a grade acceptable to the council and comply with such other rea- -sonable requirements in regard to installation of public utilities, or other improvements, as the Coun- cil may deem requisite for the protection of the public interest. I am unable to report on this matter. Yours truly, JOHN J. KINTZINGER, City Solicitor such as administration building, parking areas, hangars, water sup- ply and sewage. disposal, etc., de- pend upon the initiative of the mu- nicipality for their development. Since the arrangements for the development of the landing area proper have been taken care of, the most pressing need is for an access highway to the airport. For the pro- per use of the field and for the con- venience of the public it is neces- sary that a highway be built on the northerly side of the airport con- necting U. S. Highways No. 61 and 151. I recommend that the City Coun- cil petition the Iowa State Highway Commission for the construction of an access highway as outlined. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson m o v e d that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the report of City Solicitor Kintzinger together with the plat of Burkhart Subdivision be approved and the Mayor and Clerk authorized and directed to execute approval of said plat on behalf of the City of Dubuque, Iowa. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. July 9, 1916. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With the award of the concrete paving contract by the C.A.A. for the surfacing of the run- ways, the development of the mu- nicipal airport by the Federal Gov- ernment is entering one of its final phases. There still remains the re- latively minor matters of fencing and lighting to be contracted by the C.A.A. The other needed facilities Resoluton No. 100---46 Whereas, L. B. Wertz, by L. B. Wertz, has filed with the City Coun- cil a request asking for permission to install an entrance stairs to ex- tendfrom the alley to the main floor at the rear of 630 Main Street, Whereas, said matter was re- ferred to the City Council to view the grounds. And Whereas, the City Council has viewed the grounds and is of the opinion said request should be granted. And whereas, Ann Ryan North and Gertrude Ryan Cross are the owners of the said real estate. Now, Therefore, Be it Resolved by the City Council of the City of Dubuque: Section 1. That Ann Ryan North and Gertrude Ryan Cross, their heirs, ns be, suc ae a °hei by gra-s and nted the and they right and authority to install an en- trance stairs to extend from the al- ley tthe mai n Street. e rear of theo building at 630 Mai Sec. 2. That such construction is to be done under the direction and 212 Special Session, July 9th, 1946 supervision of the Building Inspect- or and City Manager, and under any rules and regulations they may prescribe. Sec. 3. That the right to con- struct and maintain said stairway shall be subject to the continuous control of the City Council, reserv- ing the right to said City Council to impose restrictions and conditions upon the enjoyment thereof as may be reasonably necessary for the pro- tecton of the public interests, in- cluding the right to revoke and re- scind the grant hereby made, if at any time the public interests should so require. Sec. 4. As a further considera- tion of the rights and privileges herein granted, said Ann Ryan North and Gertrude Ryan Cross, their successors and assigns, as- sume any liability for damages to persons or property which may re- sult from the construction and/or maintenance of said stairway, and said Ann Ryan North and Gertrude Ryan Cross, their successors and as- signs, at their own expense, agrees to defend any and all claims or ac- tions which may be made or brought against the City because of the construction and/or mainten- ance of such stairway, and should the City be required to pay any sum as damages, said Ann Ryan North and Gertrude Ryan Cross, their suc- cessors and assigns, agree to fully reimburse the City therefor and to hold said City harmless from any damages. Sec. 5. Should the rights and privileges herein granted be re- scinded or revoked, said Ann Ryan North and Gertrude Ryan Cross, their successors and assigns, at their own expense and upon re- ceipt of notice by registered mail, agrees, within 30 days after receipt of such notice, to remove the struc- ture herein authorized and to re. store the street in as good condi- tion as it was before said construc- tion. Sec. 6. This Resolution shall be- come effective and the rights here- under shall accrue to Ann Ryan North and Gertrude Ryan Cross, their successors and assigns, when this Resolution has been passed by the City Council and accepted by said Ann Ryan North and Gertrude Ryan Corss, which acceptance shall be endorsed hereon. Passed, approved and adopted ;his 9th day of July, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, C6uncilmen. J. J. SHEA, City Clerk. ACCEPTANCE OF RESOLUTION NO. 100-46. Ann Ryan North and Gertrude Ryan Cross, having full knowledge and understanding of all the terms and conditions of Resolution No. 100-46, hereby accepts the same as adopted and agrees to comply with all the terms and conditions there- of. Signed this 12th day of July, 1946. Ann Ryan North and Gertrude Ryan Cross. By EARL R. BUSH, Their Agent. Councilman Thompson moved the adoption of the resoltion. Seconded by Cuncilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 101-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on be- half of said City. Name. Address. Phillip Mihalakis, 800 East 16th Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 9th day of July, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUEI.MAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Special Session,' July 9th, 1946 213 Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council-' men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 102-46 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that it is deemed advisable to sell the Northerly 140 feet of Lots 2 and 4 of Block D of Industrial Sub- division in the City of Dubuque, Iowa, to John A. Armstrong for the sum of Nine Thousand Nine Hun- dred Forty Nine Dollars and Eighty Cents ($9,949.80) and to execute a quit claim deed of said premises to said grantee and deliver the same to him upon payment of said pur- chase price. Be It Further Resolved That the Mayor and Clerk of said City of Du- buque be, and they are hereby auth- orized and directed to execute said deed on behalf of the City of Du- buque, and to affix thereto the of- ficial seal of said City. Passed, adopted and approved this 9th day of July, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. chial Schools; Arthur M. Bennett as a member representing the Park . Board; Mrs. Julius C. Loosbrock; Miss Anna B. Lawther; Mr. Leo F. McDonough. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the following named persons be appointed as members of the Mu- nicipal Playground and Recreation Commission for the term expiring July 2nd, 1949: Mayor Albert Whar- ton and City Manager A. A. Rhom- berg; Dr. V. B. Vanderloo as a member representing the Board of Education; Max Clark, Superinten- dent of Public Schools; Rt. Rev. J. M. Wolfe, Superintendent of Paro- Adopted,.QG ... j.. J� Councilmen: Attest:•:•'••:•• :.•.""" City Clerk. 214 Special Session, July 9th, 1946 Board of Health (official.) Special Session, July 9th, 1946. Board met at 8:55 P. M. Present — Chairman Albert Wharton, Messrs W. W. Moffatt, Geo. R. Murphy, F. W. Thomp- son, Frank Van Duelman, City Manager Rhomberg. Communication of A. H. Wieters, Director of Public Health Engine- ering, State Department of Health, advising of the receipt of a letter from Mrs. Ella Ohnesorge com- plaining of a nuisance in the street in front of her home at 1825 Lynn Street caused by the parking of stock trucks and the dumping of material in the street and request- ing that the Local Board of Health cause an investigation to be made of this matter and that he be in- formed as to the findings of the Local Board of Health and as to the action contemplated, presented and read. Mr. F. W. Thompson moved that the communication be referred to the Health Director to reply to Mr. A. H. Wieters as re- quested in his communication. Sec- onded by Mr. W. W. Moffatt. Car- ried by the following vote: Yeas—Chairman Albert Whar- ton, Messrs W. W. Moffatt, Geo. R. Murphy, F. W. Thompson, Frank Van Duelman. Nays—None. There being no further business Mr. F. W. Thompson moved that the Board of Health meeting ad- journ. Seconded by Mr. W. W. Mof- fat. Carried by the following vote: Yeas—Chairman Albert Whar- ton, Messrs W. W. Moffatt, Geo. R. Murphy, F. W. Thompson, Frank Van Duelman. Nays—None. J. J. Shea, Clerk; �q,�1�d of He?Jth. Members of Board of Health Attest: �... ... .� .. .......... C11�r Board of Health. Special Session, J Lily 15th, 1946 21 City Council (Official) have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa. 1939, pertaining to public contracts and Special Session, July 15th, 1946, bonds, and the time and place fixed Council met at 7:30 P. M. for the hearing of all objections to Present—Mayor Wharton, Coun- said plans, specification or contract cilmen Moffatt. Murphy, Thomp- for or cost of such improvements, son, Van Duelman, City Manager said time being this 15th clay of Rhomberg. July, 1946; and Meeting called by order of Coun- Whereas, the City Council met cilmen Van Duelman and Thomp- in Special session this 15th clay of July, 1946, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de. scribed and proposed to be made; and son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- ducting a public hearing on the plans and specifications, form of contract and cost of improvement for the clearing, grubbing, and grading of Avalon, Broadlawn, Morningview, Chaney, 0 g i 1 b y, Mullin, Valleyview and H i 1I - c r e s t Roads. Also to con- sider bids submitted for the above grading projects, and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans and specifications, form of contract, and cost of improvement for the clear- ing, grubbing, and grading of Ava- lon, Broadlawn, Morningview, Cha- ney, Ogilby, Mullin, Valleyview an(d Hillcrest Roadis. No written objections filed and no objectors present at the time set for said hearing. Councilman Van Duelman moved that the proof of publicat- ion be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (Decision of Council upon object- ions to plans, specifications, form of contract and cost of improve- ments) Wherems, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that no objections have been made and filed to tAe plans, specifications, contract for or cost of said im- provement herein described and proposed to be made, and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council be made a matter ofpermanent record in connection with said improvement. Passed, adopted and approved this 15th day of July, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHE City Clerk. Resolution No. 103-46 Whereas, proposed plans and specifications and form of contract for the clearing, grubbing and grading of Avalon, Broadlawn, Morningview, Chaney, Ogilby, Mul- lin, Valleyview and Hillcrest Roads Councilman Van Duelman moved the adoption resolution.of the Muphy Seconded by Councilman Carried by the following vote: Yeas—Mayor Wharton, Council" men Moffatt, Murphy Van Duelman. Nays --None. 216 Special Session, July 15th, 1946 Proof of publication, certified to by the publishers, of notice to grad- ing contractors, for the clearing, grubbing and grading of Avalon, Broadlawn, Morningview, Chaney, Ogilby, Mullin, Valleyview and Hill- crest Roads, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. July 15, 1946. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: Pursuant to.your in- structions, sealed bids were re- ceived until 10:00 o'clock A. M. July 15, 1946 for clearing, grubb- ing of Avalon, Broadlawn, Morning - view, Chaney, Ogilby, Mullin,- Val- leyview and Hillcrest Roads in the territory recently annexed to the city. Two bids were received: one from Merle L. Gaber of Dubuque In the amount of $11,068.00 and the other from Sumner S. Sollitt and Company of Chicago for the sum of $9,053.40. I recommend that the contract be awarded to Sumner S. Sollitt and Company at their bid price this being the lowest and best bid received. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (AWARDING CONTRACT) Resolution No. 104-46 Whereas, proposals have been. submitted by contractors for the clearing, grubbing and grading of Avalon, Broadlawn, Morningview, Chaney, Ogilby Mullin, Valleyview and Hillcrest Roads pursuant to Resolution No. 85-46 and Sumner S. Sollitt Company of Chicago, I11- inois contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Sum- ner S. Sollitt and Company of Chi- cago, Illinois and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfor- mance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on July 15th, 1946. Councilman Murphy moved that the resolution be approved and placed on file for public inspection for at least one week. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of American Legion, Du- buque Post No. 6, Amvets, Du- buque Post No. 3 and Veterans of Foreign Wars, by E. H. Laury, re- questing that the Mayor issue a proclamation declaring August 14th a local holiday for the pur- pose of commemorating V -J Day and also that permission be granted for the holding of a parade, pre- sented and read. Councilman Thompson moved that the request for the holding of a parade be gran- ted and the Mayor requested to issue an appropriate proclamation Special Session, July 15th, 1946 217 as requested. Seconded by Con. ncil• consideration. Seconded by Council- man Murphy. Carried by the follow- man Murphy. Carried by the follow- ing vote: ing vote: Yeas—Mayor Wharton, Council. Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, men Moffatt, "Murphy, Thompson, Van Duelman. Van Duelman. Nays—None. Nays—None. Mr. B. A. Ruegnitz addressed Certificate of Fire Pension Levy the Council asking Council to assist determining and fixing the budget in preventing tourist travel from requirements and tax levy for the being converted from the upper ensuing year for fire pension pur- High Bridge or Wisconsin Bridge poses showing proposed expendi- across the new Julien Dubuque tures in the amount of $25,500.00, of High Bridge. which the amount of $24,850.00 is Communication of Peter H. Me to be raised by taxes, presented and Carthy calling attention of the City read. Council to his lettier which was Councilman Moffatt moved that presented and read at the Council the Certificate of Fire Pension Levy meeting of April 2, 1945 making be referred to the Council for con - twenty -seven suggestions for fire sideration. Seconded by Council - prevention, at circuses, carnivals, man Thompson. Carried by the fol - rooming houses and similar places lowing vote: where large numbers of people yeas—Mayor Wharton, Council - congregate and stating that in view men Moffatt, Murphy, Thompson, of the Hotel Canfield fire he is re- Van Duelman. newing all suggestions made in his Nays—None. letter of April 2, 1945, presented and read. Mr. Peter H. McCarthy Certificate of Fire Retirement addressed the Council at some Levy determining the budget re - and tax levy for the en- length in support of his communi- Councilman Thompson quirements suing year for fire retirement pur- c a t i on. moved that the communication be poses showing proposed expendi- of $13,000.00, of referred the Council and Fire further consideration. tures in the amount which the amount of $13,000.00 is Chief forr by Councilman Van Duel- to be raised by taxes, presented Seconded man. Carried by the following vote: and read. Yeas—Mayor Wharton, Council- Councilman Murphy moved that of Fire Retirement men Moffatt, ,Murphy, Thompson, the Certificate Levy be referred to the Council for Van Duelman. consideration. Seconded by Council - Nays—None. man Thompson. Carried by the fol - Councilman Murphy moved that lowing vote: the verbal request for the con WhartCouncil- Yeas—Mayor Kane tion of a sanitary sewer in Kane Murphy, Thompson, Murphy, Street be referred to the Council to men Van Duelman. view the grounds. Seconded by Carried by the Nays—None. Councilman Moffatt. Police Pension following vote: Yeas—Mayor Wharton, Council- Certificate of Levy determining and fixing the and tax levy men Moffatt, Murphy, Thompson, budget requirements for the ensuing year for police pen- Van Duelman. sion purposes showing Proposed ex - Nays—None. Certificate of Park Tax Levy de- penditur•es in the amount Of 18,950.00, of which the amount of $18,500.00 termining and fixing the budget re is to be raised by taxes, $esented quirements and tax levy for the en and read. suing year for park purposes show- presented Thompson moved ing proposed expenditures in the the Councilman ficatf police Pen - that the Chet r amount of $26,209.00, of which is to be raised sion Levy eferredto the Coun- amount of $22,509.00 by and read. rVan tDueln an.nCarrried taxes, presented Councilman Van Duelman moved Councilman the following vote: by that the Certificate of Park Tax Yeas— Mayor Wharton, Council - Levy be referred to the Council for 218 Special Session, July 15th, 1946 men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Certificate of Police Retirement Levy determining and fixing the budget requirements and tax levy for the ensuing year for police re- tirement purposes showing pro- posed expenditures in the amount of $9,000.00, of which the amount of $9,000.00 is to be raised by taxes, presented and read. Councilman Van Duelman moved that the Certificate of Police Retire- ment Ilevy be referred to the Coun- cil for consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Communication of County Audi- tor=''.iykin advising that the Board of Supervisors have accepted an of- fer of $150.00 on Lots 47 and 48 of Finley, Waples and Burton's Addi- tion made by C. N. Klein, presented and read. Councilman Van Duelman moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men, Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an of- fer of $150.00 on Lots 22, 23, 24 and 25 of Mineral Lot 39 made by Mar- garet Steichen, presented and read. Councilman Murphy moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Interstate Power Company. Dubuque, Iowa, July 9, 1946. To: The Mayor and City Council of the City of Dubuque, Dubuque County, Iowa. Attention: Mr. J. J. Shea, City Clerk. Interstate Power Company, a Delaware corporation, by its Presi- dent, hereby accepts the Electric Franchise for a twenty -five-year period, granted by the City Council of the City of Dubuque, County of Dubuque, State of Iowa, approved on the 3rd day of June, 1946, by Ordinance No. 15-46 and approved by the electors of the City of Du- buque, at the election held on July 8, 1946. Interstate Power Company By B. F. Pickard President Attest: Oscar Solberg Secretary (Seal) Dated this 9th day of July, 1946. Councilman Van Duelman moved that the communication be received and made a matter of record. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Interstate Power Company Dubuque, Iowa, July 9, 1946 To: The Mayor and City Council of the City of Dubuque, Dubuque County, Iowa. Attention: Mr. J. J. Shea, City Clerk. Interstate Power Company, a Delaware corporation, by its Presi- dent, hereby accepts the Bus Fran- chise for a ten-year period, granted by the City Council of the City of Dubuque, County of Dubuque, State of Iowa, approved on the 3rd day of June, 1946, by Ordinance No. 16-46 and approved by the electors of the City of Dubuque at the elect- ion lection held on July 8, 1946. Interstate Power Company By B. F. Pickard President Attest: Oscar Solberg Secretary. (Seal) Dated this 9th day of July, 1946. Councilman :Moffatt moved that the Communication be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Mc Vaugh- Haynes Company, by Edwin Me- Special Session, Jule 15th, 1946 219 Vaugh, submitting letter with re- spect to the application of Daniel Smothers for the Position of Super- intendent of Maintenance for the Dubuque Municipal Airport, pre- sented and read. Councilman Mur- phy moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—Nona. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, Communication of Edward J. Kelly, Executive Secretary of In- ternational Association of Chiefs of Police, extending invitation to Pol- ice Chief Strub to attend the An- nual Conference to be held In Mexico City from September 23rd to 27th, inclusive, presented and read. Councilman Van Duelman moved that Chief of Police Strub be au - Communication of The Dubuque thorized to attend the conference, & Wisconsin Bridge Co., by L. H. the expenses to be paid by the City Brede, President, advising Council of Dubuque. Seconded by Council - of the proposed re-routing of U. S. man Murphy. Carried by the fol - Highways Nos. 61 and 151 via of lowing vote: East Dubuque and the new Julien Yeas—Mayor Wharton,Thompson, Dubuque Bridge and stating that men Moffatt, Murphy, the stockholders of this company Van Duelman. wish CO protest vigorously against Nays—None. the diverting of this highway traffic away from their bridge and the retail interests of the City and asking the City Council to use all of their authority and influence for the continuance of the estab- lished route through the City to Wisconsin, presented and read. Councilman Van Duelman moved that the City Clerk be directed to forward copies of the communicat- ion to the Iowa State Highway Commission, the Chamber of COm- merce, t h e Retail Merchants Bureau, the Trades and Labor Con- gress and the Dubuque Automobile Club for their consideration. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of H. B. McCar- ten calling attention of the City Council to the deplorable condition i of Robinson Street from t where the concrete paving ends t sity where it intersects withrthis Avenue and requesting that street be put in usable condition, presented and read. moved that Councilman Murphy the communication be referred to the Council to view the gr Resolution No. 105-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit 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 M. Kane, 1205 Cleveland Avenue. Be It Further Resolvedthat the bond filed with the application approved. Passed, adopted andapproved this 15th6. ALBERTJWJulHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J J. city Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Council' Wharton, CounCouncn, men Moffatt, Murphy, Van Duelman. Nays—None. 220 Special Session, July 15th, 1946 Resolution No. 106.46 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that it is deemed advisable to sell Lot 1 of 1 of 1 of Lot 2 of part of Out Lot 736 to Thomas J. Mulgrew for the sum of Six Thousand and No -100 ($6,000.00) Dollars and to execute a quit claim deed of said premises to said grantee and de- liver the same to him upon the payment of said purchase price. Be It Further Resolved that the Mayor and Clerk of said City of Dubuque, be, and they are hereby authorized to execute said deed on behalf of the City of Dubuque and to affix thereto the official seal of said city. Passed, adopted and approved this 16th day of July, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W, W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, Approved 6 Adopted dl 1946. l Councilmen: K." `.: Attest: ...� City Clerk Special Session, July 222nd, 1946 221 the bid price, this being the lowest City Council ouncil and best bid received. Respectfully submitted A. A. RHOMBERG (Official) City Manager Special Session, July 22nd, 1946. Council met at 7:30 P.M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consid- ering the bids submitted for the paving of Euclid and Harlan Streets and acting on any other business as may properly come before a regu- lar meeting of the City Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the paving of Harlan Street from the present pavement in Wind- sor Avenue to approximately the east property line of Sheridan Street north, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Nays—None. July 22, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were re- ceived until 10:00 a.m. July 22, 1946 for the paving of Harlan Street from the present pavement in Wind- sor Avenue to the east property line of Sheridan Street to the north. Two bids were received as follows: Saul Brothers, Dubuque, Iowa, amount $4,857.88. Thos. Flynn Coal Co., Dubuque, Iowa, amount, $4,581.50. I recommend that, when waivers and agreements to pay the assessed costs can be obtained from the prop erty owners, the contract be award ed to the Thos. Flynn Coal Co. a (AWARDING CONTRACT) Resolution No. 107-46 Whereas, proposals have been submitted by contractors for the paving of Harlan Street from the present pravement in Windsor Av- enue to approximately the east property line of Sheridan Street north pursuant to Resolution No. 87-46 and Thos. Flynn Coal Com- pany contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Thos. Flynn Coal Company and the Mana- ger be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 22nd 1946. Councilman Murphy moved that the resolution be approved and placed on file for public inspection. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Poof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the paving of Euclid Street from the present pavement in Windsor r Avenue to approximately twenty- 222 Special Session, July 22nd, 1946 two feet west of the east property line of Sheridan Street, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. July 22, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your in- structions sealed bids were received until 10:00 a.m. July 22, 1946 for the paving of Euclid Street from the present pavement in Windsor Avenue to approximately twenty- two feet west of the east property line of Sheridan Street. Two bids were received as follows: Saul Brothers, Dubuque, Iowa, amount $5,057.40. Thos. Flynn Coal Co., Dubuque, Iowa, amount $4,770.00 1 recommend that, when waivers and agreements to pay the as- sessed costs can be obtained from the property owners, the contract be awarded to the Thos. Flynn Coal Co. at the bid price, this being the lowest and best bid received. Respectfully submitted, A. A. RHOMBERG City Manager Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (AWARDING CONTRACT) Resolution No. 108-46 provided for in the plans and speci- fications; now, therefore, Be It Resolved by the City Coun. cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Thos. Flynn Coal Company and the Mana- ger be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 22nd 1946. Councilman Thompson moved that the resolution be approved and placed on file for public in- spection. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Whereas, proposals have been submitted by contractors for the paving of Euclid Street from the present pavement in Windsor Av- enue to approximately twenty-two feet west of the east property line of Sheridan Street pursuant to Resolution No. 89-46 and Thos. Flynn Coal Company contractor, has submitted the lowest bid for the furnishing of all labor and ma- terials and performing the work as Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mr. A. Neowoehner addressed the Council asking that the Zoning Re- quirements on housing be lifted in order that Mr. Brady and family be allowed to occupy a temporary apartment at the Wolf Berk garage located in the 1400 block on Locust Street. Mr. A. Neuwoehner was ad- vised to submit an application di- rect to the Planning and Zoning Commission for their consideration. Messrs T. J. Mulgrew II and Ir- vin W. Donner addressed the Coun- cil stating that they were G. I. Air Pilots and asking that their request be placed on record as being de- sirous to operate the new Airport, with concession privileges, when same is ready for operation and re- questing that in the meantime that they be allowed to operate at the present Airport in conjunction with the present operator. Special Session, July 22nd, 1946 223 Councilman Murphy moved that the verbal request of T. J. Mulgrew and Irvin W. Donner be referred to the Council for consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. budget estimate in the amount of $28,139.00 for the year 1947-1948, presented and read. Councilman Thompson moved that the communication and budget estimate be referred to the Coun- cil for consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt Murphy Thompson IOWA STATE HIGHWAY `, COMMISSION Ames, Iowa, July 19, 1946 Mr. J. J. Shea, City Clerk Dubuque, Iowa, s Dear Mr. Shea: Receipt is ac- a knowledged of youp letter of July 17th with which you forwarded to t us as directed by your City Council on July 15th, a copy of a communi- cation dated July 11, 1946 by the t Dubuque and Wisconsin Bridge Company objecting to changing the routing of U S Road Number 61 and 151 so as to cross the Mississippi River on the Julien Dubuque bridge. I will call this matter to the at- tention of the State Highway Com- mission at its next meeting. Yours very truly, F. R. WHITE, Chief Engineer Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Certificate of the Playground and Recreation Commission certifying the budget requirements and tax levy for playground and swimming pool purposes in the amount of $23,832.00 of which amount the sum of $18,007.00 is to be raised by taxa- tion, presented and read. Councilman Van Duelman moved that the Certificate of the Play- ground and Swimming Pool Tax Levy be referred to the Council for consideration. Seconded by Councilman Thompson. Carried by the following vote: Council- Yeas—Mayor Wharton, hompson, Council- men Moffatt, Murphy, Van Duelman. Nays—None. Communication of the Board of Dock Commissioners submitting an Duelman Nays—None. Communication of J. A. Kerper ubmitting a copy of resolution dopted by the Retail Merchants Bureau endorsing the recommends - ion of the Mayor's Parking Com- mittee in which they urge the City Council to carry out the Cmnmit- ees recommendations asking that a tax levy of one-half mill be pro- vided in the budget for the ensuing fiscal year for the purpose of es- tablishing an d maintaining off- street parking lots, presented and read. Councilman Moffatt moved that the communication and resolution be referred to the Council for con- sideration. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution of the Planning and Zoning Commission requesting the City Council to appropri- ate the sum of $5,000.00 to enable the City Planning and Zon- ing Commission to secure the ser- vices of a trained City Planner and Traffic Expert who shall undertake studies as promptly as possible to alleviate the housing and traffic conditions, presented and read. Councilman Murphy moved that the resolution be referred to the Council for consideration. Second- ed by Councilman Thompson. Car. ried by the following vote: Yeas—Mayor Wharton,Thompson, Council- men Moffatt, Murphy Van Duelman. Nays—None. Councilman Murphy moved that the Council recess to consider the budget requests ground and submitted the PlayRecreation Commission, the Board of Dock 224 Special Session, July. 22nd, 1946 Commissioners, the Retail Mer- chants Bureau for Mayor's Park- ing Committee and the Planning and Zoning Commission. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Council recessed at 8:25 p.m. and reconvened at 8:35 p.m. Petition of the Baxter Mfg. Com- pany requesting consent to remove and replace their present loading dock on the Jackson Street side of their factory building, presented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, Petition of Willis J. Becker et al resident property owners in the area from West 16th and Catherine Streets to 633 West 16th Street re- questing permission to connect with the sanitary sewer, presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 97-46 RESOLUTION AND APPLICA- TION FOR APPROVAL TO LEVY AN EMERGENCY TAX Whereas, The revenue in certain funds of the municipality set out in the within application is inade- quate to meet the actual and neces- sary expenses which must be paid from said funds and any extraordin- ary or unforseen expense which may arise during the ensuing fis- cal year; and Whereas, The inadequacy of the revenue referred to is deemed to constitute an emergency which re- quires the levy of an emergency tax; therefore Be It resolved, by the City Coun- cil of the City of Dubuque, Dubuque County, .Iowa, that the State Comp- troller be and is hereby petitioned for approval to levy an emergency tax for the year 1946, in the sum of twenty-four thousand ($24,000), (not exceeding one mill) . said tax to be used as set out below. The Consolidated Fund is to be benefited by the transfer of $24,- 000.00 from the Emergency Fund. This is necessary because of the greatly increased costs of salaries, wages and supplies already in ef- fect which may further be increas- ed by any extraordinary or unfor- seen circumstances which may arise during the year 1947-1948. (Presiding officer) Albert Wharton Mayor (Secretarial officer) J. J. Shea City Clerk The foregoing resolution was adopted at a Regular Council meet- ing held on the 1st day of July A.D. 1946. The vote thereon was -as follows: Yeas: Mayor Wharton, Council- men Frank Van Duelman, F. W. Thompson, Geo. R. Murphy, W. W. Moffatt. Nays—None APPROVAL The above application and reso- lution having been filed with the State Comptroller, approval to levy the emergency tax in a sum not ex- ceeding the amount authorized by law is hereby granted this 18 day of July, 1946. Approval subject to no objections at budget hearing. C. FRED PORTER, State Comptroller Councilman Murphy moved that the approval of C. Fred Porter, State Comptroller of Resolution No. 97-46, a resolution and application for approval to levy an emergency tax in the sum of $24,000.00, be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of the official publication of Electric Franchise Special Ordinance, Ordinance No. 15-46, presented and read. Councilman Van Duelman moved that the proof of publication be re- Special Session, July- 222nd, 1946 225 and filed. Seconded by Comm -req acre the Company to place its con- ceived Moffatt. Carried by the fol- doctors underground and to awork cilman nate the districts in wnwwork h such lowing vote: shall be performed, and also to order Yeas—Mayor Wharton, Council. the retnoval or relocation of poles, Thompson, wires and other appurtenances erect - men Moffatt, Murphy, d by the Company, whenever, In the Van Duelman. udgment of the City Council, such action is necessary to the public in- Nays—None, .erest, and the Company shall forth - ELECTRIC FRANCHISE with comply with any and all instrue- ions and directives in such matters SPECIAL ORDINANCE A Its own expense. ORDINANCE NO. 15-46 Construction and maintenance of An ordinance granting to the Inter- he transmission and distribution sys- state Power Company, a Delaware em shall be in accordance with the Corporation, its successors, and as- din he Pub - pecincontained ontain"Safety titled Rules the sign the s, the right to erect., md,tntain, io Installation of Electric IJtiliz and operate Its existing electric Equipment" prepared by the United and dins generating, transmission, then ticfacilities and additions States Bureau of Standards. In force at the time of construction, and un- eto, o, therin, under, over, along, der the supervision and subject to across, and upon the streets, lanes, he restrictions and control of the sidewalks, alleys, bridges avenue, , parks, highways, and other public City Council. places in the City of Dubuque and SECTION III. subsequent additions thereto, for In the maintenance ana operation of the purpose of producing and dis- tributing electricity for sale to said is electric transmission and distribu- ,ion system in the streets, alleys, and city and the inhabitants thereof, for )ther public places and In the course light, heat, power, and other pur- tf any new construction or additions ll of regulatingventy-five poses25) the same; o its roceedfsotlases, the to causeCthe in pleast poany years, anderiod repealing all existing franchise ordi- able Inconvenience to the general nances heretofore granted to Inter- iublic: any opening, or obstruction in places, state Power Company or Its prede- affecting the production and the streets or other public made by the Company in the course cessors distribution of electricity In the City of Dubuque and requiring the of its operations, shall be guarded and protected at all times by the place- surender ofby iasignsghts ether ment. of d abounds te riofswhich edurr Grantee or Its therein; for the submission of boardings,,the Ing periods of dusk and darkness and providing said Ordinance to vote of the le- shall be clearly designated by red gal voters of said City for approval. warning lights. Whenever the shall tak Be It ordained by the City Coun- ny pavement, side- disturb any cil of the City of Dubuque: lip or walk, or other Improvement of any SECTION I. in consideration of the faithful per- street, avenue, alley, or other public lace, the same shall be replaced and ormance and observance of the con- reservations hereinafter he surface restored in as good con- before entry within forty- Iltfons and pectfied, the right is hereby granted dation as Pight hours after completion of the o the Interstate Power Company, a Company's work. Upon the failure of Corporation organized under the laws the Company to make such restora- begin of the State of Delaware, its success- hereinafter referred tion within such time, or to such time, ors and assigns, to as the Comonny, the right to erect, such restoration within If the restoration cannot be made nalntaln, and operate its existing transmission, and within such time, or upon the Com- than 24 hours in )Iectric generating, distribution facilities and additions navy's delay of more the continuation of a restoration be - thereto, in, under, over, along, lanes, avenues, pun, the City may serve upon the of the City's Intent and upon the streets, sidewalks, alleys, bridges, parks, Company notice to cause the restoration to bemade ithin highways, and other public places in and unless the Company after receipt of p1 the City of Duhuque and subsequent twenty-four hours begins or resumes the H additions therete purpose of distributing electricity such notice restoration, the City may cause the restoration to be made, Includ- producing and for sale to said City and the inhabi- proper Ing the removal of excess dirt, and he Paid by tants thereof, for light, heat, power, the expense of same shall demand by the and other purposes in accordance the State of Iowa th-e Company upon with the laws of and the ordinances and regulations City. shall at all times The Company and all rules and any 0� of the City of Dubuque, for a period of twenty-five (25) Years following comply with regulations which the City has made to the public ulfillment of Section XIV hereof. The Company's transmission and or may make applying generally With reference to the re- distribution system poles, wires, and appurtenances shall be located, erect- moval or replacement of pavements and to excavations In streets and inconsistent ed, and maintained so as to not en- the lives of other Public places, not their use for the purposes con - danger or interfere with persons or to interfere with any im- with templated in this ordinance. provements the City may deem proper hinder or SECTION IV. of the rights grant - to make, or to unncessarily obstruct the free use of the streets, in consideration ed in Section I hereof, the Company to extend Its alleys, bridges, or other public prop- agrees and binds itself 'serve erty. The City Council, under reasonable The to any cants for electric service whosnd e dwell reserves the right to 226 Special Session, July 22nd, 1946 Ing or places of business locate within the City of Dubuque, shal have been wired for electricity an who In good faith have entered into or signified their willingness to enter nto a contract for such service, pro sided; the Company shall not be re luired to extend Its distribution lines, ;xclusive of service drop, in excess o me hundred and fifty (150) feet fo -ach customer served, except as fol- lows: In the event that an extension of Ine in excess of one hundred and fifty (150) feet for each customer to be served therefrom is required, the Company shall not be required to ex- pend for such extension a sum great- er than three (3) times the total of the estimated annual revenue to be derived from the customer or cus- tomers to be served by said line, and the customer or customers to ae served shall be required to pay In ad- dition to the regularly prescribed rates for electricity, a monthly serv- ice charge to cover the cost of addi- tional fixed charges and maintenance, equal to their proportionate share of one per cent 0%) of the cost of the line extension In excess of one hun- dred and fifty (150) feet of length per customer served. Said service charge shall be paid for a period of sixty (60) months or until such time as the total length of line in feet divided by the number of customers served therefrom is one hun9red and fifty (150) feet or less whichever iy the lesser period of time. SECTION V. The electric service rendered ny he Company shall be subject at all Imes to regulations promulgated by he City Council. The Company shall have the right o prescribe reasonable service rules .nd regulations for the conduct of its business not inconsistent with the provisions of this Ordinance and a copy of such service rules and regula- tions shall be kept on file at all times With the City Clerk. SECTION Va The City has, by an Ordinance of even date herewith, granted by a franchise to the Company the right and permission to operate busses for public transportation (hereinafter called "Bus Franchise") upon and along the streets of the City of Du- buque for a period of ten years, and It Is further expressly understood and agreed that If the Electric Franchise hereby granted be lawfully forfeited by has the abs donedU the se the operationof Company sits electric distributing system, or other- wise, then and in such event the City may, at Its option, also forfeit the Bus Franchise by its declaration so to do. It is further agreed that the Company may, with the consent and approval of the City Council, sell and transfer Its Bus Franchise, and that any such sale or transfer will not franchise. constitute s will of either SECTION V!, The rates to be charged for elec- tricity sold to the City of Dubuque and to private consumers within the City of Dubuque shall be subject to the control and regulations of the City Council of the City, of Dubuque; provided that such rates shall be js, fair, reasonable and compensatouryt , and shall not be fixed until after rea- d I sonable notice has been given to the 1 Company of the Intention of the City d Council to fix same. Regulations of n rates shall be subject to any and all statutes relative thereto now or here- after enacted by competent authority. SECTION VI1. f For the purpose of keeping the r City Council informed as to the rea- sonableness of the rates In effect for he sale of electricity In the City of 3ubuque, the Company agrees that on -r before the thirty-first day of each May during the life of this Ordinance, t will file with the City Council, a tatement covering the results of its operations within the City of Du- iuque during the twelve month period ending with the thirty-first day of 3ecember preceding the month in which the report is rendered, showing .he amount of revenues received from .he sale of electricity, the expense .nd other charges incurred in render - ng such service, together with a tatement of the value of the property .nd plant account clearly setting out the additions and retirements made during the period covered by the re. Port, all In sufficient detail for rea- sonable examination and determina- tion of the adequacy or Inadequacy of the rates then in effect. In the event of any rate proceed- ngs, the Company shall afford the City Council or any person or persons employed by it, free access to its hooks and records necessary to estab- lish the adequacy or inadequacy of the rates then in effect or proposed. SECTION VIII. The distribution system of the Company now being operated or here- after installed shall not be abandoned either in whole or in part, without the written consent of the City Coun- cil. In the event of any failure on the part of the Company to render elec- tric service to the City of Dubuque and the inhabitants thereof as con- templated and provided for by this Ordinance, the City Council shall have the right, upon reasonable not - Ice to the Company, to declare this Ordinance and the rights and fran- chise granted thereunder forfeited, provided however, failure to operate by reason of causes beyond the rea- sonable control of the Company shall not be sufficient grounds to declare a forfeiture. SECTION IX. Should the City of Dubuque desire to acquire by purchase the generating plant and the transmission and dis- tribution system serving the City of Dubuque and the inhabitants thereof, It shall at the expiration of any five Year period from and after the first day of September, 1946, give the Com- pany ninety days notice In writing of Its intention, whereupon the Company and the City shall each name one rep- resentative and the two so named will choose a third party who shall be a competent appraisal engineer, who, With them, shall constitute a Board of proceed to s determine al which s the de act a value of the generating plant and transmis- sion and distribution system serving the City of Dubuque, taking into consideration all elements of value recognized by competent authority and law, but without including any value for the franchise herein grant- 1_ it. ` Special Session, -July 22nd, 1946 227 ed. Such value when determined shall be binding upon both parties subject only to the approval of any duly con- stituted regulatory body or commis- sion whose approval is required by law. Upon payment by the City of an amount equal to the agreed value of the generating plant and transmission ana and distribution system serving the a City of Dubuque, the Company, Its h successors and assigns, shall deliver and convey to the City free and clear a of all incumbrances all rights and t title in and to said property and all ti rights, privileges and franchises o granted herein to the Company shall 1, be terminated. SECTION X. r. The Company shall indemnify and g hold the City harmless at all times s during the term of this grant, from C and against all claims for injuryor d damages to persons or property, bothersonal, caused by the can- structio 1,real and perection, operation or main- tenance of any structure, equipment usednce or pursuantprt authoritcts y authorized dor this Ordinance. The Company, upon receipt of due notice in writing from the City, shall defend at its own expense, any ac- tion or proceeding against the City of Dubuque arising from the Com- pany's activities in the operation of its electric ent be rendered yag nstt the dCity Inany such action, the amount of such judg- ment and costs shall be conclusive against the Company in any action brought by the City against the Com- pany as to the liability and the smount of damages. SECTION X1. The Company shall grant to the City, free of expense, joint use of any and all poles owned or controlled by it for any proper municipal purpose acceptaole to the Company in so far as may be done without interfering the the free Company's own se n wires and n fix- tures, and the City shall hand the grantee harmless from any actions, causes of action or damage caused or accruing directly or indi- rectly by or through the placing of the City's wires or appurtenances upon the voles of the grantee. Prop- er regard shall be given to all exist- ing safety rules governing construc- tion and maintenance in effect at the time of construction. SECTION XII. Should any section, clause or pro- vision of this Ordinance be declared Invalid by a court of record same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so de- clared invalid. SECTION XIll. ratified This ordinance when duly r Du - by the electors of the City the In - Company. Iowa and accepted byshall be .erstaie Power Ctotpona both parties, nutually binding and it their successors and assigns, parties Is understood between the effect of hereto that upon the taking this Ordinance, all fralnchl�dforegtor and privileges all dis- the generation. transmission and by tetbtheuCity f Dubuque f to l anyelectric company, person, firm or corporation, and heretofore owned or held by said Interstate Power Company, or In which said Company has or had an interest, shall terminate as of the effective date of this Ordinance. SECTION XIV. This Ordinance shall take effect d be in force on and after its pass- e by the City Council, its approval an ratification by the legal voters of e City of Dubuque and the accept- nce of its terms by the Grantee or s assigns in writing and its publica- on in The Telegraph -Herald, the fficial newspaper of the City of Du- uque. The question whether this Ordl- ance shall be approved and the fore- oing franchise take effect shall be ubmitted to the legal voters of the ity of Dubuque to be voted on at a pedal election to he held on the 8th ay of July, 1946 At this election on this question he form of ballot shall be: Shall the following Yes public measure be adopted? No 'Shall the Interstate. Power Com- pany, its successors and assigns, be granted the right to erect, ex- tend, maintain and operato its ex- isting electric generating, trans- mission and distribution facilities and additions thereto I under, over, along, n the streets, lanes, avenues. sidewalks, alleys, bridges, parks, highways, and City of Dubuquel�andl aces in e subsequent additions thereto, for the purpose of produc- ing and distributing electricity for sale for light, heat, power, and other purposes, to the said City and the inhabitants thereof for a perprovided and uponth f n(terms (25) years as pand Ordi- nance conditions adopted byrt� the, he City Council on the 3rd day of June, 1946, a copy of which CityteCouncilnupon Passed byy 24th, 1946. first' reading May Passed by City Council upon final eading .lune 3rd. 1941; ALBERT WHARTONMayor. FRANK.W. THOMPSON.I,MAN, �GEW OwR. MOFFATT. Councilmen. Attest: I. J sHEA City Clerk (Seal of the City of Duhu(tue) 1•,.1h'.ished offietally in The Tele- grdI.h-Herald newspaper this 18th day of July. 1946, J. J. SHEA, 7-18 ]t City Clerk. Proof of publication, certified to 1)y the publishers, r the official Spec - publication of Bus Franchise Spec ial Ordinance, Ordinance No. 16 46, presented and read. Couroof Thompsonby moved of publication received an 1 filed . the Plo'be that the Councilman Moffat . Carried by the following vote: 228 Special Session, July 22nd, 1946 Yeas --Mayor Wharton, Council- men harto ,Council- men Moffatt, Murphy, Van Duelman. Nays—None. BUS FRANCHISE SPECIAL ORDINANCE ORDINANCE NO. 16-46 An Ordinance granting to the Ir- terstate Power Company, a Dele- ware Corporation, its successors and assigns, the right and permis- sion to operate busses for public transportation upon and along the streets of the City ofDubuque, Iowa, and regulating the operation of such busses while upon or along the said streets for a period of ten (10) years; repealing all exist- ing franchise ordinances heretofore granted to Interstate Power Com- pany or its predecessors affecting the operation of a street railway or bus system and requiring the sur- render of all rights thereto by the Grantee or its assigns, therein: and providing for the submission of said Ordinance to vote of the legal voters of said City for approval. Be it ordained by the City Coun- cil of the City of Dubuque: SECTION 1. In consideration of the faithful performance and observance of the conditions and reservations herein- after specified, the right is hereby granted to the Interstate Power Com- pany, a corporation organized under the laws of the State of Delaware, Its successors and assigns, hereinafter referred to as the Company, the right and permission to operate busses for public transportation as a common carrier upon and along the streets of the City of Dubuque in accordance with the laws of the State of Iowa and the ordinances and regulations of the City of Dubuque, for a period of ten (10) years following fulfillment of Section XIII. hereof. SECTION 11. The Company, its successors and assigns, is hereby granted the right to enter into, upon and along the streets of the City of Dubuque for the purpose of operating Its busses to provide local transportation for the residents of said City and other per- sons. It shall establish such routes Including stopping points and operate its busses with sufficient headway and at such hours of the day as the City Council may determine to be rea- sonably necessary to adequately serve the needs of the traveling public and In accordance with the restrictions and conditions herein stated. SECTION III Equipment to be used for said transportation system shall be of modern design and constructed suit- ably for the safety, convenience and comfort of thr passengers; it shall be kept reasonably clean, adequately lighted and heated and shall bear destination signs, illuminated in peri- ods of darkness and shall be provided with all safety appliances as may be required by the laws of the State of Iowa or the ordinances of the City of Dubuque. SECTION IV. Busses shall not be operated at a greater rate of speed than is con- sistent with the safety of the public; due regard is to be given to the density of traffic upon the streets. All busses shall come to a full stop before crossing railroad tracks and shall not proceed further until it has been ascertained that no locomotive, car or train is approaching the cross- ing. Unless otherwise determined by the City Council in the interest of safety and convenience of the public, all busses, when loading or discharging passengers, shall draw up to the curb and stop at the near side of the street intersection to spaces set apart for that purpose. In all Instances, operation of buss- es shall conform with the traffic laws of the State of Iowa and the ordi- nances of the City of Dubuque now in effect or hereinafter enacted. SECTION V. The rate of fare to be charged passengers for riding upon the busses operated by the Company shall be subject to the control and regulations of the City Council of the City of Dubuque; provided that such fares shall be just, fair, reasonable and compensatory, and shall not be fixed until after reasonable notice has been given to the Company of the intention of the City Council to do so, and further provided that the rate of fare for children twelve years of age and younger shall be one-half of that charged adults, and children in arms shall be carried free of charge. From the first day of September to the thirtieth day of June in each year, Saturdays, Sundays and holi- days excepted (such period constitut- ing the school term) school children eighteen years of age and younger shall be entitled to ride upon non- transferable half fare tokens, the same to be used only in going to and from public or parochial schools dur- Ing the hours of 7:45 A. M. to 4:15 P. M. These tokens shall be sold under the following regulations sub- ject to reasonable modifications by the Company as circumstances de- mand. (a) The Company shall have for sale at its main office such tokens in blocks of forty, and shall sell the same upon presentation of a certifi- cate from the school authority. (b) Any abuse of the privilege granted hereunder will result in the forfeiture thereof, and extensive abuse will result in the forfeiture of this special privilege. Regulation of fares shall at all times be subject to any and all statutes relative thereto now or hereafter en- acted by competent authority. SECTION Va The City has, by an Ordinance of even date herewith, granted a fran- chise to the Company to erect, main- tain and operate its existing electric distributing system in the City of Dubuque (hereinafter called "Elec- tric Franchise") and it is hereby ex- pressly agreed that if the franchise hereby granted shall be lawfully de- clared forfeited by the City because the Company has abandoned the oper- ation of the 'Bus Franchise," then, and in that event, the City may, at is option, declare the forfeiture of the Electric Franchise by giving the Company ten days notice of such for- feiture in writing, and at the end of said ten day period the Electric Fran- chise will stand forfeited and be of no further force or effect. It is Special Session, July. 22nd, 1946 221 further agreed that the Company, with the consent and approval of the City Council may sell and trans- fer its Bus Franchise, and that any such sale or tranfer shall not con- stitute a forfeiture of either franchise. It is further understood that at the expiration of the Bus Franchise of even date herewith, that this Sec- tion No. Va of this franchise shall no longer be of any force or effect, and rnt which time this Section shall be- come inoperative. SECTION Vl. For the purpose of keeping the City Council informed as to the reason- ableness of the rate of fare In effect, the Company agrees that on or before the thirty-first day of each May dur- ing the life of this Ordinance, it will file with the City Council a state- ment covering the results of its oper- ations during the twelve-month period ending with the thirty-first day of December preceding the month in which the report is rendered showing the amount of revenue received from bus operations, the expense and other charges incurred in rendering such service, together with a statement of "he value of the property and plant account clearly setting out the value of the additions and retirements made during the period covered by the re- purt, all In sufficient detail Por rea- sonable examination and determina- tion of the adequacy or inadequacy of the rate of fare then in effect. in the event of any rate proceed- ings, the Company shall afford the pity Council or any person or persons employed by it, free access to Its jocks and records necessary to estab- Ish the adequacy or inadequacy of .he rate of fare then in effect or proposed. SECTION VII. The Company shall transport free of charge on its busses as ordinary passengers all policemen regularly employed by the City of Dubuque and wearing the insignia of their office as well as firemen when in full uniform, while occupied in the performance of their official duty. SECTION VIII. The public transportation system of the Company authorized herein shall not be abandoned either in whole or In part, without the written consent of the City Council. In the event of any failure on the part of the Company to render trans- portation theCity of service h Dubuque ascontemplated and provided for by this Ordinance, the City Council shall have the right, upon thirty days notice to the Com- ty, declare this ca herightsand franchise granted thereunder forfeited, provided, how- ever, failure to operate by reason of causes beyond the reasonable control of the Company shall not be sufficient grounds to declare a forfeiture. SECTION IX. Should the City of Dubuque at an time during the life of this Ordinance desire to acquire by purchase th public transportation system off Du Company serving the City buque, it shall, on September first o any year, give the Company ninety days notice in writing of its inten tion, whereupon the Company and th' City shall each name one represents ttve and the two so named will choose a third party who shall be a com- petent appraisal engineer, who with them shall constitute a Board of Ap- praisal which shall Immediately pro- ceed to determine the actual value of the public transportation system of the Company serving the City of Du- buque, taking Into consideration all elements of value recognized by com- petent authority and law, but with- out Including any value for the fran- chise herein granted. Such value when determined shall be binding upon both parties subject only to the approval of any duly constituted reg- ulatory body or commission whose approval is required by law. Upon payment by the City of an amount equal to the agreed value of the transportation system, the Com- pany, its successors and assigns, shall deliver and convey to the City free and clear of all Incumbrances, all rights, and title in and to said prop- erty and all rights, privileges and franchises granted herein to the Com- pany shall be terminated. SECTION X. The Company shall indemnify and hold the City harmless at all times during the term of this grant, from and against all claims for injury or damage to persons or property, both real and personal, caused by the op- eration or maintenance of any struc- ture or equipment authorized or used pursuant to authority of this Ordi- nance. The Company, upon receipt of due notice In writing from the City shall defend at its own expense, any action or proceeding against the City of Dubuque arising from the Com- pany's activities in the operation of its public transportation system. Should a judgment be rendered against the City in any such action, the amount of such judgment and costs shall be conclusive against the Company in any action brought by the City against the Company as to the liability and the amount of dam- ages. SECTION X1. Should any section, clause or pro- Aslon of this Ordinance be declared nvalid by a court of record, same shall not affect the validity of the Ordinance as a whole or any part .hereof, other than the part so de- clared Invalid. SECTION XIi This Ordinance when duly ratified by the electors of the City of Du- buque, Iowa and accepted by the In- terstate Power Company, shall be mutually binding upon both parties, heir successors and assigns, and it is understood between the parties hereto Ordinance all all upontaking franchises. rights, and privileges granted heretofore to the interstate ts prede essorsfor the oper Coleration n of puany or b- ic transportation system of any de - effective datetion lloftethisnate as of Ordinance. the y SECTION XIII. This Ordinance shall take effect e and be In force on and after its pass- e age by the City Council, its approval and ratification by the legal voters f of the City of Dubuque and the ac- ceptance of its terms by the Grantee kits ation sIngThenTelegraph-Herald writing and sD the e official newspaper of the City of Du- buque. 230 Special Session, July 22nd, 1946 The qu appro eaeta d the foregoing s ordinance shall be aPP franchise take effect shall be sub- mitted Dubuque to belvoted ronfatha spe- cial election to 134be held on the 8th day of July, At this election on this question the form of ballot shall be: Yes Shall the following public measure be adopted? No "Shall the Interstate Power Com- pany, Its successors and assigns, be granted the right and permis- sion to operate busses for public transportation as a common car- rier upon and along the streets of the City of Dubuque In accordance with the laws of the State of Iowa and the City of Dubuque for a period of ten (10) years as provided and upon the terms and conditions set forth in the Ordinance adopted by the City Council on the 3rd day of June, 1946, a copy of which is printed hereon." Passed by the City Council upon first reading May 24th, 1946. Passed by the City Council upon final reading June 3rd, 1946. ALBERT WHARTON. Mayor. FRANK VAN DUELMAN. F. W. THOMPSON. GEO. R. MURPHY. W. W. MOFFATT. Councilmen. Attest: J. J. SHEA City Clerk (Seal of the City of Dubuque) i'uhlished officially in The Tele- graph -Herald newspaper this 18th day of Julv, 146. J. J. SHEA, I -1b -it. City Clerk. Ordinance No. 31-46 An Ordinance vacating the alley between Auburn and Atlantic Streets running northerly from Cus- ter Street to Loras Boulevard in the City of Dubuque, Iowa, said ordin- ance having been passed upon first reading on July 9th, 1946 and or- dered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, was presented for final adop- tion. Ordinance No. 31-46 An Ordinance vacating the alley between Auburn and Atlantic Streets running northerly from Custer Street -to Loras Boulevard in the City of Dubuque, Iowa. Whereas, a Petition has been filed requesting the vacation of the alley above described. And, Whereas, said Petition was duly submitted to the Planning & Zoning Commission for Investigat- ion, report and recommendation. (1) And Whereas, said Plan- ning & Zoning Commission filed its report recommending the granting of said Petition with the condition that the easements over and in said alley be re- tained. Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Sec. 1. That the alley lying be- tween Auburn and Atlantic Streets running northerly from Custer Street to Loras Boulevard be, and the same is hereby vacated and the public use thereof is hereby annulled. Sec. 2. That the adjacent own- ners thereof shall cause a plat of said vacated alley to be prepared wherein the parts of the alley going to the different adjoining owners shall be given a legal description, whereupon the City of Dubuque shall convey said alley to said re- spective adjoining owners by quit claim deeds, which deeds shall re- serve to the Interstate Power Co. and the North Western Bell Tele- phone Co. their pole line right-of- ways now in over and upon said alley, with the right to construct, reconstruct, and repair said lines, also to reserve to the City of Du- buque an easement for sanitary sewer now in over and upon said alley, with the right to construct, reconstruct, and repair said sewer, and the Mayor and Clerk of said City are hereby authorized and di- rected to execute said deeds on behalf of said City. Se'. That the Clerk be, and he is hereby directed to file a certi- fied copy of this Ordinance in the office of the Recorder of Dubuque County, Iowa. Sec. 4. That this Ordinance shall be in force and effect ten days from and after its final passage, adoption and approval by the City Council and publication as provided by law, and when the cost of pub- lishing the same has been paid by the Petitioners. Passed upon first reading this 9th day of July, 1946. Passed, adopted and approved upon final reading this 22nd day of July, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Special Session, July 22nd, 1946 231 Attest:' J. J. SHEA, City Clerk. Published officially in the Tele- graph -Herald newspaper this 25th day of July, 1946. J. J. SHEA, 7-25-1t City Clerk. Councilman Moffatt moved the the adoption of the ordinance. Second- si ed by Councilman Van Duelman. i Carried by the following vote: i Yeas—Mayor Wharton, Council- to men Moffatt, Murphy, Thompson, t Van Duelman. t Nays—None. o July 15, 1946 1 To the Honorable Mayor and p City Council, Dubuque, Iowa i Gentlemen: I herewith submit the i reports of the City Auditor, City Treasurer, City Waterworks, and City Health Department, also a list of claims and list of payrolls for which warrants were drawn during the month of June, 1946. Respectfully submitted, A. A. RHOMBERG City Manager Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. July 22, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing: EXCAVATION Sumner S. Sollitt and Company, Standard Accident Ins. Co., Chicago, Illinois. Linehan and Molo 135 West 5th Street Bond No. 28214-12-583-38 U. S. Fidelity and Guaranty Co. Respectfully submitted, A. A. Rhomberg, City Manager Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman ol- Van Duelman. Carried by lowing vote: Yeas—Mayor Wharton, hompson Council- men Moffatt, Murphy, Van Duelman. Nays—None. July 22, 1946 ro the Honorable Mayor and ,",ity Council, Dubuque, Iowa Gentlemen: With reference to at- ,hed petition of Joseph R. Wild ferred to the Dubuque Planning A Zoning Commission by your morable body of June 3rd, 1946, Planning and Zoning Commis - on respectfully recommends grant - ng of that part of the petition ask - ng for vacation of the alley lying the rear of his property. Due o the topography of the land in his area, an alley could be provided my with great difficulty, so this and is of little value for such pur- ose. That part of the petition ask - ng the purchase of certain lots s outside the province of the Plan- ning and Zoning Commission hence no recommendation is offered. Respectfully submitted, Dubuque Planning and Zoning Commission By Richard V. McKay Secretary Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. July 22, 1946 Mr. J. J. Shea, City Clerk Dubuque, Iowa Dear Sir: We are enclosing pre- liminary plat of Dunleith Subdivi- sion, sion, and ask you to kindly present same for further consideration to City Council at its next meeting. Yours truly Dubuque Planning and Zoning Commission By Richard V. McKay Secretary Councilman Van Duelman moved that the communication of the Plan- ning and Zoning Commission to- gether with the plat of Dunleith Subdivision be referred to the Coun- cil to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, hompson, Council - me. Moffatt, Murphy, Van Duelman. Nays—None. 232 Special Session, July 22nd, 1946 (AWARDING CONTRACT) Resolution No. 104-46 Whereas, proposals have been submitted by contractors for the clearing, grubbing and grading of Avalon, Broadlawn, Morningvi.ew, Chaney, Ogilby, Mullin, Valleyview and Hillcrest Roads pursuant to Resolution No. 85-46 and Sumner S. Sollitt and Company of Chicago, Illinois contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Sum- ner S. Sollitt and Company of Chi- cago, Illinois and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 15th 1946, Passed and adopted this 22nd day of July, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, . GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 109-46 Whereas, The Council of the City of Dubuque has duly considered and caused to be prepared the budget estimate of expenditures for the fiscal year beginning April 1, 1947 and ending March 31, 1948, as a basis for the tax levy for the year 1946, the same to be collected the year 1947, and said budget having been duly approved by it: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that said budget estimate be and the same is hereby ordered filed in the of- fice of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 5th day of August, 1946 at 7:30 o'clock p.m., in the Council Chamber in the City Hall, Be It Further Resolved, That said Clerk be and he is hereby directed to cause said budget estimate of expenditures and proposed tax levy to be published in the official news- paper of the City of Dubuque and an official notice to be given of the time and place, when and where said budget estimate will be con- sidered by said Council for final adoption, at which time and place taxpayers will be heard for and against said estimate, said publi- cation to be not less than ten (10) days before said date of hearing. Be It Further Resolved, That in lieu of all the separate annual levies for the General Fund, the Grading Fund, the Improvement Fund, the Sewer Fund, the Electric Light or Power Fund, the Snow Re- moval Fund, the Garbage Disposal Fund, the City Bridge Fund, and the Main Sewer Fund, there shall be levied one (1) tax which shall be designated as the "Consolidated Fund." Passed, adopted and approved this 22nd day of July, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, 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 Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Special Session, July 22ud,l946 233 BUDGET ESTIMATE AND RECORD OF FILING City Estimate NOTICE—The City council of Dubuque of Dubuque County, Iowa, will meet August 5th, 1946, at 7:30 P. M., at the City Hall, Dubuque. Taxpayers will be heard for or against the following estimate of ex- penditures for the year beginning April 1, 1947. A detailed statement of receipts and disbursements, both past and anticipated will be available 0 the hearing J. J. SHEA, 7-24-1t. City Clerk - 0 Garbage 0 Idated 485.021 527,23.5 548,128 65,000 113,985 369,143 ...... 126,643 133013 156,706 12 000 650 144,056 Fire Maintenance Street Con- 110,000 66,000 44 000 66 Land) 24.318 26,209 3,000 700 22,509 Playground and Swim Pool 26,215 26,495 23,832 2,000 3:825 18.007 Firemen's Retire- 13,001 Policemen' s 450 18,511 Policemen's 9,003 Road, (Agri 109 Estimated Taxes per $1.0 $35,741,396 Moneys and credits (194 Moneys and credits (1945) the City Cl 'k and will be publish - july 19, 1946 by law in order that To the Honorable Mayor and ed as .,I.i,-ed be made City Council, Dubuque, Iowa object!O�S thereto may final action is taken on this Gentlemen: In accordance with before the provisions of law, as City Mana- budget* Respectfully submitted, ger, I have prepared an annual bud- A. A. RHOMBERG get for the fiscal year beginning City Manager April 1, 1947 and ending March 31, Van Duelman moved 1948 based upon the estimated in- Councilman the communication Of City come and expenses of the various that Rhomberg be received and departments of the City of Dubuque, Manager a matter of record, Seconded These departmental estimates show made Murphy. Carried by the appropriations for each depart- Councilman by ollowing vote: the f ment for the preceding year (1946- Wharton, Council - 1947) and also the Increase or de- Yeas —Mayor Moffatt, Murphy, Thompson, creases for the ensuing year (1947- men Van Duelman. 1948). The budget has been filed with Nays—None. 234 Special Session, July 22nd, 1946 OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MANAGER OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1947-1946. Notice is hereby given that the City Manager of the City of Dubuque has prepared a budget on the basis of estimates of the expenses of the various departments of said City for the fiscal year beginning April 1, 1947 and ending March 31, 1948. Such departmental estimates show expenses of each department for the preceding year, and the purpose for which the consolidated tax levy, authorized by Section 6217 of the Code of Iowa 1939, as amended, is to be used, and in addition thereto, the purpose for which all other tax levies are to be used, Including the revenues from miscellaneous sources. The levy of a consolidated tax has heretofore been de- termined by said Council and Incorporated in a resolu- tion for such purpose. The budget will be considered for final adoption by the City Council at a special meet- ing to be held in the Council Chamber at the City Hall on the 5th day of August, 1946, at 7:30 o'clock P. M. Any Interested party objecting thereto or protesting to the same, or to any item thereof or any omission therefrom, shall present his objections to said Council on or before that date. This notice is given pursuant to the direction of the Code of Iowa. J. J. SHEA, 1-24-1T. City Clerk. ANALYSIS OF TAX LEVIES r'O BE MADE IN AUGUST 1946 FOR THE FISCAL YEAR 1947-48 ESTIMATED ASSESSED VALUATION—$36,013,979 SOURCES OF REVENUE FOR •1947-48 FISCAL OPERATION A.—From Taxes Levy in Fund Mills Tax Consolidated ......................................................10.250 $369,143 Fire Maintenance ......................................... 4.000 144,056 Fire Equipment ............................................ 0.375 13,505 Library................................................................. 1.152 41,488 Park.............................. ........................... 0.625 Playground and Swimming Pool ............. 0.500 22,509 18,007 Police Pension ................................................. 0.514 Fire Pension 18,511 ..................................................... 0.690 Police Retlrement........................................... 0.250 24,850 9,003 Fire Retirement .................................... 0.361 13,001 General Bonds ............................................. 1.730 Dock 62,304 ...... ...................... ......... 0.500 ........................... Airport 18,007 ............................................ 1.500 Parking Lot ......... . .... ....................................... 0.500 54.021 18,007 Emergency .................................... ... 0.666 23,985 Total --- .23.613 $850,397 Road Tax on Agricultural Lands (Consolidated Fund) ... .............................. ...... .................................. . 109 Library Tax on Agriculture Lands (Library Fund) ................... ................ ................................... 100 Total Estimated Receipts from Taxes ............$850,606 B.—From Miscellaneous Sources General Miscl. Excavation PermitsRevenues Police Court Returns .............. "' •"""""""' ..$ 50.00 Electrical Permits .... "" """"""' 15,000.00 Plumbing.......................... Permits1,800.00 .......................... "'................ Permits 1,700.00Building Franchise Tax .... 2,500.00 Scale Fees ....................... ... 600.00 .............................. State Highway Maintenance ......................... 350.00 Sale of Real Property ... """ """"' •""""'... 2,295.00 Dieting Prisoners 1,000.00 Health Dept. Receipts .................................................... 250.00 Ambulance Fees 500.00 DOg Licenses ............. 3,000.00 ................................ Business Licenses 500.00 Miscellaneous Rentals """"'.................. 4,000.00 Cigarette Permits .... .... """" """"""""""""""" 900.00 Beer Permits ........_........................................... 20,000.00 ........... Miscellaneous Sales "' """""""""' • 30,000.00 Milk Inspection Fees ... .......... "•"••""""" ""'... 70b.00 Street Dept. Receipts....................I.............................. 3,500.00 Bicycle Registration ................................................ 7b0.00 ........................................ .... ....... 600.00 Total --- ........... $90.000.00 Special Session, July 22nd, 1946 235 AIRPORT FUND Estimated Unencumbered Balance April 1, 1947 $60,000.00 Airport Returns ................................................... 2,000.00 Total .............................................................................. $62,000.00 CONSOLIDATED FUND Estimated Unencumbered Balance April 1, 1947 $65,000.00 FIRE MAINTENANCE FUND Outside Fire Protection .............................................$ 650.00 Estimated Unencumbered Balance April 1, 1947 12,000.00 Total.....................................................................$12, 650.00 FIRE EQUIPMENT FUND Estimated Unencumbered Balance April 1, 1947 $60,000.00 LIBRARY FUND Book Rentals and Fines ...........................................$2,000.00 PARKING LOT FUND Estimated Revenue .......... ........................................$2,000.00 PARK FUND Estimated Unencumbered Balace April 1, 1947 $3,000.00 Concessions........ ......................................................... 300.00 Miscellaneous Collections ........................................... 400.00 Total................................. _.... ....... .... ..... .... ,.......... . $3,700.00 PLAYGROUNDS AND SWIMMING POOL Estimated Unencumbered Balance April 1, 1947 $2,000.00 Swimming Pool Receipts .............................................. 3,500.00 SkatingReceipts............................................................ 250.00 Miscellaneous Receipts ................................................. 75.00 Total.... ................................................................. $5,825.00 POLICE PENSION FUND 1% Salary Deduction from Members .........................$450.00 FIRE PENSION FUND 660.00 1% Salary Deduction from Members ....................... $ DOCK FUND Estimate Unencumbered Balance April 1, 1947 $ 3,000.00 OilTerminal Lease ................................................. 1,800.00 Virginia -Carolina Lease ............................................... 2,100.00 WharfageFees................................................................ 2,000.00 Dock House Lease ....................................................... 1,232.00 Total.......... ........ ....................... ............... $10,132.00 DOCK BOND FUND $5,200.00 Balance April 1. 1947 .............................................. ....... ..... STREET CONSTRUCTION FUND ...... .......... Estimated Unencumbered Balance April 1,$ 66,000.00 1947........................................................................... Receipts from Gas Tax ........................................... 44,000.00 Total..........................................$110,000.00 Total Estimated Misc. Revenues and Un- encumbered Balances ......................................$ 429,607.00 Total Estimated Receipts from Taxes ...........$ 850,606.00 TOTAL EST WAATED TER CITY RE VENUES $1,280,213.00 (Seif Supporting) Estimated Unencumbered Balance April 1, $250,000.00 1947.................................................................... 17 9,165.00 Estimated Water Revenue ...................................... Total $429,165.00 ............................................................ ESTIMATED GRAND TOTAL CITY AND WATER WORKS DIVISIONREV-$1,709,378.00 ENUES..... "" .................. DETAILED DISTRIBUTION OF PROPOSED EXPENDITURES FOR FISCAL YEAR 1947-48 GROUP I—GENERAL Fu^INISTRATION (conso Item 101—City Council 1946-47 Proposed 1947-48 Appropriations Appropriations A _ $ 1,500.00 $ 1.500.00 A. Salaries .... ... 175.00 175. B Travel ........................... 25.00 ......_ .......,.... 25.00 S. Miscellaneous _ Total........." ' $ 1,700.00 $ 1,700.00 Item 102—City Manager's Office 6,393.00 •$ 6,393.00 A. Salary City Manager $ 2,697.00 2,697.00 A. Salary Secretary ..................... 1,914.00 1.914.0 A. Salary Stenographer ............ . 100.00 100.00 B. Travel "' ^" """""' 125.00 125.00 C. Office............. •••••• .* """ "" 15.00 15.00 D. Printing ........................................ 200.00 200.00 F. Maintenance 325.00 325.00 G. Material and Supplies ........ _. Total ..................................$ 11,769.00 $ 11,769.00 236 Special Session, July 22nd, 1946 Item 103-City Clerk's' Office A. Salary City Clerk ....................$ 3,289.00 $ 3,289.00 A. Salary Extra Help .................. 150.00 150.00 G. Material and Supplies ............ 75.00 75.00 Total .......................... ..................$ 3.514.00 $ 3.514.00 Item 104-City Auditor's Office A. Salary City Auditor ..............•$ 2,420.00 *$ 2,420.00 F. Maintenance ...• ......................... 50.00 50.00 G. Material and Supplies .............. 100.00 100.00 Total.............................................$ 2,570.00 $ 2,570.00 Item 105-City Treasurer's Office A. Salary City Treasurer ............ *$ 2,376.00 •$ 2,376.00 D. Printing and Advertising ...... 25.00 25.00 F. Maintenance................................ 25.00 25.00 G. Material and Supplies ...., ...... 150.00 150.00 I. Surety Bond .............................. 50.00 50.00 Total................................ ............$ 2.626.00 $ 2,626.00 (Note: 25% of salaries of City Manager. Auditor and Treasurer are paid by Water Dept.) Item 106-City Solicitor's Office A. Salary City Solicitor (Part Time)............................................$ 4,972.00 $ 4,972.00 B. Travel ........................................... 40.00 40.00 C. Office .................... .......I.......... ....... 40.00 40.00 G. Material and Supplies .............. 85.00 85.00 Total..................................................$ 5,137.00 $ 5,137.00 Item 108-City Assessor's Office A Salary City Assessor .............$ 1,716.00 $ 1,716.00 A. Salaries Deputies (3) ................ 2,772.00 2,772.00 G. Material and Supplies ............ 25.00 25.00 J. Board of Review ....................... 1,200.00 1,200.00 Total...............................................$ 5,713.00 $ 5,713.00 Item 109-Civil Engineer's Office A. Salary Engineer .......................$ 3,630.00 $ 3,630.00 A. Salary Assistant ....................... 2,772.00 2,772.00 A. Salaries Rodmen ...................... C. 3,960.00 3,960.00 Office .......................................... E. Equipment .................................... 100.00 200.00 100.00 200.00 F. Maintenance................................ G 500.00 500.00 Material and Supplies ............ Total 500.00 500.00 .............................................$ 11,662.00 $ 11,662.00 Iltem 113-City Elections A. Salaries Clerks, Etc . .............$ 500.00 $ 500.00 G. Material and Supplies .......... J. Rents 400.00 400.00 ............................................. 50.00 50.00 Totals........................................... $ 950.00 $ 950.00 Item 114-City Buildings A. Salaries Janitors .....................$ E. Equipment 2,800.00 $ 2,800.00 ................. P. Maintenance and Repairs 1,000.00 2,552.00 11000.00 2,552.00 G. Material and Supplies............1,300.00 H. Heat and Light 1,300.00 •�•• ���..•..........., 11800.00 1,800.00 Total ......................... ........$ Item 115-Police Court 9,452.00 $ 9.462.00 A. Salary Police Judge.. G. Material 1,947.00 $ 1.947.00 and Supplies ..... .....$ 15.00 35.00 Total.............. .......$ Item 116-Civil Service Commission 1,962.00 $ 1.962.00 G. Material and Supplies ..............$ J. Miscellaneous 100.00 $ 100.00 .............................. 100.00 100.00 Total .......................... .. $ SUBTOTALS GROUPI-GENERAL 200.00 $ 200.00 ADMINISTRATION .................. $ 57,255.00 $ 57,255.00 GROUP II-PROTECTION OF LIFE AND PROPERTY 1946-47 Proposed 1947-48 Item118-Police Department p(Consolidated ropriations p Fund) tions A. Salary Chief of Police ...........$ A. Salary Senior 3,544.00 $ 3,644.00 Captain ......... A. Salaries Captains (2)5,304.00 A. Salaries Desk Sergeants 2,877.00 2,877.00 5,304.00 (3).... A. Salaries Detectives (4) 7.848.00 7,848.00 ...... A Salaries Motorcyclists (2) 10,320.00 10,320.00 A. Salaries Patrolmen (atter 3 5,016.00 5,016.00 yrs.) (22) A. Salaries Patrolmen (before g 63,592.00 63,592.00 A. Salariess )Patrolmen (during 41696.00 4,598.00 first yr.) (1) ................. 2,079.00 2,079.00 Special Session, July 22nd, 1946 237 A. Salaries Matrons (2) .... ........ '4,158.00 4,158.00 A. Salaries Special Officers ;.::: , , 100.00 100.00 B. Travel ...... ...... . .... . ... 56.00 50.00 COffice .... ................ . . . .... ........ 275.0.0 275.00 D.Printing .... ....... .... .. .... . .... 150.00 150.00 E. Equipment ........... .... .... .... ... 2,000.00 2,000.00 F. Maintenance .................... 2,800.00 2,800.00 G. Material and Supplies ..... ....... 2,000.00 2,000.00 J-1. Feeding Prisoners ...................... 1,500.00 1,500.00 J-2. Miscellaneous (Injuries) 300.00 300.00 Total .......... ......... .................. ............ $108,509.00 $108,509.00 Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ....................$ 3,544.00 $ 3,544.00 A. Salaries Senior Captains (2) 5,598.00 5,598.00 A. Salaries Captains (5) .............. 13,260.00 13.260.00 A. Salaries Lieutenants (7) 17,556.00 17,556.00 A. Salaries Engineers (4) ............ 10,032.00 10,032.00 A. Salaries Firemen (after 3 yrs.) (30) .... ..... .............. 73,080.00 73.080.00 A. Salaries Firemen (during 3 yrs.) (7) ............................ 16,086.00 16,086.00 A. Salaries Firemen (during first yr.) (1) ... ...... ................. . 2,079.00 2,079.00 B. Travel .... ..... .... . .............. ... .... 50.00 50.00 C. Office .... ................................... ..... 650.00 650.00 D. Printing .......... ..... ... ................ 35.00 35.00 F -I. Maintenance ................................. 3,750.00 3,750.00 F-2. Repairs to Buildings .............. 3,000.00 3,000.00 G. Material and Supplies ........... 2,700.00 2.700.00 H. Heat and Light ........................ 3,000-00 3,000.00 I. Insurance ..... .......... ... .......... ....... 400.00 400.00 J-1 Miscellaneous (Injuries) ........ 900.00 900.00 J-2. Interest on Warrants ............. 60.00 60.00 J-3 Reserve for Emergency 371.00 926.00 Total ... ..... .... ...... . .. ........ ..... ..... j156,151.00 $156,706.00 (Fire Maintenance Tax -$144,056.00; Balance and Misc. Revenue $12,650-00) Item 1198 -Fire Equipment Fund E. Equipment .... ..... .... .... ...... .... $ 67,474.00 $ 73,505.00 (Fire Equipment Ta --c$13,505.00; Unencumbered Bal- ance -$60,000.00) Item 120 -Fire and Police Alarm (Consolidated Fund) A. Salary City Electrician .... ...... $ 2,442.00 $ 2,442.00 A. Salary Extra Help ... ...... ..... .. 100.00 100.00 C. Office .... . .... .... .... .. ... . .... ........ . 100.00 100.00 E Equipment . ... .... ........... .... ..... . 150.00 150.00 150.00 F. Maintenance ......... .. .... ..... .150.00 Material and Supplies 200.00 200.00 G. ............. H. Heat, Light and Power100.00 100.00 Total ... ..... ... ... .. ... ..... ........... .... i 3,242.00 $ 3,242.00 Item 121 -Building Commissioner's office (Consolidated Fund) A. Salary Building Commissioner$ 3,630.00 $ 3.630.00 C. Office ..... .. .. .... ... ..... .... .... 25.00 150.00 25.00 150.00 F. Maintenance ..... ..... ..... ..... ....... C Material and Supplies ... ..... ... 100.00 100.00 Total................ ...... ..... .......... ......... $ 3,905.00 $ 3,905.00 Item 122 -Plumbing inspector's office (Consolidated Fund) A. Salary Plumbing inspector -$ 2,880.00 $ 2,880.00 25.00 C Office ... . ..... .... .... ..... ... 25.00 15.00 15.00 D. Printing .. ....... ...................... G. Material and Supplies .... ...... .. 50.00 I50.00 50.00 180.00 J Plumbing Board .... .... .. 3,150.00 $ 3,150-00 Total ... ...... ......... . .. ..... ... Item 123 -Electrical inspector's office (Consolidated Fund) A. Salary Electrical Inspector $ 2,880-00 25.0 $ 2,890-00 25.00 C. Office ..... ....... •.... ..... •.. ...... ...... 15.00 15.00 D. Printing .... .......... . ... ..... . 175.00 175.00 F. Maintenance - ... - -* G. Material and Supplies ..... .... ... 100.00 100.00 ..$ 3,195.00 $ 3.195.00 Total- ..... ..... ...... ... .. . ............. Item 124 -Dog Pound (Consolidated Fund) 150�00 J. Enforcement Dog Ordinance $ 150.00 $ SUBTOTALS GROUP [1, PROTEC- TION OF LIFE AND $345,776.00 $352,362.00 PROPERTY ..................... 238 Special Session, July 22nd, 1946 GROUP III -HEALTH AND. SANITATION 1945-47 Proposed 1947-48 Appropriations Appropriations Item 125 -Health Department (Consolidated Fund) A. Salary Director (Part Time) $ 2,310.00 $ 2,310.00 A019.00 Salary Clerk and Registrar.... 1,860.00 1,860.00 A, A. Salary Restaurant Inspector 1,572.00 6,906.00 1,572.00 6,906.00 A. Salaries Nurses (3) ............... 1,320.00 1,320.00 A. Extra Help ................................... 60.00 50.00 S. Travel ........ ............................. ... 1b0.00 150.00 C. Office ......................................... D. Printing ....................................... 50.00 50.00 E Equipment ................................ 50.00 600.00 50.00 600.00 F. Maintenance ................................ G. Material and Supplies ............ 300.00 300.00 J-1. Laboratory Expense ................ 400.00 400.00 Total ........................................ $ 17,587.00 $ 17,587.00 Item 126 -Control of Contagious Diseases J. Control of Contagious Dis- eases .................................$ 1,200.00 $ 1,200.00 Item 127 -Sewer Maintenance A. Wages ........ .................... $ 14,400.00 $ 14,400.00 E. Equipment ................................... 700.00 1,200.00 700.00. 1,200.00 F Maintenance ............................ G. Material an Supplies ................ 600.00 600.00 H. Power for Sewer Pumps ........ 800.00 11500.00 Total ...........................................$ 17,700.00 $ 18,400.00 Item 128 -Garbage Disposal J. Contract for Garbage Collec- tion and Dispoal .......... $ 16,800.00 $ 18,000.00 Item 129 -Milk Inspection A. Salary Milk Inspector ............$ 2,772.00 $ 2,772.00 A. Salary Assistant ........................ 2,400.00 2,400.00 E. Equipment ................................ 160.00 160.00 G. Material and Supplies ........... 100.00 100.00 Total .................................................$ 5,432.00 $ 5,432.00 SUBTOTALS GROUP III - HEALTH AND SANITATION $ 58,719.00 $ 60,619.00 GROUP IV -HIGHWAYS AND STREEI%3 1946-47 Proposed 1947-48 Appropriations Appropriations Item 131 -Highways Administration (Consolidated Fund) A. Salary Timekeeper ....................$ 2,880.00 $ 2,880.00 A. Maintenance .........................1..100.00 100.00 G. Material and Supplies ............ 150.00 150.00 Total ...................................................$ 3,130.00 $ 3.130.00 Item 132 -Street Repairing and Grading (Consolidated Fund) A. Wages Laborers .......................$ 26,000.00 $ 26,000.00 E. Equipment .................................. 6,000.00 6,000.00 F. Maintenance ................................ 5,000.00 5,000.00 G. Material and Supplies ............10,000.00 10,000.00 J. Grading ............................................ 10,000.00 10,000.00 Total ...............................................$ 57,000.00 $ 57,000.00 Item 135 -Street Construction Fund J. Street Construction ........ ....$ 66,000.00 $110,000.00 Item 133 -City Garage (Consolidated Fund) A. Salaries Mechanics .............. $ 9,750.00 $ 9,750.00 C. Office ......................................... 75.00 75.00 E. Equipment ............................... 500.00 500.00 F. Maintencance ............................... 400.00 400.00 G. Material and Supplies ............ 325.00 325.00 H. Heat, Light and Power 2,000.00 2.000.00 I. Insurance ........... ...... ............ 50.00 50.00 Total .........................................$ 13,100.00 $ 13,100.00 Item 134 -Ash and Can Collections (Consolidated Fund) A. Wages Drivers and Laborers $ 14,000.00 $ 14,000.00 F. Maintenance ............................. 1,400.00 1,400.00 G. Material and Supplies ......... 500.00 500.00 Total ...............................................$ 15,900.00 . $ 15,900.00 Item 138 -Street and Traffic Signal Lighting (Conaoli- idated Fund) H. Street Lighting and Traffic Signals ..... ....................... $ 40,500.00 $ 40.500.00 Item 140 -Street Cleaning (Consolidated Fund) A. Wages Drivers and Laborers $ 13,750.00 $ 13,750.00 E. Equipment ................................. 500.00 500.00 F. Maintenance ............................. 3,600.00 3,500.00 G. Material and Supplies ........... 800.00 800.00 Total ................... .............$ 18,550.00 $ 18,550.00 Special Session, July 22nd, 1946 239 Item 141 -Snow Removal (Consolidated Fund) A. Labor ........................................$ 6,000.00 $ 6,000.00 E. Equipment ................................... 800.00 800.00 F. Maintenance ............................... 1,600:.00 1,600.00 G. Material and Supplies ............. 550.00 550.00 Total .......... .... ..... ........ ...... .......... $ 8,950.00 $ 8,950.00 SUBTOTALS GROUP IV -HIGH- WAYS AND STREETS $223,130.00 $267,130.00 GROUP V -LIBRARY 1946-47 Proposed 1947-48 Appropriations Appropriations Item 143A -Library Fund and Misc. Library Revenue A. Salary Librarian .....................$ 3,000.00 $ 3,000.00 A. Salary Reference Librarian.... 2,340.00 2,340.00 A. Salary Cataloguer ................... 2,142.00 2,142.00 A. Salary Juvenile Librarian 2,010,00 2,010.00 A. Salary Circulation Head (part time) .................................. 1,137.00 1,137.00 A. Salary School Librarian ........ 1,866.00 1,866.00 A. Salary Asst, of Circulation Head ............................... 1,866.00 1,865.00 A. Salaries General Assistants (3) ... ....................... .......... 4,860.00 4,860.00 A. Salary Caretaker ...................... 2,130.00 2,130.00 A. Salary Extra Help .................. 3,649.00 3,649.00 B Travel Expense ....................... 100.00 100.00 C. Office Expense ............. .............. 150.00 150.0 D. Printing .... ...... ...... ..- .... ......... 50.00 50.00 E. Books and Periodicals ............ 6,780.00 6,780.00 F. Binding ....................................... 1,900.00 1,900.00 F-1, Building Repairs ........................ 5,000.00 5,000.00 G. Material and Supplies .......... 1,700.00 1,700.00 H. Heat, Light and Water .......... 2,500.00 2,500.00 I. Insurance ...........,,. .................... 408.00 408.00 Total ................................................$ 43,588.00 $ 43,588.00 TLibrary r;Library eruax 0ultural Land ($ 00.00! Misc.Rene-$2,0000) GROUP VI -PARK FUND 1946-47 Proposed 1947-48 Appropriations Appropriations Item 144A -Park Administration80.00 $ 2,838.00 A. Salary Superintendent .•..• ••.•• L 6 $ 50.00 60.00 B. Travel ............................................ C Office 100.00 100.00 60.00 60.00 D. Printing and Advertising .... J. Miscellaneous 15.00 15.00 Total .............$ 2,805.00 $ 3,063.00 Item 144B -Park Areas, Buildings, Etc. A. Wages of Laborers .................$ 15,300.00 $ 16,300.00 C. Forestry .................................. 400.00 400.00 E. Equipment.......... .... .... ..... ...... 600.00 600.00 F. Maintenance 1,400.00 1,400.00 G. Material and Supplies 1,800.00 1,800.00 H. Heat, Light, Water and Tele- phone .... .... ........................ 1,800.00 1,800.00 1, Insurance... ........... J-1, Renovations and Replace- 100.000 100.00 ments............................. J-2. Interest, Reserves and As- 62.00 46.00 sessments ...................... Total..............$ 22,162.00 $ 23,146.00 ........................... . SUBTOTALS GROUP VI -PARK$ 24,967.00 $ 26,209.00 FUND...................... (Park Tax -$22,509; Misc. Park Revenues -$3,700) GROUP VII-PLAYGROUND FUNDAND SWIMMING 1946-47 Proposed 1947-48 Appropriations Appropriations Item 145A -Recreation Administration 2,640.00 $ 2,640.00 A. Salary Director ... 1,056.00 1,056.00 A. Salary Office Help •••• 50.00 50.00 B Travel .......................... •••• � ••• 120.00 120.00 C. office.. ......... .... ..... .... 360.00 360.00 F Maintenance of Car .•.• •••• 250.00 250.00 G. Material and Supplies ........... Tota] ........................................$ 4.476.00 $ 4,476.00 Item 145B -Outdoor Recreation A. Salaries Supervisors, Direc-$ 6 250.00 $ 3,550.00 tors, Etc. •'• 750.00 750.00 A. Wages of Laborers ............. •• 1100.00 750.00 E. Equipment ......, 700.00 500.00 F. Maintenance Special Session, July 22nd, 1946 240 G - Material and Supplies ... ........ 700.00 600.00 500.00 500.00 H. Light00 500. 250.00 I. Insurance * ...... ..... .... * - $ 10,600.00 $ 6,800.00 Tots. I.. . . ..... ...... . **,", - ­­ Item 145D -indoor Recreation $ 900L00 $ 9010-00 A. Wages . .... ... .... 25.00 25.06 C. Office 300.00 3. 00.00 E. Equipment .... .. . .... .... .... ..... - 500.00 500.00 F Maintenance .... ..... .... *,,*,* ....... ..... G. Material and Supplies ............. 400.00 400.00 400.00 400.00 H. Heat and Light ... ........ ......... . Total ...... ... . .... . .... ... ..... ... $ 2,525.00 $ 2,525.00 Item 145E -Swimming Pool 450.00 $ 450.00 A. Salary Superintendent ............$ A. Salaries Guards (4) ....... .......... 900.00 900.00 A. Salaries Attendants ................1. 1,300.00 450.00 1,300.00 450.00 F. Maintenance .... . .. .. ................ G. Material and Supplies .... ..... ... 350.00 350.00 H. Light and Power ..................... 300.00 259.00 300.00 281.00 I. Insurance ..... .... ............ . ........... . Total $ 4,009.0,0 $ 4,031.00 '------ .. and 6-a-reof Grounds Item 146 -Improvement F. Maintenance ........ .. .... . ......... .... $ 1,000.00 $ 1,000.00 Grounds 6,000.00 5,000.00 J. Improvement of Total .. ...... . ... . .. ............... $ 7,000.00 $ 6,000.00 SUBTOTALS GROUP VII -PLAY- GROUNDS AND SWIM- MING POOL ..... ..... ............ $ 28,610.00 $ 23,832.00 (Playgrounds and Swimming Pool Tax -$18,007.00; Swimming Pool Receipts -$3,500.00; Skating Receipts- eceipts$250.00; $250.00;Misc. Receipts -$75.00; Balance on Hand -$2,- 000.00) GROUP VIII -MISCELLANEOUS 1946-47 Proposed 1947-48 Appropriations Appropriations Item 147 -Planning and Zoning (Consolidated Fund) J. Miscellaneous .... ........... .. ... .. .... $ 25.00 $ 5,000.00 Item 148 E -Ambulance A. Salaries Drivers (2) ......... . ... $ 4,872.00 $ 4,872.00 F. Maintenance .................................. 280.00 280.00 G Material and Supplies ........... 350.00 350.00 I. Insurance ... .... ..... ............. ... .. .. 225.00 225.00 Total .. ..................................................... $ 5,727.00$ 5,727.00 Item 148C -Other Miscellaneous J-1. Iowa League of Municipali- ties ..... .... . ........................... $ 80.00 $ 80.00 J-2. Damages ........................................ 3,300.00 3,300.00 J-3 Printing Council Proceed - Ings .......... ........ ..... *­ I ......... 2,700.00 2,700.00 J-5. State Examiners ....................... 2,000.00 2,000.00 J-6. Repairs to Town Clock ............ 500.00 500.00 J-7. Misc. Unclassified ................... 3,100.00 3,100.00 . J-8. Workmen's Compensation In- surance ............ ................ . 1,500.00 2,500.00 J-9. Interest on Warrants .............. 125.00 125.00 13,305.00 Total ........... . .... ..... ...................$ $ 14,305.00 SUBTOTALS GROUP VIII -MIS- CELLANEOUS .................. . $ 19,057.00 $ 25,032.00 GROUP IX -MARKETS AND PUBLIC SCALES (Consolidated Fund) Item 152 -Market Master A. Salary Market Master ............$ 1,959.00 $ 1,959.00 F. Maintenance ............ ....... ............. 20.00 20.00 G. Material and Supplies ........... 65.00 66.00 J. Miscellaneous ......... .................. 20.00 20.00 Total .... ..... . .... ..... ..... ..................... $ 2,064.00 $ 2,064.00 SUBTOTALS GROUP IX -MAR- KET A N D PUBLIC SCALES .......... ..... .............. $ 2.064.00 $ 2,064.00 GROUP X -MUNICIPAL IMPROVEMENTS (Consolidated Fund) Item 160 -Post War Improvements J. Post War Projects ....................$ 62,000.00 $ 39,025.00 Item 161 -Bridge Construction J. Bridge and Viaduct Work $ 26,716.00 $ 53,726.00 Item 162 -Assessments and Sewers J-1. City's Share of Special As- sessments .... ........................ $ 6,000.00 $ 6,000.00 J-2. Main Sewers and Inlets ........ 20,284.00 25,000.00 Total .......... . ... ...... ....... .. .. . .......... $ 26,284.00 $ 31,000.00 SUBTOTALS GROUP X-MiiNICI- PAL IMPROVEMENTS $115,000.00 $123,751.00 Special Session, July 22nd, 1946 241 GROUP XI -PENSION FUNDS 1946-47 Proposed 1947-48 Item 154 -Police Pensions Appropriations Appropriations J-1. Police Pensions ..........................$ 16,641.00 $ 18,961.00 J-2. Police Retirement System .... 5,611.00 9,003.00 Total ................................................$ 22,252.00 $ 27,964.00 (Police Pension Tax -$18,511.00; Balance on Hand and Pay Deductions from Members -$450.00) ; (Police Re- tirement Tax -$9,003.00) Item 155 -Fire Pensions J-1. Fire Pensions ...........................$ 23,203.00 $ 25,500.00 J-2. Fire Retirement System 8,721.00 13,001.00 Total ...............................................$ 31,924.00 $ 38,501.00 (Fire Pension Tax -$24,850.00; Balance on Hand and Pay Deductions from Members -$650.00); (Fire Retirement Tax -$13,001.00) SUBTOTALS GROUP XI -PEN- SIONS ...................................$ 54,176.00 $ 66,465.00 GROUP XII -DEBT SERVICE Item 161J -1 -City Bonds and Interest A-1. Interest on Bonds ...................$ 8,008.00 $ 5,789.00 A-3. Sewer Bond Redemption 35,000.00 11,000.00 A-4. Improvement Bond Redemp- tion ........................................ 40,000.00 .................. A-5. Funding Bond Redemption .... 10,000.00 45,000.00 A-6. Reserve .................................... 6,357.00 515.00 Total ............................ ............. $ 98,365.00 $ 62,304.00 (General Bond Fund -$62,304.00) Item 161J -2 -Dock Bonds and Interest A-1. Interest on Dock Bonds ......$ 895.00 $ 200.00 A-2. Dock Bond Redemption ........ 27,000.00 5,000.00 A-3. Reserve .......................................... 984.00 .................. Total .................................................$ 28,879.00 $ 5,200.00 (Balance on Hand -$5,200.) Item 163J -2 -Airport Bonds and Interest A-1. Interest on Airport Bonds ....$ 705.00 $ 570.00 A-2. Airport Bond Redemption ... 18,000.00 19,000.00 Total ............................................... 18, 705.00 19,570-.010 (Airport Fund -$19,570.00) SUBTOTALS GROUP XII -DEBT SERVICE ..............................$145,949.00 $ 87,074.00 EMERGENCY AND RESERVE Reserve in General Misc. Revenues $ 111.00 $ 235.00 GROUP XIII -DOCKS 1946-47 Proposed 1947-48 Appropriations Appropriations Item 153A -Dock Operation A. Salary Engineer ......................$ 420.00 $ 420.00 B. Travel ......................................... 200.00 F. Maintenance ............................ 100.00 200.00 50.00 G. Material and Supplies ........... 75.00 50.00 I. Insurance ......... .......................... 900.00 700.00 J-1, Traffic Association Service.... 300.00 300.00 J-2. Improvements ............................. 1,000.00 400.00 J-3. Miscellaneous .............................. 700.00 400.00 Total ................................................$ 3,695.00 $ 2,520.00 Item 1538 -Dredge Operation A. Salary Engineer ................. $ 180.00 $ 180.00 A. Salaries Operators .................. 7,000.00 4,500.00 9,660.00 4,500.00 A. Wages Laborers ....................... F. Maintenance and Repairs ..... 2,000.00 1,500.00 G. Material and Supplies ............ 1,500.00 6,000.00 2,000.00 4,500.00 H. Electric Power ........................ 729.00 729.00 I. Marine Insurance .. • •••• •••• ••.• I. Workmen's Compensation In- 600.00 600.00 . surance ............................. J. Miscellaneous ........................... 324.00 250.00 Total ..........................................$ 21,833.00 $ 23,919.00 Item 153C -River Front Improvement 500.00 $ 500.00 A. Wages ........................................$ 500.00 500.00 E. Trucking ................................ 1,000.00 350.00 E. Equipment 200.00 100.00 E. Tools ....................... .................. G. Material and Supplies ............. 1,700.00 600.00 Total ............................ ....................$ 3,900.00 $ 1,700.00 SUBTOTALS GROUP XIII- $ 29,428.00 $ 28,139.00 DOCKS..................... Misc, Dock Revenues -$10,132.00) (Dock Tax -$18,007.00; k • ' wa& t 242 Special Session, July 22nd, 1946 GROUP XIV—AIRPORT Item 157—Airport Fund F. Maintenance ..........................$ 2,500.00 $ 2,500.00 I. Insurance .................................... 500.00 500.00 J Airport Development ................ 68,728.00 93,451.00 Total ................................................$ 61.,728.00 $ 96,451.00 (Airport Tax—$34,451.00; Airport Balance and Revenues —$62.000.00) GROUP XV—PARKING LOTS Item 170—Parking Lot Fund J. Parking Lots ..............................$.................. $ 20,007.00 (Parking Lot Tax—$18 007.00; Estimated Revenue— $2.000.00) GROUP XVI—WATER WORKS (Self. Supporting) 1946-47 Proposed 1947-48 Appropriations Appropriations Estimated Balance on Hand April 1, 1946 .........................$250,000.00 $250,000.00 Estimated Meter Sales ........................ 155,000.00 170,000.00 Estimated Flat Rate Sales ............. 250.00 750.00 Estimated Fire Protection Service 2,250.00 2,500.00 Estimated Non -Operation Service 2,500.00 2,500.00 Estimated Sales Tax Collections .... 3,200.00 3,415.00 V, Total ......... .................................$413,200.00 $429,165.00 DISBURSEMENTS Item 149A—Administration A.Salary Superintendent and ' Uashier .............................$ 4,400.00 $ 4,400.00 A. Salary Accountant ................... 2,886.00 2,886.00 A. Salary Stenographer and Clerk ............................... 2,292.00 2,292.00 A. Salary Clerk ................................ 1,854.00 1,854.00 A. Salary City Manager (25%).... 2,132.00 2,132.00 A. Salary City Auditor (25%) .. 808.00 808.00 A. Salary City Treasurer (25%) 792.00 792.00 B. Travel ........................................... 125.00 125.00 C. Office Expense and Postage.... 1,200.00 1,500.00 D. Printing and Advertising ..,,.. 400.00 400.00 E. Equipment .................................... 1,150.00 1,150.00 F. G. Maintenance ................................ 300.00 300.00 Material and Supplies .............. 800.00 500.00 I. J-1. Insurance ........................................ Post -War Projects .................. 75.00 245,000.00 75.00 J-2. J-3 Miscellaneous.......... ..... ..... ..., State Sales Tax . 340.00 340.00 •••. ••.•••............. 3,200.00 3,415.00 Total....................................................$267,754.00 $ 22,969.00 Item 1496—Water Operation A. A. Salary Field Engineer ............$ Salary Plant Chief Engineer 3,306.00 3,018.00 $ 3,306.00 3,018.00 A. A. Salaries Plant Engineers (6) Wages Extra Station Labor 15,480.00 3,000.00 15,480.00 3,000.00 A. Salary Tapper and Hydrant A. Man ................................... Salary Meter Service Man .. 2,580.00 2,292.00 2,580.00 2,292.00 A. A. Salary Meter Repair Man ... 2,652.00 2,662.00 A. Salary Meter Reader ............ . Salary Asst. Meter Repairer 2,292.00 2,364.00 2,292.00 2,364.00 A. A. Salary General Foreman .. 3,126.00 3,126.00 A. Salary Asst. Foreman .. Wages Laborers ... 2,436.00 2,436.00 E. F. •••• •••••.•••........ Equipment ............................. 11,280.00 10,000.00 11,280.00 10,000.00 G. Maintenance .............. Material ane Supplies .. 12,000.00 2,000.00 12,000.00 2,000.00 H• 1. Heat, Light and Water ... Insurance •••.. 25,000.00 35,000.00 J-1. J-2. ... Water Main Material ........... Other Betterments 10,000 00 500.00 25500.00 ,000.00 J-3. J-4. ................. Store Reserve .... •"' .... 11,295.00 3,000.00 258,045.00 3,000.00 Miscellaneous • ..... •........... 1,000.00 1,000.00 Total ................... .............................$129,621.00 $405,371.00 GRAND TOTAL WATER WORKS APPROPRIATIONS .....$397,375.00 $428,340.00 NON -APPROPRIATIONS RE- TRANSFER SERVE ..............................$ TO CITY INDEBTED- 825.00 $ 825.00 NESS .............................$ 15,000.00 .................. Total ..............•... ..............,,,,$413,200.00 $429,165.00 V, Special Session, July 22nd, 1946 RECAPITULATION OF TOTAL APPROPRIATIONS AND RESERVES (a) City Operation, Group I to IX, Inclusive .............$ 803,166.00 $ 858,091.00 (b) Municipal Improvements, Group X ...................... 115,000.00 123,751.00 (c) Reserve in Gen. Misc. Rev- enues .............................. 111.00 235.00 (d) Pensions, Group XI ............ 54,176.00 66,465.00 (e) Debt Service Group XII... 145,949.00 87,074.00 (f) Docks, Group XIII ............ 29,428.00 28,139.00 (g) Airport, Group XIV ............ 61,728.00 96,451.00 (h) Parking Lots—Group XV ....................... 20.007.00 (i) Water Works, Group XVI 397,375.00 428,340.00 (j) Water Works Reserve .... 825.00 825.00 Total ......................................$1,607,758.00 $1,709,378.00 Tax Revenues ................................$ 810,779.00 $ 850.606.00 Misc. Revenues and Estimated Balance 4/1/47 ........$ 383,779.00 $ 429,607.00 Water Works Revenue and Bal- ance on Hand 4/1/47 $ 413,200.00 $ 429,165.00 Total ..........................................$1,607,758.00 $1,709,378.00 Resolution No. 110-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Wonder Shows of America, Inc., East 4th Street Extension John Manders, 2541 Central Av- enue. Be It Further Resolved that the bonds filed wtih the applications be approved. Passed, adopted and approved this 22nd day of July, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-1Vlayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Wonder Shows of America, Inc., requesting a refund in the amount of $75.00 on their cigarette permit No. 218 as thea 243 have discontinued the sale of cig. arettes on July 20, 1946, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Wonder Shows of America, Inc., to cover the amount of refund granted on the unexpired portion of their cigarette permit No. 218. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. n Councilmen: Attest: ...... ;T. ?+;Jl..... City Clerk. Rc(Tular Session, August 5th, 1946 City Council (Official.) Regular Session, August 5th, 1946, Council met at 7:30 p.m. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Mayor Wharton 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. Proof of publication, certified to by the publishers, of notice of a public hearing upon the Budget esti- mate of Expenditures for the year beginning April 1, 1947, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communications of Peter M. Mc- Carthy stating that he is strongly opposed and objects to the appro- priating of any such sum as $5,000 for the hiring of the services of a City Planner and Traffic Expert and stating that he fully believes the said sum would be wasted and asks that the City Council reject and deny such request and receive and file the petition of the Plan- ning and Zoning Commission and also objecting to the allowance for the fire department, especially the salaries on the ground that they are too much for the service that we are getting out of the fire de- partment, presented and read. Mr. Peter H. McCarthy addressed the Council stating his objections, as outlined in his two communica- tions, to the proposed budget esti- mate. Mr. Peter H. McCarthy, by his own admission, stated that he was not a taxpayer in the City of Dubuque. No other written objec- tions were filed and no other ob- jectors were present in the Coun- cil Chamber at the time set for the hearing on the budget estimate. Councilman Thompson moved that the communications of Peter H. McCarthy be received and filed and lis objections to the proposed budget estimate be overruled. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. 246 Regular Session, August 5th, 1946 Resolution No. 111-46 Whereas, the Council of the City of Dubuque, caused to be prepared and published, as provided by law, the Budget Estimate of Expendi- tures for the fiscal year beginning April 1, 1947 and ending March 31, 1948 and the hearing upon said Budget Estimate was fixed for the 5th day of August, 1946 at 7:30 p.m. at the Council Chamber in the City Hall; and Whereas, This being the time and Place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for or against said Budget Esti- mate. It is Therefore Resolved by the City Council of the City of Du- buque, Iowa: That the Budget Estimate of Ex- penditures for the fiscal year begin- ning April 1, 1947 and ending March 31, 1948 heretofore prepared and published be and the same is here- by finally approved and adopted and the Mayor and Clerk are di- rected to certify the same to the County Auditor of Dubuque County, Iowa, together with the verified proof of publication and the notice ESTIMATE AND RECORD OF FILING BUDGET City Estimate Iowa, buque County, Iowa, will meet5the1946, at 7:30 Pf Mu at the City Hall, Dubuque. for or against the following estimate of ex- Taxpayers will be heard beginning April 1, 1947 A detailed statement of penditures for the year and disbursements, both past and anticipated Ji1J.bSHEAjlable at receipts the hearing. City Clerk 7-24-1t. 4 4 5 1 2 Expenditures for Year m y O a'Y w 1-3 o FUNDS p o ob CSs;+ F�� N� �t 0 �'"mG H M 4- M d d aE+ ow rP K r. p 06 C � Cd C General ...$ 295,380 $ 370,134 $ 309,977 .............. ............... ............... v Grading 30,718 10.000 1 , F Improvement Removal 43,962 91643 38,605 6,292 45,025 .............. ............... ............... 8,950 ......• .............. LL Snow CityBridge ..... ................ .................. 63,726 .. ............ . Sewer ............... m Main Sewer ... 19,470 14,338 17,053 14,910 25,000 .............. .............. 18,400 ............. ............... .............. ............... v Garbage Disposaj .. 35,221 33,852 36,550 ............... ............... ............... 0 Light ................ a 36,389 36,389 40,500 ............... ............... ............... c*Total Consol. 0 idated ...... 485,021 527,235 548,128 65,000 113,985 369,143 Water Works ..... 228,086 126,643 259,242 133,013 429,165 250,000 179,165 156,706 12,000 650 ............... 144,056 Fire Maintenance Fire Equipment.... 20,815 22,319 73,505 60,000 ............... 13,505 Street Con- struction ................... ............... 110,000 66,000 44,000 ............... Library .................. 36,392 38,602 43,488 ............... 2,000 41,488 Library, (Agri, Land) ...... 66 90 100 ............... ............... 100 Park ....................... 22,544 24.318 26,209 3,000 700 22,509 Playground and Swim Pool 26,215 26,495 23,832 2,000 3,825 18,007 Dock ................. 18,401 29,467 28,139 3,000 7,132 18,007 Dock Bonds ......... Firemen's Pension 41,403 24,281 29,111 21,410 5,200 5,200.............. 25,500 ............... 650 ............... 24,850 Firemen's Retire- ment ....... 11,537 985 13,001 .............. ............... 13,001 Policemen's Pension .. 13,008 14,198 18,961 .............. 450 18.511 Policemen's Retirement 7,868 947 9,003 ............ .............. 9,003 Emergency ............ 17,246 ................. 23.985 ............... ............... 23,985 General Bonds .... 110,456 106,583 62,304 ............... ............... 62,304 Airport ................. 13,775 19,540 116,021 60,000 2,000 54,021 Road, ( Agri Land) ...... 95 115 109 ............. ............... 109 Parking Lot ............................ ............... 20,007 ............... 2,000 18,007 Totals ..............$1,209,852 -- -- $1,253,670 -- --- --- $1,733,363 $526,200 $356,557 --- $850,606 Estimated Taxes per $1,000.00 of assessed value $23.613. Taxable valuation (1945).................................................................$35,741,396 Moneys and credits (1945) 5 mills ...........................................$ 9.682,239 Moneys and credits (1945)�%t7 1 mill ............................................... 891,677 Resolution No. 111-46 Whereas, the Council of the City of Dubuque, caused to be prepared and published, as provided by law, the Budget Estimate of Expendi- tures for the fiscal year beginning April 1, 1947 and ending March 31, 1948 and the hearing upon said Budget Estimate was fixed for the 5th day of August, 1946 at 7:30 p.m. at the Council Chamber in the City Hall; and Whereas, This being the time and Place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for or against said Budget Esti- mate. It is Therefore Resolved by the City Council of the City of Du- buque, Iowa: That the Budget Estimate of Ex- penditures for the fiscal year begin- ning April 1, 1947 and ending March 31, 1948 heretofore prepared and published be and the same is here- by finally approved and adopted and the Mayor and Clerk are di- rected to certify the same to the County Auditor of Dubuque County, Iowa, together with the verified proof of publication and the notice Regular Session, August 5th, 1940 247 of hearing upon said Budget Esti- mate. Be It Further Resolved, That the taxes required to be collected in the year 1947 be and the same are hereby levied in the various funds in the amounts shown in said Bud- get Estimate. Passed, adopted and approved this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 112-46 A resolution establishing the tax levies for the year 1946, the taxes to be collected in the year 1947 and used for municipal purposes of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that there be and there is hereby levied the taxes for municipal purposes for the ensuing year 1947 of the fol- lowing number of mills on the dol- lar of all taxable property within the corporate limits of said city. 10.250 mills for Consolidated Tax as provided for by Section 6217 of the Code of Iowa, 1939, as amended. 4.000 mills for Fire Maintenance Tax. 0.375 mills for Fire Equipment Tax. 1.152 mills for Library Tax. 0.625 mills for Park Tax. 0.500 mills for Playground and Swimming Pool Tax. 0.514 mills for Police Pension Tax. 0.690 mills for Fire Pension Tax. 0.250 mills for Police Retirement Tax. 0.361 mills for Fire Retirement Tax. 1.730 mills for General Bond Tax. 0.500 mills for Dock Fund Tax. 1.500 mills for Airport Tax. 0.500 mills for Parking Lot Tax. 0.666 mills for Emergency Tax. Be It Further Resolved that the 2.402 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes. Be It Further Resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce, as shown by the Bud- get Estimate of Expenditures, adopted by this Council on the 5th day of August, 1946, to the Auditor of Dubuque County on or before August 15th, 1946. Passed, adopted and approved this 5th day of August, 1946, ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the proposed An- nual Budget prepared by the City Manager of the City of Dubuque, Iowa, for the fiscal year 1947-1948, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for hearing on the Annual Budget pre- pared by the City Manager for the fiscal year 1947-1948. Councilman Thompson moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. 248Regular Session, August 5th, 1946 OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MANAGER OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1947-1948. Notice is hereby given that the City Manager of the City of Dubuque has prepared a budget on the basis of estimates of the expenses of the various departments of said City for the fiscal year beginning April 1, 1947 and ending March 31, 1943, Such departmental estimates show expenses of each department for the preceding ted tax year, authorized o bySec t on 6217 f the Codurpose for which the e sof dIowa 1939, as amended, is to be used, and in addition thereto, the purpose for which all other tax levies are to be used, including the revenues from miscellaneous sources. The levy of a consolidated tax has heretofore been de- termined by said Council and incorporated in a resolu- tion for such purpose. The budget will be considered for final adoption by the City Council at a special meet- ing to be held in the Council Chamber at the City Hall on the 5th day of August, 1946, at 7:30 o'clock P. M. Any interested party objecting thereto or protesting to the same, or to any item thereof or any omission therefrom, shall present his objections to said Council on or before that date. This notice is given pursuant to the direction of the Code of Iowa. J. J. SHEA, 1-24-1T. City Clerk. ANALYSIS OF TAX LEVIES rO BE MADE IN AUGUST 1946 FOR THE FISCAL YEAR 1947-48 ESTIMATED ASSESSED VALUATION—$36,013,979 SOURCES OF REVENUE FOR 1947-48 FISCAL OPERATION A.—From Taxes Levy in Fund Mills Tax Consolidated ......................................................10.250 $369,143 Fire Maintenance .......................................... 4.000 144,056 Fire Equipment ............................................. 0.375 13,505 Library.................................................................. 1.152 41,488 Park................................................................... 0.625 22,509 Playground and Swimming Pool .............. 0.500 18,007 Police Pension ................................................. 0.514 18,511 Fire Pension ..................................................... 0.690 24,850 Police Retirement ............................................ 0.250 9,003 Fire Retirement .............................................. 0.361 13,001 General Bonds .................................................. 1.730 62,304 Dock.................................................................. 0.500 18,007 Airport........................................................... 1.500 54,021 Parking Lot ..................................................... 0.500 18,007 Emergency...................................................... 0.666 23,985 Total...........................................................23.613 $850.397 Road Tax on Agricultural Lands (Consolidated Fund) ........................................................................... 109 Library Tax on Agriculture Lands (Library Fund).............................................................................. 100 Total Estimated Receipts from Taxes ............$850,606 B.—From Miscellaneous Sources General Miscl. Revenues Excavation Permits ............................................. ..$ 50.00 Police Court Returns ................................................. 15,000.00 Electrical Permits......................................................... 1,800.00 Plumbing Permits........................................................ 1.700.00 Building Permits............................................................ 2.500.00 Franchise Tax.................................................................. 600.00 Scale Fees ..................... ......................................... ......... 350.00 State Highway Maintenance .................................. 2,295.00 Sale of Real Property .• ............................................... 1,000.00 Dieting Prisoners............................................................ 250.00 Health Dept. Receipts .................................................. 500.00 Ambulance Fees.......................................................... 3,000.00 Dog Licenses ............................................................... 500.00 Business Licenses........................................................... 4.000.00 Miscellaneous Rentals .................................................... 900.00 Cigarette Permits....................................................... 20,000.00 Beer Permits ............................................................... 30,000.00 Miscellaneous Sales ..................................................... 705.00 Milk Inspection Fees ................................................... 3,500.00 Rcgular Session, August 3t1l, 1946 249 Street Dept. Receipts --—: ........ —.--750.00BicycleRegistration-----------_ owuo Total'....... ................................ ..... .......... .... _��000.00 AIRPORT FUND Estimated Unencumbered Balance April 1, 1947 $60,000.00 Airport 2,000.00 Total............................ ...... ........... .... .... ..... .... ........ pm.mm/w CONSOLIDATED puwo Estimated Unencumbered Balance April 1. 1947 $65,000.00 p/ns MmmrswAwCs rumo Outside Fire rrvumuo" .... ........... --_------$ 650.00 Estimated nuuovumuon,o Balance April/. 1947 12,000.00 Total................ .................. .................................. ..... $zx.ow.w r/ns sou/pMEmr ruwo Eaumuum on"uoomuo,ou axmuov April z. mw $oo.wo.o^ LIBRARY FUND ovvu ooutu/a and m"vo -----.----------. $x'000.00 pAnmma Lor ruwo Euuumteo uvveuoo -----------_.......... $2,000.00 PARK ruwo Estimated ouvumuvrex aulavo Anm/ 1. z�r $3.mmw Concessions — x^voo Miscellaneous Collections 400�oo rouu.... ........... ............. ................................... .......... w3,roo.o^ PLAYGROUNDS AND SWIMMING POOL Estimated Unencumbered Balance April 1, 1947 $2,000.00 Swimming Pool aammts ---'—___3,500.00 250.00 Total— .'............. —.............. ................................... u».825.«« pmuos PENSION umo z% Salary Deduction from Members .................... ..... *ao.00 pms psmumw pumo z% Salary oouovuv" from Mom»om ........ ..... ........ ms000 DOCK rumo Estimate Unencumbered Balance April 1, 1947 $ 3,000.00 Total..... —..... ...... ...................................................... mo.oxuv DOCK owo rumo ii�i1m,a­t­e'd Unencumbered Balance April 1, Total mz/omwoo Total Estimated Misc. Revenues and Un - Total Estimated Receipts from Taxes .... ...... $ 850,606.00 TOTAL ESTIMATED oIrr REVENUES *1.280.213.00 WATER WORKS DIVISION (Self Supporting) Estimated Unencumbered Balance ~°^^^ ^. 00 mm —. —.---------------------���'l��oo E"ti"m^"u Water oovoouo --_---_----,��� Total � — —$mv.mo.00 -- --ClTY�—��o WORKS DIVISION �—�v--' WATER��—'-------'-----m�.rov.x,uo" �� osrAu'so o/orn/ourmw or pnopouEo sxpsmo/runsu FOR FISCAL YEAR ,*n'^m anoup /—esmsnAL ^uM/w/arnxTmw (u""""xu"^*u p"^w /m,m 101—o/*, c""^"x m«v-w Proposed 1947-48 Appropriations »" z A. Salaries ----_--. .. ''—$ �00.00 $ ^'"="" B. --- 175.00 175.00 25.00 25.00 J. Miscellaneous----- ....... —___�--_ m z.ma^o $ 1.700.00 250 Regular Session, August 5th, 1946 Item 102 -City Manager's Office $ 6,393.00 "$ 6,393.00 City Manager .1.......... A. Salam .. 2,697.00 2,697.00 A. Salary Secretary ..................... 1,914.00 1,914.00 A. Salary Stenographer .............. 100.00 100.00 ..... B. Travel .................. 126.00 125.00 C. Office ...................................... 16.00 I6.00 D. Printing "" "".......................... ' 200.00 200.00 F. Maintenance .......... .................. G. Material and Supplies ........... 325.00 325.00 Total ..............................................$ 11,769.00 $ 11,769.00 Item 103 -City Clerk's Office $ 3,289.00 $ 3,289.00 A Salary City Clerk ............... . A. Salary Extra Help.... .... .......... 150.00 150.00 G. Material and Supplies ............ 75.00 75.00 Total .......................... ..................$ 3,514.00 $ 3,514.00 Item 104 -City Auditor's Office A. Salary City Auditor ..............*$ 2,420.00 •$ 2,420.00 F. Maintenance .............................. G. Material and Supplies ............ 50.00 100.00 50.00 100.00 Total ..............................................$ 2,570.00 $ 2,570.00 Item 105 -City Treasurer's Office A. Salary City Treasurer ............'$ 2,376.00 •$ 2,376.00 D. Printing and Advertising ...... 25.00 25.00 F. Maintenance ................................ 25.00 25.00 G. Material and Supplies .......... 150.00 150.00 I. Surety Bond ............................. 50.00 50.00 Total .............$ 2.626.00 $ 2,626.00 ................................ (Note: 25% of salaries of City Manager, Auditor and Treasurer are paid by Water Dept.) Item 106 -City Solicitor's Office A. Salary City Solicitor (Part Time) ...........................................$ 4,972.00 $ 4,972.00 B. Travel ............................................ 40.00 40.00 C. Office ............................................ 40.00 40.00 G. Material and Supplies ........ ..... 85.00 85.00 Total ...............................................$ 5,137.00 $ 5,137.00 Item 108 -City Assessor's Office A Salary City Assessor .............$ 1,716.00 $ 1,716.00 A. Salaries Deputies (3) ................ 2,772.00 2,772.00 G. Material and Supplies ............ 25.00 25.00 J. Board of Review ....................... 1,200.00 1,200.00 Total ...............................................$ 5,713.00 $ 5,713.00 Item 109 -Civil Engineer's Office A. Salary Engineer ..................... $ 3,630.00 $ 3,630.00 A. Salary Assistant ...................... 2,772.00 2,772.00 A. Salaries Rodmen ..................... 3,960.00 3,960.00 C. Office ......................................... 100.00 100.00 E. Equipment .................................... 200.00 200.00 F. Maintenance ... ........... ..... ......... 500.00 500.00 G Material and Supplies ......... 500.00 500.00 Total ..............................................$ 11,662.00 $ 11,662.00 Iltem 113 -City Elections A. Salaries Clerks, Etc . .............$ 500.00 $ 500.00 G. Material and Supplies .......... 400.00 400.00 J. Rents ............................................... 50.00 50.00 Totals ...................................................$ 950.00 $ 950.00 Item 114 -City Buildings A. Salaries Janitors .....................$ 2,800.00 $ 2,800.00 E. Equipment ................................... 1,000.00 1,000.00 F. Maintenance and Repairs ..... 2,552.00 2.552.00 G. Material and Supplies ........... 1,300.00 1,300.00 H. Heat and Light .... ................. 1.800.00 1,800.00 Total ........................... ....................$ 9,452.00 $ 9.452.00 Item 115 -Police Court A. Salary Police Judge ................$ 1,947.00 $ 1,947.00 G. Material and Supplies .......... 15.00 15.00 • Tota .................. ..................$ 1,962.00 $ 1.962.00 Item 116 -Civil Service Commission Q. Material and Supplies ............$ 100.00 $ 100.00 J. Miscellaneous ........................... 100.00 100.00 Total ............................................ $ 200.00 $ 200.00 SUBTOTALS GROUP I -GENERAL . ADMINISTRATION .....................$ 57,255.00 $ 57,255.00 Regular Session, august 5til, 1946 251 GROUP II -PROTECTION OF LIFE AND PROPERTY 1946-47 Proposed 1947-48 Appropriations Appropriations Item 118 -Police Department (Consolidated Fund) A. Salary Chief of Police ...........$ 3,544.00 $ 3,544.00 A. Salary Senior Captain .......,, 2,877.00 2,877.00 A. Salaries Captains (2) ........... 5,304.00 5,304.00 A. Salaries Desk Sergeants (3).... 7,848.00 7,848.00 A. Salaries Detectives (4) .......... 10,320.00 10,320.00 A Salaries Motorcyclists (2) 5,016.00 5,016.00 A. Salaries Patrolmen (after 3 yrs.) (22) ....................... 53,592.00 53,592.00 A. Salaries Patrolmen (before 3 yrs.) (2) ........................... 4,596.00 4,596.00 A. Salaries Patrolmen (during first yr.) (1) ............... 2,079.00 2,079.00 A. Salaries Matrons (2) ............. 4,158.00 4,155.00 A. Salaries Special Officers ........ 100.00 100.00 B. Travel ............... ..... ........... 50.00 50.00 C Office .... .... ........... ._ ... ........ 275.00 275.00 D. Printing .... ....... ..... .... _ .... 150.00 150.00 E. Equipment ........... ....... .... 2,000.00 2,000.00 F. Maintenance ...... ...... ..... _. 2,800.00 2,800.00 G. Material and Supplies ..... _ 2,000.00 2,000.00 J-1. Feeding Prisoners ..................... 1,500.00 1,500.00 J-2. Miscellaneous (Injuries) ........ 300.00 300.00 Total .......... ......... ................. .... ...... $103,509.00 $108,509.00 Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ..... _... ....$ 3,544.00 $ 3,544.00 A. Salaries Senior ^alrtains (') 5,598.00 5,59S.00 A. Salaries Captains (5) _...... _ 13,260.00 13,260.00 A. Salaries Lieutenants (7) ........ 17,556.00 17,556.00 A. Salaries Engineers (4) ..... 10,032.00 10,032.00 A. Salaries Firemen (after 3 yrs.) (30) ...................... 73,080.00 73,080.00 A. Salaries Firemen (during 3 yrs.) (7) ........................ 16,086.00 16,086.00 A Salaries Firemen (during first yr.) (1) ..................... 2,079.00 2,079.00 B. Travel ........................... .. .... 50.00 50.00 C. Office .... ...... .... ..... ................ ... 650.00 650.00 D. Printing .... .... ..... _.. ............... 35.00 35.00 F-1. Maintenance ................................. 3,750.00 3,750.00 F-2. Repairs to Buildings .............. 3,000.00 3,000.00 G. Material and Supplies .......... 2,700.00 2,700.00 H. Heat and Light.....I................ 3,000.00 3,000.00 I. Insurance ................................. 400.00 400.00 J-1 Miscellaneous (Injuries) ........ 900.00 900.00 J-2. Interest on Warrants ............. 60.00 60.00 J. 3 Reserve for Emergency ........ 371.00 926.00 Total ..................... ................$156,151.00 $156,706.00 (Fire Maintenance Tax -$144,056.00; Balance and Misc. Revenue $12,650.00) Item 1198 -Fire Equipment Fund E. Equipment .... .... ...... .... .... ...- $ 67,474.00 Unencumbered $ 73,505.00 Bal- ai- (Fire Equipment Tax -$13,505.00; ance-$60,000.00) anca-$60,000.00) Item 120 -Fire and Police Alarm (Consolidated Fund) A. Salary City Electrician ...........$ 2,442.00 $ 2,442.00 A. Salary Extra Help .................. 100.00 100.00 100.00 100.00 C. E Office .... ..... ..... ........ .I ... ...... ........ Equipment .............................. 160.00 150.00 F. Maintenance ........................ Supplies 150.00 200.00 150.00 200.00 G. H. Material and ............. Heat, Light and Power ......... 100.00 100.00 Total .................. .........................$ 3,242.00 $ 3,242.00 Item 121 -Building Commissioner's Office (Consolidated Fund) Salary Building Commissioner$ 3,630 000 $ 3.630.00 A. 25.00 COffice ...................... I ... ..... .... 150.00 150.00 F. _ Maintenance ............................ 100.00 100.00 C Material and Supplies .......... 3,905.00 $ 3,905.00 Item Total ..................$ ................ 122 -Plumbing Inspector's Office (Consolidated A. Fund) Salary Plumbing In •• $ 2'85.00 2 $ 2 8 80-00 25.00 C Office ................ ......................... 15.00 15.00 D. Printing .. ....... .................... 50.00 G. Material and Supplies50.00 180.00 180.00 J Plumbing Beard ........... ...... Total ... ...... ......... . .. ...... .... ............ $ 3,150.00 $ 3,150.00 Regular Session, August 501, 1946 252 Item 123 -Electrical Inspector's Office (Consolidated Fund) A. Salary Electrical inspector ....$ 2,880-00 $ 2,880.00 25.00 C. Office .......................................... 15.00 25.00 15.00 D. Printing ..................................... 175.00 F. Maintenance .. ••• . .................176.00 G Material and Supplies ............ 100.00 100.00 3,195.00 $ 3,195.00 ....... Total... ..... . . . . • •.• • ...................$ item 124-009 Pound (Consolidated Fund) J. Enforcement Dog Ordinance $ 150.00 $ 150.00 SUBTOTALS GROUP II, PROTEC- TION OF LIFE AND PROPERTY .............. $345,776.00 $352,362.00 AND SANITATION GROUP III -HEALTH 7 1946-47 ed Appropriations Appropriations Item 125 -Health Department (Consolidated Fund) A. Salary Director (Part Time) $ 2,310.00 $ 2,310.00 A. Salary Sanitary Inspector ... 2,019.00 2,019.00 A. Salary Clerk and Registrar.... 1,860.00 1,860.00 A. Salary Restaurant Inspector 1,572.00 1,572.00 A. Salaries Nurses (3) ............... 6,906.00 6,906.00 A. Extra Help .................................. 1,320.00 1,320.00 B. Travel ....... ........ ..... .......... ..... 50.00 50.00 C. Office ........................................ 150.00 150.00 D. Printing ........................................ 50.00 50.00 E. Equipment .................................. 50.00 50.00 F. Maintenance .................................. 600.00 600.00 G. Material and Supplies ............ 300.00 300.00 J-1, Laboratory Expense ................. 400.00 400.00 Total ............................................. $ 17,587.00 $ 17,587.00 Item 126 -Control of Contagious Diseases J. Control of Contagious Dis- eases .................................$ 1,200.00 $ 1,200.00 Item 127 -Sewer Maintenance A. Wages .......................................$ 14,400.00 $ 14,400.00 E. Equipment .................................... 700.00 700.00 F. Maintenance ............................... 1,200.00 1,200.00 G. Material an Supplies ................ 600.00 600.00 H. Power for Sewer Pumps ........ 800.00 11500.00 Total ..............................................$ 17,700.00 $ 18,400.00 Item 128 -Garbage Disposal J. Contract for Garbage Collec- tion and Dispoal .......... $ 16,800.00 $ 18,000.00 Item 129 -Milk Inspection A. Salary Milk Inspector ...........$ 2,772.00 $ 2,772.00 A. Salary Assistant ........................ 2,400.00 2,400.00 E. Equipment ............................... 160.00 160.00 G. Material and Supplies ........... 100.00 100.00 Total ..............................................$ 5,432.00 $ 5,432.00 SUBTOTALS GROUP III - HEALTH AND SANITATION $ 58,719.00 $ 60,619.00 GROUP IV -HIGHWAYS AND STREETS 1946-47 Proposed 1947-48 Appropriations Appropriations Item 131 -Highways Administration (Consolidated Fund) A. Salary Timekeeper ....................$ 2,880.00 $ 2,880.00 A. Maintenance ............................ 100.00 100.00 G. Material and Supplies ............ 150.00 150.00 Total ...................................................$ 3,130.00 $ 3,130.00 Item 132 -Street Repairing and Grading (Consolidated Fund) A. Wages Laborers ........................$ 26,000.00 $ 26,000.00 E. Equipment ......_ ......................... 6,000.00 6,000.00 F. Maintenance ................................ 5,000.00 5,000.00 G. Material and Supplies ............ 10,000.00 10,000.00 J. Grading ............................................ 10,000.00 10.000.00 Total .................................................$ 57,000.00 $ 57,000.00 Item 135 -Street Construction Fund J. Street Construction ............ ... $ 66,000.00 $110,000.00 Item 133 -City Garage (Consolidated Fund) A. Salaries Mechanics .................$ 9,750.00 $ 9,750.00 C. Office - ................................ 75.00 75.00 E. Equipment ................... ..... 500.00 500.00 F. Maintoncance................................ 400.00 400.00 G. Material and Supplies ............ 325.00 326.00 H. Heat. Light and Power ......... 2,000.00 2.000.00 I. Insurance ........... ......... _.............. 50.00 50.00 Total ...................................... .....$ 13,100.00 $ 13,100.00 Regular Session, Atigust nth,' iq.}G 253 Item 134 -Ash and Can Collections (Consolidated Fund) A. Wages Drivers and Laborers $ 14,000.00 $ 14,000.00 F. Maintenance .......... .............. 1,400.00 1,400.00 G. Material and Supplies ........ 500.00 500.00 Total ...............................................$ 15,900.00 $ 15,fuui.00 Item 138 -Street and Traffic Signal Lighting (Consoli- idated Fund) H. Street Lighting and Traffic Signals ...............................$ 40,500.00 $ 40,500.00 Item 140 -Street Cleaning (Consolidated Fund) A. Wages Drivers and Laborers $ 13,750.00 $ 13,750.00 E. Equipment ................................ 500.00 500.00 F. Maintenance ............................ 3,500.00 3,500.00 G. Material and Supplies ........... 800.00 800.00 Total ..............................................$ 18.550.00 $ 18,550.00 Item 141 -Snow Removal (Consolidated Fund) A. Labor .......................................$ 6,000.00 $ 6.000.00 E. Equipment ............... ............. 800.00 800.00 F. Maintenance ......... ................ 1,600.00 1,600.00 G. Material and Supplies ............ 550.00 550.00 Total ................... _._......... .........+, 3,950.00 $ 8,95().00 SUBTOTALS GROVII IV -HIGH- WAYS AND STREETS $223,130.00 $267.130.00 GROUP V -LIBRARY 1946-47 Proposed 1947-48 Appropriations Appropriations Item 143A -Library Fund and Misc. Library Revenue A. Salary Librarian ...................$ 3,000.00 $ 3.000.00 A. Salary Reference Librarian.... 2,340.00 2,340.00 A. Salary Cataloguer ................... 2,142.00 2,142.00 A. Salary Juvenile Librarian 2,010.00 2,010.00 A Salary Circulation Head (part time) ............................... 1,137.00 1,137.00 A. Salary School Librarian 1,866.00 1,866.00 A. Salary Asst, of Circulation Head ............................... 1,866.00 1.866.00 A. Salaries General Assistants (3) ...................................... 4.860.00 4.860.00 A. Salary Caretaker ...................... 2,130.00 2,130.00 A. Salary Extra Help ................... 3,649.00 3,649.00 B Travel Expense ...................... 100.00 100.00 C. Office Expense ......................... 150.00 150.00 D. Printing ........... _ .......... ......... 50.00 50.00 E. Books and Periodicals ............ 6,780.00 6,780.00 F. Binding ........................... ......... 1,900.00 1,900.00 F.1. Building Repairs .............. 5,000.00 5,000.00 G. :Material and Supplies .......... 1,700.00 1,700.00 H. Heat, Light and Water ......... 2,500.00 2,500.00 I. insurance ............................. 408.00 408.00 Total .................. ..........................$ 43,588.00 $ 43.588.00 (Library Tax -$41,488.00 ;Library Tax Agricultural Land -$100.00! Misc. Library Revenue -$2,000.00) GROUP VI -PARK FUND 1946-47 Proposed 1947-48 Appropriations Appropriations Item 144A -Park Administration A. Salary Supf,rintim(1ont .........$ 2,580.00 $ 2,838.00 B. Travel .... .... .... I .............. 50.00 100.00 50.00 100.00 C Office ...... _ ................... D. Printing and A�Icoi'ii.�im; ... 60.00 60.00 J. Miscellaneous .... .... ...... 15.00 15.00 Total ............................. ... ....$ 2,805.00 $ 3,063.00 Item 144B -Park Areas, Buildings, Etc, $ 15.300.00 $ 16,300.00 A. Wages of Laborers ............... 400.00 400.00 C. Forestry ............ ........... ...... E. Equipment 600.00 600.00 F. Maintenance ....... .... .- ...... 1,400.00 1,800.00 1,400.00 1,800.00 G. Material and Supplies .............. H. Heat, Light, Water and Tele- 1,800.00 1,800.00 phone ................................... 700.00 700.00 1. insurance ................................... J-1. Renovations and Replace- 100.000 100.00 ments .............. ........ ... J-2. Interest. Reserves and As- 62.Oo 46.00 sessments ..................... Total.......... .... .... .... I ... .........$ 22.162.00 . $ 23,146.00 SUBTOTALS GROCP \"1 -PARK $ 24,967.00 $ 26,209.00 FUND ...... ............ -$3,700) (Park Tax -$22,509; \fisc. Park Revenues . Regular Session, August 501, 1946 254 GROUP VII-PLPOOLOUN SWIMMING DAND 1946-47 Proposed 1947-48 Appropriations Appropriations Item 145A -Recreation Administration 2 G40.U(1 $ 2,640.00 A. Salary Director .......... Office Help ............._ 1,056.00 1,056.00 A. Salary 50.00 50.00 I; Travel ".. ".. .... ' .... 120.00 120.00 �� Office ... .. ... ........ Maintenance of Car ........... .. 360.00 360.00 p• Material and Supplies ...••..••• 250.00 250.00 4.476.00 $ 4,476.01, •rotal .... .... .... ............. .... ....$ ;tem 145B -Outdoor Recreation k walarles Supervisors, Dire-- $750.60 C,L6�.�G $ S,LLC.viti tors, Etc . ............ .._. Laborers............ .. 750.Ou �_. Wages c t I:. Bquipnienl 1,100.00 750.00 F. Maintenance ........ ................ Material and Supplies ........ 700.00 700.00 500.00 500.00 (; H. Light .... ............................ 600.00 500.00 I Insurance ........ ...................... 500.00 250.00 Total ....... ......... ...................$ 10.600.00 $ 6.800.00 Item 145D -Indoor Recreation $ 900.00 $ 1100.00 A. WoFe ...................... C. Office ... .. .... ... . .. . . .......... 25.00 25.00 I•; I-lquipment ........................ 300.00 300.00 I. Maintenance ............................ 500.00 500.00 C,, Material and Supplies ............ 400.00 400.00 11 heat ind Light ................... 400.00 400.00 Total .... ..............................$ 2,525.00 $ 2.525.011 Item 145E -Swimming Pool A. Salary Superintendent ......... $ 450.00 $ 450.00 A. Salaries Guards (4) ............ 900.00 900.00 A. Salaries Attendants ............... 1.300.00 1,300.0(3 F. Maintenance .......... . ............ 450.00 450.00 G. Material and Supplies .......... 350.00 350.011 H. Light and Power .................. 300.00 300.00 I. Insurance ......... ..... ... 259.00 281.00 Total ................... ......_... .... ..... $ 4,009.00 $ 4.031.011 Item 146 -Improvement and Care of Grounds F. Maintenance ............ ........ $ 1,000.011 $ 1.000.00 J. Improvement of Grounds ........ 1;,000.00 5,000.00 Total ................ ..................$ 7,000.00 $ 6.00u.ou SUBTOTALS GROUP VII -PLAY- GROUNDS AND SWIM- MING POOL .................... $ 28,610.00 $ 23,832.OU (Playgrounds and Swimming Pool Tax -$18,007.00; Swimming Pool Receipts -$3,500.00; Skating Receipts -- $250.00; Misc. Receipts -$75.00; Balance on Hand-$2,- and-$2,-000.00) 000,00) GROUP VIII -MISCELLANEOUS 1946-47 Proposed 1947-48 Appropriations Appropriations Item 147 -Planning and Zoning (Consolidated Fund) J. Miscellaneous .... ..... ._ ...... $ 25.00 $ 5,000.00 Item 148 E -Ambulance A. Salaries Drivers (2) ...... .. $ 4.872.00 $ 4,872.00 F. Maintenance .......................... 280.00 280.00 G Material and Supplies ...... 350.00 350.00 1. Insurance ..................... ... 225.00 225.00 Total .................................................$ 5,727.00$ 5,727.00 Item 148C -Other Miscellaneous J.1 Iowa League of Municipali- ties ........ .... ............ $ 80.00 $ 80.00 J-2. Damages ..... _ _....... 3,300.00 3,300.00 J-3 Printing Council I'rooeed- ings .... .... ...... 2,700.00 2,700.00 J-5. State Examiners.................. 2,000.00 2,000.00 J-6. Repairs to Town Clock .......... 500.00 500.00 J-7. Misc. Unclassified .............. . 3,100.00 3,100.00 J-8. Workmen's Compensation In- surance ........................ 1,500.00 2,50U.00 J-9. Interest on Warrants ............ 125.00 125.00 Total ........ $ 13,305.00 $ 14,305.00 SUBTOTALS GROUP VIII -MIS- CELLANEOUS ............... $ 19,057.00 $ 25,032.00 Regular Session, .August nth, 19.-16 25i GROUP IX -MARKETS AND PUBLIC SCALES (Consolidated Fund) Item 152 -Market Master A. Salary Market Master ....... $ 1,959.00 $ 1,959.00 F. Maintenance 20.00 20.00 G. Material and Supplies .......... 65.00 65.00 J. Miscellaneous ........ .... .......... 20.00 20.00 Total ........ ... ..........$ 2.064.00 $ 2,064.00 SUBTOTALS GROUP IX-1ITAR- ItET AN D PUBLIC SCALES ......... ..... $ 2,064,00 $ 2,064.00 GROUP X -MUNICIPAL IMPROVEMENTS (Consolidated Fund) Item 160 -Post War Improvements .T. Post War Projects ....._. ... $ 62,000.00 $ 39,025.00 Item 161 -Bridge Construction J. Bridge and Viaduct Work .... $ 26,716.00 $ 53,726.00 Item 162 -Assessments and Sewers .T-1. City's Share of Special As- sessments .... ............... - $ 6,000.00 $ 6,000.00 J -`l. :Main Sewers and Inlets ........ 20,284.00 25,000.00 Total $ 26,284.00 $ 31,000.00 SUBTOTALS GROUP S-1ll*NWl- PAT, Ti\1I'ROVEN11,;1:'rti $115.(100.00 $123,751.00 GROUP XI -PENSION FUNDS 19II;_G Proposed 1947-48 Appropriations Appropriations Item 154 -Police Pensions J-1. Police Pensions .......... ...... $ 16,641.00 $ 18,961.00 J-2. Police Retirement System .... 5,611.00 9,003.00 Total .... ........ .........................$ 22,252.00 $ 27,964.00 (Police Pension Tat -$18,511.00; Balance on Hand and Pay Deductions from Members -$450.00); (Police Re- tirement Tax -$9,003.00) Item 155 -Fire Pensions J-1 Fire Pensions $ 23,203.00 $ 25,500.110 J-2. Fire Retirement System ....... 8,721.00 1:3,001.00 Total $ 31,924.00 $ 38,501.00 (Fire Pension Tax -$24,850.00; Balance on Hand and Pay Deductions from Members -$650.00); (Fire Retirement Tax -$13,001.00) SUBTOTALS GROUP X1 -PEN- SIONS ................. .............. $ 54,176.00 $ 66,465.00 GROUP XII -DEBT SERVICE Item 161J -1 -City Bonds and Interest A-1. Interest on Bonds ............... $ 8,008.00 $ 5,789.011 A-3. Sewer Bond Redemption 35,000.00 11,000.00 A-4. Improvement Bond Redemp- tion .................... 40,000.00 ................. A-5. Funding Bond Redemption .... 10,000.00 45,000.00 A-6. Reserve ................................. 5,357.00 515.00 Total ........... $ 98,365.00 $ 62,304.00 (General Bond Fund -$62,304.00) Item 161J -2 -Dock Bonds and Interest A-1. Interest on Dock Bonds .....$ 895.00 $ 200.00 A-2. Dock Bond Redemption 27,000.00 5,000.00 A-3. Reserve 984.00 ................. Total ... .............................$ 28,879.00 $ 5,200.00 (Balance on Hand -$5,200.) Item 163J -2 -Airport Bonds and Interest A-1. Interest on Airport Bonds ...$ 705.00 $ 570.00 A-2. Airport Bond Redemption ... 18,000.00 19,000_00 Total ....... ... 18,705.00 19.570.00 (Airport Fund -$19,570.00) SUBTOTALS GROUP XII -DEBT SERVICE ...........................$145,949.00 $ 37,074.00 EMERGENCY AND RESERVE Reserve in General disc. Revenues $ 111.00 $ 235.00 GROUP XIII -DOCKS 1946-47 Proposed 1947-48 Appropriations Appropriations Item 153A -Dock Operation $ 420.00 $ 420.00 A. Salary Engineer B. Travel ........ 200.00 200.00 F. Maintenance .... 100.00 50.0 G. Material and Stwillies - 75.00 50.00 I. Insurance .... ...... 900.00 700.00 J-1 Traffic Associati,,n S r\ic,•.... 300.00 300.00 J-2. Improvements .... .... ... .... 1,000.00 400.00 J-3. Miscellaneous 700.00 400.00 Total ......$ 3,695.00 $ 2.520.00 256 Regular Session, August 5th, I946 Item 1538 -Dredge Operation Cashier ..........................$ 4,400.00 A. Salary Engineer ........... $ 180.00 7.000.00 $ 180.00 9,660.00 A. Salaries Operators .................. A. Wages Laborers .................... 4,500.00 4,500.00 F. Maintenance and Repairs ..... 2,000.00 11500.00 G. Material and Supplies _ ........ 1,500.00 2,000.00 H. Electric Power ........ .... 5,000.00 4,500.00 1. Marine Insurance .................. 729.00 729.00 1. Workmen's Compensation In- 2,132.00 2,132.00 surance.............................. J. Miscellaneous ... ....................... 324.00 250.00 Total ......................... ..............$ 21,833.00 $ 23,919.00 Item 153C -River Front Improvement 792.00 B. A. Wages .........................................$ 500.00 $ 500,00 H. Trucking .................................... 500.00 500.00 E. Equipment ...... ....- ................ 1.000.00 350.00 E. Tools ......... ........... ................. 200.00 100.00 G. Material and Supplies ............ 1,700.00 500.00 Total ....................... ........... ....$ 3,900.00 $ 1.700.00 SUBTOTALS GROUP YIII- G. Material and Supplies ............. DOCKS .............................$ 29,428.00 $ 28,139.00 (Dock Tax -$18,007.00; Misc. Dock Revenues -$10.132.00) GROUP XIV -AIRPORT J-1. Item 157 -Airport Fund 245,000.00 ................ F. Maintenance .. ......................$ 2,500.00 $ 2,500.00 1. Insurance ............................... 500.00 500.00 J Airport Development .............. 58,728.00 93,451.00 Total ............................................$ 61,728.00 $ 96,451.00 (Airport Tax -$34,451.00; Airport Balance and Revenues -$62.000.00) Salary Field Engineer ..........$ 3,306.00 GROUP XV -PARKING LOTS A. Item 170 -Parking Lot Fund 3,018.00 3,018.00 J. Parking Lots ...........................$................ Salaries Plant Engineers (6) $ 20,007.00 (Parking Lot Tax -$18 007.00; Estimated Revenue - $2,000.00) 3,000.00 GROUP XVI -WATER WORKS (Self -Supporting) 1946-47 Proposed 1947-48 Appropriations Appropriations Estimated Balance on Hand April 1, 1946 .........................$250,000.00 $250,000.00 Estimated Meter Sales ...................... 155,000.00 170,000.00 Estimated Flat Rate Sales ............. 250.00 750.00 Estimated Fire Protection Service 2,250.00 2,500.00 Estimated Non -Operation Service 2,500.00 2,500.00 Estimated Sales Tax Collections .... 3,200.00 3,415.00 Total ......... . .... ......$413,200.00 $429,165.00 DISBURSEMENTS Item 149A -Administration A. Salary Superintendent and Cashier ..........................$ 4,400.00 $ 4,400.00 A. Salary Accountant ........ 2,886.00 2.886.00 A. Salary Stenographer and Clerk ............................ 2,292.00 2,292.00 A. Salary Clerk ........................... 1,854.00 1,854.00 A. Salary City Manager (25%).... 2,132.00 2,132.00 A. Salary City Auditor (25%) ... 808.00 808.00 A. Salary City Treasurer (25%) 792.00 792.00 B. Travel .... ..... .......... .... ..... ..:........ 125.00 125.00 C. Office Expense and Postage.... 1,200.00 1,500.00 D. Printing and Advertising ..... 400.00 400.00 E. Equipment ................................ 1,150.00 1,150.00 F. Maintenance .............................. 300.00 300.00 G. Material and Supplies ............. 800.00 500.00 I. Insurance ..................................... 75.00 75.00 J-1. Post -War Projects .................. 245,000.00 ................ J-2. Miscellaneous .......................... 340.00 340.00 J-3 State Sales Tax ..................... 3,200.00 3,415.00 Total .._ ......................................$267,754.00 $ 22,969.00 Item 149B -Water Operation A. Salary Field Engineer ..........$ 3,306.00 $ 3,306.00 A. Salary Plant Chief Engineer 3,018.00 3,018.00 A. Salaries Plant Engineers (6) 15,480.00 15,480.00 A. A. Wages Extra Station Labor 3,000.00 3,000.00 Salary Tapper and Hydrant Man .... ................ 2,580.00 2,580.00 A. Salary Meter Service Man .. 2,292.00 2,292.00 A. Salary Meter Repair Man .... 2,652.00 2,652.00 Regular Session, August 5th, 1946 257 A. Salary Meter Reader ..... ... I. ... . 2,292.00 2,292.00 A. Salary Asst. Meter Repairer 2,364.00 2,364.00 A. Salary General Foreman ...... 3,126.00 3,126.00 A. Salary Asst. Foreman ......... 2,436.00 2,436.00 A. Wages Laborers ....................... 11,280.00 11,280.00 E. Equipment .............................. 10,000.00 10,000.00 F. Maintenance ............................ 12,000.00 12,000.00 G. Material ana Supplies .......... 2,000.00 2,000.00 H. Heat, Light and Water ......... 25,000.00 35,000,00 1. Insurance ............ ................... 1,500.00 5,500.00 J-1. Water Main Material ........ . 10,000.00 25,000.00 J-2. Other Betterments ................. 11,295.00 258,045.00 J-3. Store Reserve .................... 3,000.00 31000.00 J-4. Miscellaneous .. ..................... 1,000.00 1,000.00 Water Works, Group XVl Total ...................... ............................$129,621.00 428,340.00 $405,371.0(1 GRAND TOTAL WATER WORKS 825.00 825.00 APPROPRIATIONS .... $397,375.00 $428,340.00 NON- APPROPRIATIt I N R RE- 810,779.00 $ 850.606.00 Misc. SERVE ... ...............$ 825.00 $ 825.00 TRANSFEI; TO CITY INDEBTED - Balance 4/1/47 ........$ 383,779.00 $ 429,607.00 N NSS .. .... ............$ 15,000.00 ............ .., Resolution No. 113-46 Whereas, a budget of proposed expenditures for the fiscal year be- ginning April 1, 1947 and ending March 31, 1948, has been duly pre- pared by the City Manager, publish- ed as required by law and submitted to this Council for approval, and Whereas, This Council has ex- amined this budget, wherein esti- mates of the expenses of the vari- ous departments and purposes are shown, including the estimates for which the consolidated tax levy and all other levies, receipts from moneys and credits, and miscellan- eous sources are to be used and said budget shows all of the pro- posed expenditures for the ensuing fiscal year, and the salve was pub- lished as provided by law, and an opportunity was given all who might wish to file objections or protest to the same, and the time for action thereon having been fix- t ed as the 5th day of August, 1946, at 7:30 p.m.; and Whereas, No objections have been filed or made to said budget; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Budget prepared by the City Man- ager of the proposed expenditures for the fiscal year beginning April 1, 1947 and ending March 31, 1948 is hereby approved. Proposed, adopted and approved this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- Total .... .... ... .... .... ....$413,20n.00 $429,165.00 RECAPITULATION OF TOTAL APPROPRIATIONS AND RESERVES (a) City Operation, Group I to IX, inclusive ..........$ 803,166.00 $ 858,091.00 (b) Municipal Improvements, Group X ................... 115,000.00 123,751.00 (c) Reserve in Gen. Misc. Rev- enues ........................ 111.00 235.00 (d) Pensions, Group XI .... 54,176.00 66,465.00 (a) Debt Service Gruup XII... 145,949.00 87,074.00 (f) Docks, Groul; XIII.......... 29,428.00 28,139.00 (g) Airport. Group XIV ........... 61,728.00 96,451.00 (h) Parking Lots—Group XV ..................... 20,007.00 (i) Water Works, Group XVl 397,375.00 428,340.00 (j) Water Works Reserve ... 825.00 825.00 Total .................................$1,607,758.00 $1,709,378.00 Tax Revenues ........................... $ 810,779.00 $ 850.606.00 Misc. Revenues and Estimated Balance 4/1/47 ........$ 383,779.00 $ 429,607.00 Water Works Revenue and Bal- 4/1/47 $ 413,200.00 $ 429,165.00 ance on Hand Total ................ ..................$1,607,758.00 $1,709,378.n0 Resolution No. 113-46 Whereas, a budget of proposed expenditures for the fiscal year be- ginning April 1, 1947 and ending March 31, 1948, has been duly pre- pared by the City Manager, publish- ed as required by law and submitted to this Council for approval, and Whereas, This Council has ex- amined this budget, wherein esti- mates of the expenses of the vari- ous departments and purposes are shown, including the estimates for which the consolidated tax levy and all other levies, receipts from moneys and credits, and miscellan- eous sources are to be used and said budget shows all of the pro- posed expenditures for the ensuing fiscal year, and the salve was pub- lished as provided by law, and an opportunity was given all who might wish to file objections or protest to the same, and the time for action thereon having been fix- t ed as the 5th day of August, 1946, at 7:30 p.m.; and Whereas, No objections have been filed or made to said budget; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Budget prepared by the City Man- ager of the proposed expenditures for the fiscal year beginning April 1, 1947 and ending March 31, 1948 is hereby approved. Proposed, adopted and approved this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- 2;8 Regular SessiolL. August 5th, 194 on(le(I by Councilman Moffatt. Car• ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in ib,• ('ouucil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mr. Alexander Smith and others, residents and property owners on West Third Street between Grand- view Ave. and Algona Street, ad- dressed the Council asking that West Third Street between Grand- view Avenue and Algona Street be widened, improved and water mains laid in said street as previously petitioned for. Councilman Murphy moved that City Solicitor Kintzinger be in- structed to take whatever steps are necessary to acquire the property located at the corner of West Third Street and Grandview Avenue for the widening of West Third Street. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. ORDER, DOCKET NO. 7445 before the Federal Communications Commission, Washington, D. C. in the matter of THE WESTERN UNION TELEGRAPH COMPANY, General Rate Investigation, present- ed and read. Councilman Murphy moved that the Order be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of J. A. Kerper, Secretary, Dubuque Chamber of Commerce, submitting a resolution adopted by the Fire Prevention Committee of the Chamber of Com- merce and approved by the Board of Directors stating that they deem it imperative that the City Council and City Manager promptly consid- er, approve end pursue the neces- sary steps to affect an early adop- tion of the fire prevention ordin- ance recommended by the National Board of Fire Underwriters, pre- sented and read. Councilman Thompson moved that the communication and reso- lution be referred to the Council for consideration at the time the report is received from the Na- tional Board of Fire Underwriters. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Communication of C. R. Livings- ton, Asst. Dist. Engr., Iowa State Highway Commission, submitting new maintenance contracts made out for maintenance in the City of Dubuque for the year beginning July 1, 1946, presented and read. Councilman Thompson ,moved that the communication be received and the Mayor authorized to exe- cute the contract on behalf of the City of Dubuque. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Merlin Kluck asking that a street light be installed at the corner of Rosedale Avenue and Asbury Street, presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Shiloh Circle No. 37, Ladies of the Grand Army of the Republic, asking permission for the holding of a tag day on Saturday September 7th, 1946, presented and read. Councilman Moffatt moved that the request be granted. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Regular Session. August ;th, 1.46 Petition of the Iowa Children's home Society asking permission for the holding of an emblem sale on Saturday, August 24th, 1946, pre- sented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Trades and Labor Congress extending invita- tion to the City Council to partici- pate in the Annual Labor Day Parade to be held Saturday, August 31, 1946 at 7:30 p.m., presented and read. Councilman Moffatt moved that the invitation be accepted. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the General Timber Service Inc., Fabricating Division, applying for permission to build a loading dock the entire length of their building located at the south west corner of Terminal and Jones Streets also asking that Water Street be graded and graveled to its full width for the length of their building, presented and read. Councilman Murphy moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Navy Club of the U. S. A. requesting permission to place on exhibit one of their Mobile War Exhibits, consisting of Japan- ese War Material and featuring the Suicide Midget Submarine or Jap- anese P.T. Boat, presented and read. Councilman Moffatt moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mrs. Frank Scherrer et al requesting a street light in the 2600 block on Pinard Street, pre- sented and read. Councilman Murphy moved that the jw(idon be referred to the Cowic•il to view the grounds. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of A. Y. McDonald Mfg. Co. requesting Council to vacate East 13th Street from the easterly line of Pine Street to the westerly line of Lynn Street; all the streets and alleys easterly of Pine Street from the northerly line of East 13th Street to the southerly line of East 14th Street to -wit: the al- ley between Pine and Maple Streets; Maple Street; the alley between Maple and Cedar Streets; Cedar Street; Sycamore Street; and the alley between Sycamore and Lynn Streets, presented and read. Councilman Moffatt moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Margaret E. Hogan, referred to the City Council by the Board of Supervisors, requesting suspension of the 1945 tax on the North 26 feet of City Lot 326, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Petition of Mary F. Brandt, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1945 tax on Lot 162 of East Dubuque Addition, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the ticssion, August 5th, 1946 26o Regular City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Sarah Koehler, refer- red to the City Council by the Board of Supervisors, requesting suspension of the 1945 tax on Lot 15 of Jackson School Sub., present ed and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, :Nays—None. WAIVER AND RELEASE OF DAMAGE The undersigned, being the own- er of a ninety-nine (99) year lease- hold in and to the following describ- ed real estate to -wit: Lot 1 of River Front Subdivision No. 1 in the City of Dubuque, County of Dubuque, and State of Iowa, according to plat of said subdivision recorded in Book of Plats No. 14, pages 62, 63 and 113 and 114, Dubuque County Records; and Lot 2 of Lot 16, Lot 2 of Lot I of Lot 17, Lot 1 of Lot 1 of Lot 18, and Lot 1 of Lot 19, all in Block 17 Dubuque Harbor Im- provement Co.'s Addition in the City of Dubuque, Iowa, according to the recorded plats thereof, which Property abuts relocated Commer- cial Street and the alley in block seventeen (17) of Dubuque Harbor Improvement Compiny's Addition all in the City of Dubuque, Iowa, in which street and alley the Illinois Central Railroad Company and the Chicago Great Western Railway Company proposes to construct spur tracks onto the premises above de- scribed pursuant to authority grant- ed by the City of Dubuque, Iowa In Ordinance No. 30-46 approved on final adoption July 1st, 1946, in consideration of the building of said spill• tracks by said railroad com- panies do hereby sever, waive and release any and all claims the un- dersigned had or may have for damages against the Illinois Cen- tral Railroad Company and the Chi- cago Great Western Railway Com- pany, their successors and assigns resulting from the construction of the aforesaid spur tracks in re- located Commercial Street and the alley in block seventeen (17) Du- buque Harbor Improvement Com- pany's Addition in the City of Du- buque, Iowa. Dated this 22nd day of July, 1946. Virginia -Carolina Chemical Corp. (Corporate Seal) By A.LYMAN IVEY, President By GEO. G. OSBORNE, Secretary State of Virginia l SS. City of Richmond J On this 22nd day of July, A.D. 1946, before me M. E. Dovenport, a Notary Public in and for the City of Richmond, Virginia, personally appeared A. Lynn Ivey and George G. Osborne to me personally known, who being duly sworn did say that the said A. Lynn Ivey is President, and the said George G. Osborne is Secretary of V i r g i n i a -Carolina Chemical Corporation, that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was sign- ed on behalf of said corporation by authority of the Board of Direc- tors, and the said A. Lynn Ivey and George G. Osborne, as said Presi- dent and Secretary, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it volun- tarily executed. M. E. DOVENPORT (Seal) Notary Public in and for the city of Richmond, State of Virginia. My Commission expires Mar. 31, 1948. Councilman Murphy moved that the Waiver and Release of damage be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. WAIVER AND RELEASE OF DAMAGE The undersigned, being the own- er of property in blocks thirteen. (13) and seventeen (17) Dubuque Harbor Improvement Company's Rcgular-Sessio i, August nth, ig-[6 .261 Addition, in the .City of Dubuque, Iowa, which property abuts relocat- ed Commercial Street and the alley in said block seventeen (17) in which street and alley the Illinois Central Railroad Company and the Chicago Great Western Railway Company proposes to construct spur tracks onto the following de- scribed real estate to -wit: Lot 1 of River Front Subdivision No. 1 in the City of Dubuque, Coun- ty of Dubuque, and State of Iowa, according to plat of said subdivision recorded in Book of Plats No. 14, pages 62, 63 and 113 and 114, Du- buque County Records; and Lot 2 of Lot 16, Lot 2 of Lot 1 of Lot 17, Lot 1 of Lot 1 of Lot 18, and Lot 1 of Lot 19, all in Block 17, Dubuque Harbor Improvement Co.'s Addition in the City of Dubuque, Iowa, ac- cording to the recorded plats there- of, pursuant to authority granted by the City of Dubuque, Iowa in Ordinance No, 30-46 approved on final adoption July 1st, 1946 in con- sideration of the building of said spur tracks by said railroad com- panies, does hereby forever waive and release any and all claims the undersigned have or may have for damages against the Illinois Cen- tral Railroad Company and the Chicago Great Western Railway Company, their successors and as- signs, resulting from the construc- tion of the aforesaid spur tracks in relocated Commercial Street and the alley in block seventeen (17) Dubuque Harbor Improvement Com- pany's Addition, all in the City of Dubuque, Iowa. Dated this 23rd day of July, 1946. Morrison Brothers Company By W. N. GLAB, President By W. N. Ziepprecht, Secretary State of Iowa, ss County of Dubuque On this 23rd day of July, 1946, before me Irma M. Biver, a Notary Public in and for Dubuque County, Iowa, personally appeared W. N. Glab and W. N. Ziepprecht to me personally known, who being by me duly sworn did say that they are the President and Secretary, re- spectively, of said Morrison Broth- ers Company, a corporation of Iowa, that no corporate seal has been procurred by the said corporation, and that said instrument was sign- ed on behalf of the said corporation by authority of the Board of Direc- tors, and the said W. N. Glab and W. N. Ziepprecht acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. (Seal) IRMA M. BIVER Notary Public in and for Dubuque County, Iowa. Councilman Murphy moved that the Waiver and Release of Damage be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 32-46 An Ordinance vacating the alley south of Lots 32 and 33 Littleton's and Sawyer's Addition in the City of Dubuque, Iowa, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipt and also a list of claims for which warrants were drawn 262 Regrtlar Scssicnt. August sth. ;q.}") during the month of .June, 1946, presented and read. Councilman Murphy moved that the proof of publication be receiv- ed avid filed. Seconded by Council- nran Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt. Murphy, Thompson, Can Duelman. lays—None. August 3. 1946 To the honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same for filing: EXCAVATION Lockhart Plumbing and Heating Co.. Western Surety Co. Respectfully submitted, A A. RHOMBERG, City Manager Councilman Murphy moved that the bond be approved and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 5, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the July 22nd meeting the petition of Willis J. Becker etal asking permission to connect with the sanitary sewer in West 16th Street was referred to the council to view the grounds. The Council having viewed the site decided that permission be granted to the petitioners to con- struct, at their expense, a 6" sani- tary sewer in West 16th Street from Catherine Street westerly, the same to be built under the super- vision of the city. I recommend that the decision of the council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Moffatt moved that recommendation of City Manager Rhomherg be confirmed. Seconded by Councilman Thompson. Carried by tire following vote: Yeas—Mayor Wharton, Council men Moffatt, Murphy, Thompson Van Duelman, Nays—None. August 5, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The offer of $20.00 made by Mrs. Dan Loeffelholz on Lot 40 of Rosedale Add, and the offer of $150.00 by C. N. Klein on Lots 47 and 48 of Finley, Waples and Burton Add. were referred to the council to view the grounds at the meeting July 1st and July 15th respectively. The council having viewed the properties decided to reject the offers as being too low in price. I recommend that the decision of the council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Thompson moved that the recommendation of City Manager Rhomberg be confirmed. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 5, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the July 15th meeting, the oral request for the construction of a sanitary sewer in Kane Street was referred to the Council to view the grounds. The council having viewed the premises decided to have a plat and schedule prepared for a sani- tary sewer in Kane Street from Kaufman Avenue northerly a dis- tance of approximately 450 feet. I recommend that the decision of the council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Mana- ger Rhornberg be approved. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 5, 1946 To the Iionorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the July 15th meeting, the communications of H. B. McCarten calling attention to Regular Sc�;ion, :august ;tli, til j(1 the condition of Robinson Street and asking that it be put in usable shape was referred to the council to view the grounds. The Council having examined the street decided to have it clean- ed up and repaired. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Moffatt moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 5, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the July 22nd meeting, the petition of the Baxter Mfg. Company requesting permis- sion to replace the present wooden loading dock on Jackson Street abutting City Lot 379 and the South 15 feet of City Lot 380 with a con- crete loading dock projecting into Jackson Street a distance of seven (7) feet, The Council having viewed the site decided to grant the request with the stipulation that the south- easterly corner of the dock at Jack- son and East Ninth Street be round- ed off and not form a sharp corner. I recommend that the decision of the Council be confirmed and the request be granted by the adoption of proper proceedings. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, COuncil- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. were sold on February 3, 1936 to Dubuque County, Iowa by the Coun- ty Treasurer of Dubuque County. Iowa for the delinquent taxes and unpaid taxes for the years 1931 to 1934, inclusive; and Whereas, the said Dubuque Coun- ty, Iowa desires to sell the above described real estate to Margaret Steichen for $150.00, and Whereas, the sale of said prop- erty by Dubuque County, Iowa to Margaret Steichen for a stmt less than the total amount stated in the Tax Certificate including all en- dorsements of subsequent general taxes, interests and costs requires the written approval of a majority of all tax -levying and tax -certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to Margaret Steichen for the sum of $150.00 in cash be and the same is hereby authorized and approved. Passed, adopted and approved this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Resolution No. 114-46 Whereas, Lots 22, 23, 24 and 25 of Mineral Lot 39 in the City of Dubuque. Dubuque County, Iowa 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 Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 115.46 Whereas, Dubuque County, Iowa deems it necessary to improve the local county road abutting the Mun- icipal airport along the west bound- aries of the N. E. 1/4 of the S. E. % of the N. W. 1/4 of Section 27, T88NR2E; and Whereas, it is necessary in the road improvement that it be widen- ed from its present width of forty feet to a width of sixty-six feet; and Whereas, this Council considers that the best interest of the city 64 . Regular Session, August 5th, 1046 of D11bug6e will be served by such road improvement and widening; Now, Therefore, Iie It Resolved by the City Coun- cil of the City of Dubuque, Iowa that easement for use as a public highway and for highway purposes be granted to Dubuque County, Iowa of a strip of land thirty-three feet in width along the west side of the N. E. y, and the S. E. 1/4 of the N. W. 1/4 of Section 27, T 88 N, R 2 E and the Mayor and Clerk are hereby authorized and directed to execute such easement on behalf of the City of Dubuque and to affix thereto the official seal of said city. Passed, adopted, and approved this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, 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 Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. July 30, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted are petitions and waivers signed by all of the owners of property subject to special assessment for the paving of Euclid and Harlan Streets, The award of the contracts for the paving of these two streets be- ing contingent upon obtaining such waivers, I recommend that the contracts be entered into with the low bidder the Thos. Flynn Coal Co. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved and the Petitions and Waivers be made a matter of record. Seconded by Coun- cilman Moffatt. Carried by the fol. lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. PETITION AND WAIVER The undersigned, owner of Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, the South 1%z of 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of Sheridan's Add. property abutting upon and adjacent to Harlan Street, hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to cause Harlan Street from Windsor Avenue to Sheridan Street to be improved by grading, curb and paving, and does here- by Petition said City to enter into a contract with Thos. Flynn Coal Co. to construct said improvements in accordance with and as pro- vided by plans and specifications to be furnished and approved by said City. The contract price for said work will be as follows: $4,581.50. It is further agreed, insofar as this applicant is concerned, that the City of Dubuque, Iowa, shall not be required to publish any Resolution of Necessity for said improvements, nor any of them, nor to publish any notice incident there- to, nor to advertise for bids for the construction of any of said improve- ments and that all conditions pre- cedent and all legal formalities of whatsoever kind or character re- quired to be observed by said City of Dubuque in considering and pro- viding for said improvements, in- cluding each and every question of jurisdiction, are each and all here- by fully and forever waived, the express intention being that said street shall be improved as afore- said and said improvements con- structed to the same extent and as fully as if each and every legal re- quirement were fully and faithfully observed and performed. In consideration of the construc- tion of the improvements as afore- said, the undersigned agrees to pay his proportionate share of the cost thereof, including the engineering and inspection expense to the City and the expense of making assess- ment schedule, and it is agreed that the City of Dubuque shall cause assessment to be made against Rcgular Session. August 5th, If)_10 2 0,j the property of the undersigned ac- cording to area and that such as- sessment shall be and constitute a lien upon the properties of the un- dersigned for the cost of such im- provements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in ten equal installments providing said assessments shall not exceed 25% of the acutal value of the prop- erty of the undersigned, including new homes and real estate. New homes are being built upon this property and it is agreed by this Petition that the real estate and the new homes shall be included in fixing the actual value, not with- standing any provisions of the Sta- tute to the contrary. The undersigned further Peti- tions said City to pay the contrac- tor for constructing said improve- ments by the delivery of special as- sessment certificates or special as- sessment bonds to the contractor against the properties of the under- signed payable in ten equal install- ments. It is further agreed that in ac- cepting this Petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ordered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property. DUBUQUE HOMES, INC. By C. P. Mettel, Pres. PETITION AND WAIVER The undersigned, owner of Lots 6, 7, North % of 8, 29, 30, 31, 32, 33, 34, 35, 36, 37, 40, 41, 42, 43, 44, 45 and 46 property abutting upon and adjacent to Euclid Street, here- by petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to cause Euclid Street from Windsor Avenue to Sheridan Street to be improved by grading, curb and paving, and does hereby Petition said City to enter into a contract with Thos. Flynn Coal Co. to construct said improvements in accordance with and as provided by plans and specifications to be furn- ished and approved by said City. The contract price for said work will be as follows: It is further agreed, insofar as this applicant is concerned, that the City of Dubuque. Iowa, shall not be required to publish any Resolution of Necessity for said improvements, nor any of them, nor to publish any notice incident there- to, nor to advertise for bids for the construction of any of said improve- ments and that all conditions pre- cedent and all legal formalities of whatsoever kind or character re- quired to be observed by said City of Dubuque in considAring and providing for said improvements, including each and every question of Jurisdiction, are each and all hereby fully and forever waived, the express intention being that said street shall be improved as aforesaid and said improvements constructed to the same extent and as fully as if each and every legal requirement were fully and faith- fully observed and performed. In consideration of the construc- tion of the improvements as afore- said, the undesigned agrees to pay his proportionate share of the cost thereof, including the engineering and inspection ekpense to the City and the expense of making assess- ment schedule, and it is agreed that the City of Dubuque shall cause as- sessments to be made against the property of the undersigned ac- cording to area and that such as- sessment shall be and constitute a lien upon the properties of the un- dersigned for the cost of such im- provements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in ten equal installments providing said assessments shall not exceed 25% of the actual value of the property of the undersigned, in- cluding new house and real estate. New homes are being built upon this property and it is agreed by this Petition that the real estate and the new homes shall be Includ- ed in fixing the actual value, not withstanding any provisions of the Statute to the contrary. The undersigned further Petitions said City to pay the contractor for constructing said improvements by the delivery of special assessment certificates or special assessment bonds to the contractor against the 200 Regular Session, August 5th, 1940 properties of the undersigned pay- able in ten equal installments. It is further agreed that in ac- cepting this Petition and In order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property. DUBUQUE HOMES INC., C. P. Mettel, Pres. PETITION AND WAIVER The undersigned, owner of Lot 5 and the South 1/2 of Lot 4 of Sheridan's Add., property abutting upon and adjacent to,Euclid Street, hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to cause Eu- clid Street from Windsor Avenue to Sheridan Street to be improved by grading, curb and paving, and does hereby Petition said City to enter into a contract with Thos. Flynn Coal Co. to construct said improvements in accordance with and as provided by plans and speci- fications to be furnished and ap- proved by said City. The contract price for said work will be as follows: It is further agreed, insofar as this applicant is concerned, that the City of Dubuque, Iowa, shall not be required to publish any Resolu- tion of Necessity for said improve- ments, nor any of them, nor to pub- lish any notice incident thereto, nor to advertise for bids for the construction of any of said improve- ments and that all conditions pre- cedent and all legal formalities of whatsoever kind or character re- quired to be observed by said City of Dubuque in considering and providing for said improvements, including each and every question of Jurisdiction, are each and all hereby fully and forever waived, the express intention being that said street shall be in1proved as aforesaid and said improvements constructed to the same extent and as fully as if each and every legal requirement were fully and faith- fully observed and performed. lu consideration of the construe. tion of the improvements as afore• said, the undersigned agrees to pay his proportionate share of the cost thereof, including the engineering and inspection expense to the City and the expense of making assess- ment schedule, and it is agreed that the City of Dubuque shall cause as- s6sments to be made against the property of the undersigned accord- ing to area and that such assess- ment shall be and constitute a lien upon the properties of the under signed for the cost of such improve- ments on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in ten equal installments providing said assessments shall not exceed 25% of the actual value of the property of the undersigned, including new house and real estate. A new house is being built upon this property and it is agreed by this Petition that the real estate and the new house shall be included in fixing the actual value, not withstanding any provisions of the Statute to the contrary. The undersigned further Petitions said City to pay the contractor for constructing said improvements by the delivery of special assessment certificates or special assessment bonds to the contractor against the properties of the undersigned pay- able in ten equal installments. It is further agreed that in ac- cepting this Petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property. METTEL REALTY & INVEST- MENT COMPANY By A. J. Mihm, Sec. Treas. Charles P. Mettel PETITION AND WAIVER The undersigned, owner of Lot 3 and the North 1/2 of Lot 4 of Sheri- dan's Add., property abutting upon and adjacent to Euclid Street, here- by petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to cause Euclid Street from Windsor Avenue to Sheridan Street to be improved by grading, Regular Session. August ith, 1946 267 curb and paving, and does hereby Petition said City to enter into a contract with Thos. Flynn Coal Co. to construct said improvements in accordance with and as provided by plans and specifications to be fur- nished and approved by said City. The contract price for said work will be as follows: It is further agreed, insofar as this applicant is concerned, that the City of Dubuque, Iowa shall not be required to publish any Reso- tion of Necessity for said improve- ments, nor any of them, nor to pub- lish any notice incident thereto, not to advertise for bids for the construction of any of said improve- ments and that all conditions pre- cedent and all legal formalities of whatsoever kind or character re- quired to be observed by said City of Dubuque in considering and pro- viding for said improvements, in- cluding each and every question of Jurisdiction, are each and all here- by fully and forever waived, the ex- press intention being that said st. shall be improved as aforesaid and said improvements constructed to the same extent and as fully as if each and every legal requirement were fully and faithfully observed and performed. In consideration of the construc- tion of the improvements as afore- said, the undersigned agrees to pay his proportionate share of the cost thereof, including the engineering and inspection expense to the City and the expense of making assess- ment schedule, and it is agreed that the City of Dubuque shall cause as- sessments to be made against the property of the undersigned accord- ing to area and that such assess- ment shall be and constitute a lien upon the properties of the under- signed for the cost of such improve- ments on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in ten equal installments providing said assessments shall not exceed 25% of the actual value of the property of the undersigned, not withstand- ing any provisions of the Statute to the contrary. The undersigned further Petitions said City to pay the contractor for constructing said improvements by the delivery of special assessment certificates or special assessment bonds to the contractor against the Properties of the undersigned pay- able in ten equal installments. It is further agreed that in ac- cepting this Petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ordered with or without the Petition of prop- erty owners, without in any way qualifying this Petition or releas- ing the undersigned from his obli- gation to pay a,.ssessments made against his property. ANTHONY P. SCHMITZ ROSELYN SCHMITZ PETITION AND WAIVER The undersigned, owner of the South 1/2 of Lot 38 and the South % of Lot 39 of Sheridan's Add., property abutting an upon and ad- jacent to Euclid Street, hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to cause Euclid Street from Windsor Avenue to Sheridan Street to be improved by grading, curb and paving, and does hereby Petition said City to enter into a contract with Thos. Flynn Coal Co, to construct said improvements in accordance with and as provided by plans and specifications to .be furnished and approved by said City. The contract price for said work will be as follows: it is further agreed, insofar as this applicant is concerned, that the City of Dubuque, Iowa, shall not be required to publish any Reso- lution of Necessity for said im- provements, nor any of them, nor to publish any notice incident thereto, nor to advertise for bids for the construction of any of said improvements and that all condi- tions precedent and all legal for- malities of whatsoever kind or character required to be observed by said City of Dubuque in consid- ering and providing for said im- provements, including each and every question of Jurisdiction, are each and all hereby fully and for- ever waived, the express intention being that said street shall be im- proved as aforesaid and said im- provements constructed to the same extent and as fully as if each and 208 . Kegtila.r Session, August 5th, 1946 every legal requirement were fully and faithfully observed and per. formed. in consideration of the construc- tion of the improvements as afore- said, the undersigned agrees to pay his proportionate share of the cost thereof, including the engineer. ing and inspection expense to the City and the expense of snaking assessment schedule, and it is agreed that the City of Dubuque shall cause assessments to be made against the property of the under- signed according to area and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the cost of such improvements on and from the date of the acceptance of this Petition by the City, and the under- signed agrees to pay said assess- ments in ten equal installments providing said assessments, shall not exceed 25% of the actual value of the property of the undersigned, not withstanding any provisions of the Statute to the contrary. The undersigned further Peti- tions said City to pay the contrac- tor for constructing said improve- ments by the delivery of special assessment certificates or special assessment bonds to the contractor against the properties of the under- signed payable in ten equal install- ments. It is further agreed that in ac- cepting this Petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ordered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property. Raymond Roggensack Ina M. Roggensack PETITION AND WAIVER The undersigned, owner of the North % of Lot 38 and the North 1/2 of Lot 39 of Sheridan's Add., property abutting an upon and ad- jacent to Euclid Street, hereby pe- titions the City Council of the City of Dubuque, Iowa, as soon as prac- ticable, to cause Euclid Street from Windsor Avenue to Sheridan Street to be improved by grading, curb and paving, and does hereby Peti- tion said City to enter into a con- tract with Thos. Flynn Coal Co. to construct said improvements in ac- cordance with and as provided by plans and specifications to be fur- nished and approved by said City. The contract price for said work will be as follows: It is further agreed, insofar as this applicant is concerned, that the City of Dubuque, Iowa, shall not be required to publish any Resolution of Necessity for said improvements, nor any of them, nor to publish any notice incident thereto, nor to advertise for bids for the construction of any of said improvements and that all condi- tions precedent and all legal for- malities of whatsoever kind or character required to be observed by said City of Dubuque in con- sidering and providing for said im- provehnestts, isycluding each and every question of Jurisdiction, are each and all hereby fully and for- ever waived, the express intention being that said street shall be im- proved as aforesaid and said im- provements constructed to the same extent and as fully as if each and every legal requirement were fully and faithfully observed and performed. In consideration of the construc- tion of the improvements as afore- said, the undersigned agrees to pay his proportionate share of the cost thereof, including the engineering and inspection expense to the City and the expense of making assess- ment schedule, and it is agreed that the City of Dubuque shall cause as- sessments to be made against the property of the undersigned ac- cording to area and that such as- sessment shall be and constitute a lien upon the properties of the undersigned for the cost of such im- provements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in ten equal installments providing said assessments shall not exceed 25%u of the actual value of the prop- erty of the undersigned, not with- standing any provision of the Sta- tute to the contrary. The undersigned further Peti- tions said City to pay the contrac- tor for constructing said improve- ments by the delivery of special as- sessment certificates or special as- sessment bonds to the contractor Regular session, August ,th, ioj 6 .26o against the properties of the under- signed payable in ten equal install- ments. It is further agreed that in ac- cepting this Petition and in order, ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ordered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property. Joseph Wm, Stitz Mrs. Joseph W. S Litz In consideration of the construe - tion of the improvements as afore- said, the undersigned agrees to pay his proportionate share of the cost thereof, including the engineering and inspection expense to the City and the expense of making assess- ment schedule, and it is agreed that the City of Dubuque shall cause assessments to be made against the property of the under- signed according to area and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un - PETITION AND WAIVER =1 igned agrees to pay said assess - The undersigned, owner of Lots ments in ten equal installments, 19 and 146 of Burden and Law -not withstanding any provisions of thers Add., property abutting upon the Statute to the contrary. and adjacent to Harlan Street, The undersigned further Peti- hereby petitions the City Council tions said City to pay the contrac- of the City of Dubuque, Iowa, as for for constructing said improve - soon as practicable, to cause Har- ments by the delivery of special lan Street from Windsor Avenue assessment certificates or special to Sheridan Street to be improved assessment bonds to the contractor by grading, curb and paving, and against the properties of the under - does hereby Petition said City to signed payable in ten equal install - enter into a contract with Thos. ments. Flynn Coal Co. to construct said It is further agreed that in ac - improvements in accordance with cepting this Petition and in order - and as provided by plans and speci- ing the construction of said im- fications to be furnished and ap- provements the Resolution of the proved by said City. City Council may contain recitals The contract price for said work that said improvements are order - will be as follows: ed with or without the Petition of It. is further agreed, insofar as property owners, without in any way qualifying this Petition or re - this applicant is concerned, that leasing the undersigned from his the City of Dubuque, Iowa, shall obligation to pay assessments made not be required to publish any against his property. Resolution of Necessity for said Leonard P. Thies improvements, nor any of them, nor Gladys Thies to publish any notice incident PETITION AND WAIVER thereto, nor to advertise for bids for the construction of any of said The undersigned, owner of Lot improvements and that all condi- 147 of Burden and Lawther's Add., tions precedent and all legal for- and of Lot2 of 2 of 13 T 89 N5Rf2tE property malities of whatsoever kind or character required to be observed abutting upon and adjacent to Har - by said City of Dubuque in con- lan Street, hereby petitions the sidering and providing for said im- City Council of the City of Du- provements, including each and buque, Iowa, as soon as practicable, every question of Jurisdiction, are to cause Harlan Street from Wind - each and all hereby fully and for- sor Avenue to Sheridan Street to ever waived, the express intention be improved by grading, curb and being that said street shall be im- paving, and does hereby Petition proved as aforesaid and said im- said City to enter into a contract provements constructed to the with Thos. Flynn Coal Co. to con - same extent and as fully as if each struct said improvements in ac - and every legal requirement were cordance with and as provided by Pully and faithfully observed and plans nishedand andspecifications approv d by saidto efur- City. performed. 270 Regular Session, August 5th, loG l:t The contract price for said work will be as follows: It is further agreed, insofar as this applicant is concerned, that the City of Dubuque, Iowa, shall not be required to publish any Resolution of Necessity for said improvements, nor any of them, nor to publish any notice incident thereto, nor to advertise for bids for the construction of any of said improvements and that all condi- tions precedent and all legal for- malities of whatsoever kind or character required to be observed by said City of Dubuque in consid- ering and providing for said im- provements, including each and every question of Jurisdiction, are each and all hereby fully and for- ever waived, the express intention being that said street shall be im- proved as aforesaid and said im- provements constructed to the same extent and as fully as if each and every legal requirement were fully and faithfully observed and performed. In consideration of the construc- tion of the improvements as afore- said, the undersigned agrees to pay his proportionate share of the cost thereof, including the engineering and inspection expense to the City and the expense of making as- sessment schedule, and it is agreed that the City of Dubuque shall cause assessments to be prepared against the property of the under- signed according to area and that each assessment shall be and con- stitute a lien upon the property of the undersigned for the cost of such improveemnts on and from the date of the acceptance of this petition by the City, and the under- signed agrees to pay said assess- ments in ten equal installments, not withstanding any provisions of the Statute to the contrary. The undersigned further Peti- tions said Ctiy to pay the contrac- tor for constructing said improve- ments by the delivery of special as- sessment certificates or special as- sessment bonds to the contractor against the properties of the under. signed payable in ten equal in- stalhuents. It is further agreed that in ac. cepting this Petition and in order• ing the construction of said im• )rovements the Resolution of the ,ity Council may contain recitals ,hat said improvements are order - ad with or without the Petition of property owners, without in any way quadifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property. Alfred M. Ferring Cecilia Ferring (AWARDING CONTRACT) Resolution No. 107-46 Whereas, proposals have been submitted by contractors for the paving of Harlan Street from the present pavement in Windsor Av- enue to approximately the east property line of Sheridan Street north pursuant to Resolution No. 87-46 and Thos. Flynn Coal Com- pany contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thos. Flynn Coal Company and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 22nd 1946. Passed and adopted this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Regular Session, August ,5th, 1946 (AWARDING CONTRACT) Resolution No. 108-46 Whereas, proposals have been submitted by contractors for the paving of Euclid Street from the present pavement in Windsor Av- enue to approximately twenty-two feet west of the east property line of Sheridan Street pursuant to Resolution No. 89-46 and Thos. Flynn Coal Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Thos. Flynn Coal Company and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 22nd 1946. Passed and adopted this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 116-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. ME Name Address John A. Armstrong and Harriett M. Armstrong, 398 Main Street Mrs. A. S. Brewer, East 4th Street Ext. Frederick Landolt, 690 West Lo- cust Street Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mrs. A. S. Brewer re- questing a refund in the amount of $75.00 on her cigarette permit No. 220 as she has discontinued the sale of cigarettes on August 4, 1946, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Mrs. A. S. Brewer o cover the amount of refund granted on the unexpired portion of her cigar- ette permit No. 220. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 117-46 Whereas, applications for 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 applications be granted and the licenses are to be issued Upon the- compliance with the terms of the ordinances of this City. 27.2 Regular Session, August 5th, 1946 Class "B" Permit Name Address Alfred Hedley and Lillian Hed- ley, 1598 Jackson Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Gilbert J. Nicks and Josephine Nicks, 103 East 22nd Street. Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. Mrs. Florence M. Miller, 400 Cen- tral Avenue. Wililam Leo Johanningmeier, 1879-1881 Central Avenue. Class "B" Permit for Private Club Knights of Columbus, Council No. 510, 781 Locust Street. Luxemburg Club of Dubuque, Iowa, 1832-68 Central Avenue. Class "C" Permit Vincent B. Schwartz, 1105 Wal- nut Street. Passed, adopted and approved this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 118.46 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com. Ply 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 Man• ager be and he is hereby directed to issue to the following named applicants a Beer Permit. Class "B" Permit Name Address Joseph J. Weiner and Evelyr Weiner, 709 University Avenue. Gilbert J. Nicks and Josephine (Vicks, 103 East 22nd Street. Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. Mrs. Florence M. Miller, 400 Cen- tral Avenue. William Leo Johanningmeier, 1879-1881 Central Avenue. Class "B" Permit for Private Club Knights of Columbus, Council No. 510, 781 Locust Street. Luxemburg Club of Dubuque, Iowa, 1832-68 Central Avenue. Class "C" Permit Vincent B. Schwartz, 1105 Wal. nut Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, 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 Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 119-46 Whereas, a plat has been duly filed by Joseph V. Keppler and Mary Elizabeth Keppler in which The subdivision of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot "B" of Lot 1 of Lot 1 of Lot 1 of the subdivision of Mineral Lot 24 in the City of Dubuque, Iowa and which will hereafter be known and named "Dunleith" a subdi- vision in the City of Dubuque, Iowa, containing Lots 1, 2, 3, 4, 5, 6, 7 and Dunleith Street is platted as "DUNLEITH" a sub- division in the City of Dubuque, Iowa; And, Whereas, said plat has been duly examined by the City Plan Commission and the approval of the City Plan Commission en- dorsed thereon; Regular Scssion..\ugust 5th, 1946 273 And, Whereas, upon said plat is a street designated "DUNLEITH" Street; And, Whereas, the owners have upon said plat dedicated said street shown on said plat as "Dunleith" Street to the public forever; And, Whereas, said plat has been examined by the City Council and they find that the same conforms to the Statute and Ordinances re- lating thereto; And, Whereas, the City Council finds that the street designated as "Dunleith" Street should be accept- ed and confirmed. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: That the dedication of "Dun- leith" Street upon the plat of Dun- leith subdivision be, and the same is hereby accepted and confirmed for said purposes. That the plat of: The subdivsion of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot "B" of Lot 1 of Lot 1 of Lot 1 of the subdivision of Mineral Lot 24 in the City of Dubuque, Iowa and which will hereafter be known and named "Dunleith" a subdi- vision in the City of Dubuque, Iowa, containing Lots 1, 21 3, 4, 5, 6, 7 and Dunleith Street be and the same is hereby approv- ed and the Mayor and the Clerk are hereby directed to endorse the approval of the City upon said plat provided the street shall be graded to the satisfaction of the City Coun- cil. Passed, adopted and approved this 5th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 5, 1946 Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the status of the Washington Park, located between 6th, 7th, Locust and Bluff Streets, the Department of Interior, General Land Office, Washington, D. C., upon inquiry, wrote me on April 10, 1941 as fol- lows: "The town of Dubuque was surveyed and disposed of in ac- cordance with the acts of July 2, 1836, March 3, 1837 and June 15, 1844 (5 Stat. 70, 178, 666). The act of April 25, 1876 (19 Stat. 37), provides: "That the consent of the United States is hereby given to the pro- per authorities of. the county of Dubuque in the State of Iowa, (the consent of the proper authorities of the City of Dubuque and also of the owners of property fronting on said square or heretofore locat- ed by description on said square, being first had and obtained,) to the construction of such public buildings as may be necesary for court purposes and for the public officers of said county, in the pub- lic park, in the City of Dubuque, known as Washington square; and whatever title the United States now has to said premises is here- by relinquished to the county of Dubuque for the purposes herein indicated and for no other." Yours truly JOHN J. KINTZINGER, City Solicitor Councilman Thompson moved that the report of City Solicitor Kintzinger be received and made a matter of record. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 120-46 Whereas, the Convention of the League of Iowa Municipalities is going to be held in Cedar Rapids during the month of August, 1946; And, Whereas, certain persons should be named to attend said convention and be authorized to represent the City in voting; 274 Regular Session, August 5th, 1946 Now, Therefore: Be It Resolved by the City Coun- cil of the City of Dubuque: That Albeit Wharton, Mayor, F. W. Thompson, Frank Van Duelman, Geo. R. Murphy and W. W Moffatt, Councilmen, A. A. Rhomberg, City Manager and John J. Kintzinger, City Solicitor be, and they are hereby authorized to attend said Convention at the expense of the City; and that all or any of them in attendance at said convention are authorized to cast the votes for and on behalf of the City of Du- buque at such convention as their best judgment dictates. Passed, adopted and approved this 6th day of August, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. It. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, w City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Approved.��_J 5At-1947 Councilmen:.W...................:..:. a4v7 - Attest: ..... ......,. f� Cy Clerk. Regular Session, September end, 10+6 ; City Council (Official) Regular Session, September 2nd, 1946. No members of the City Council being present upon roll call, the meeting was postponed subject to call. J. J. SHEA, City yYerk/ Adopted . Q.�!1AA.QVky. 1.. nI9�I Approved. l...............i .....�... Councilmen: Attest: ... ...1.!) Cii(y Clerk. \rli,,tt m -d Regular Session, September 3rd, 1946 City Council (Official) Adjourned Regular Session, Sep- tember 3rd, 1946. Council met at 7:30 P.M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Mayor Wharton stated that this meeting is an Adjourned Meeting of the Regular Meeting of Septem- ber 2nd, 1946, for the purpose of acting upon such business as may properly come before a Regular Meeting of the City Council. Councilman Van Duelman moved that Daylight Saving Time be dis- continued to take effect at mid- night on Saturday, September 7th, 1946. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of St. Joseph Mercy Hospital of Dubuque and Sisters of Mercy clarifying their former petition filed June 3, 1946 relative to the widening of James Street, to provide adequate storm water diversion and to provide for the extension of water mains, present- ed and read. Attorney Herbert Hoffmann ad- dressed the Council in support of the petition of St, Joseph Mercy Hospital and Sisters of Mercy. Councilman Thompson moved that the petition be referred to the Council for consideration at a meet. ing to be held Thursday, Septem- ber 5th, 1946 and the Fire Chief requested to be present at the meet. Ing. Seconded by Councilman Van Duelman. Carried by the following Vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Kenline, Roedell, Hoffmann and Reynolds, Attorneys for the Chicago Great Western Railway Company, requesting that the Chicago Great Western Rail- way Company be granted the right to construct a spur track across 12th Street as reflected by the plat herewith submitted, presented and read. Attorney H. C. Kenline addressed the Council in support of the peti. tion requesting that the Chicago Great Western Railway Company be granted the right to construct a spur track across 12th Street. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Deulman. Nays—None. Petition of Joseph Wingert et al, residents of the Audubon School District, asking that something be done about the sewer odor in this vicinity and that this condition be corrected, presented and read. Messrs Wm. Leik et al addressed the Council in support of their petition and requested that im- mediate action be taken to cause the removal of the odor from the sewer in the vicinity of the Audu- bon School district. Councilman Van Duelman moved that the petition be referred to the City Council and City Manager to- gether with a Committee of three of the petitioners to meet with the officials of the Dubuque Packing Company to discuss the alleged nuisance as outlined in the petition and the remedy for the elimination of said nuisance. Seconded by Councilman Thompson, Carried by the following vote: Yeas—Mayor Wha--ton, Council- men Moffatt, Murph r, Thompson, Van Duelman. Nays—None. \djo urncd Regular Session, September ,rel, a()2I Attorney M. H. Czizek addressed the Council on behalf of the pets, tion of Albert P. Dolan requesting the installation of a storm sewer in Shiras Street in front of the North y2 of Mineral Lot 309A. Councilman Moffatt moved that the petition be again referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mr. Clifford T. Siege, 1825 Ben- nett Street, addressed the Council asking that storm water from the alley adjoining his property be di- verted in order that the same be not allowed to flow over his prop- erty. Councilman Moffatt moved that the request be referred to the Coun- cil to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Leonard Burke, was present on at least one accasion when these girls were served. Chief Strub, who was present at the hearing, informed me that charges had been filed against both the bartender and the proprietor, but that the charge against the proprietor was dis- missed and the bartender allowed to forfeit a $100.00 bond without any attempt to obtain a conviction. I recalled that this same tavern had been involved in a juvenile case previously, and consequently looked at the District Court crim- inal records to find out what dis- position had been made of the prior charge. On November 7, 1945, Leon- ard Burke was found guilty in Po- lice Court on two charges; per- mitting a minor to consume beer on his tavern premises; and keep- ing liquor on the tavern premises. He was fined $50.00 and costs on each charge, and appealed both convictions to District Court. How. ever, on January 8, 1946, before any hearing was had on the appeal, the fines were paid to the office of the Clerk of the District Court and remitted to the City of Du- buque. Mr. Arthur A. Witherall, 1845 Bennett Street, addressed the Coun- cil requesting that a slow sign be erected on Bennett Street in order that automobile traffic be controlled on said street. Councilman Moffatt moved that the request be referred to the Coun- cil to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 27, 1946 Mr. A. A. Rhomberg, Manager, City of Dubuque, Dubuque, Iowa Dear Ab: At a recent juvenile court hearing involving two girls of 14 and 16 years of age, charged with forgery, the evidence indi- cated that on the two occasions in- volved, the girls, after securing the money from the forged instruments, immediately went to the Shangri- La Tavern on 11th and Main Street where they were served with beer by the bartender. The evidence also indicated that the proprietor, You will note that on the latest offense, a bond forfeiture was in- volved. I believe that on prior oc- casions when someone has raised the question about license revoca- tion under such circumstances an opinion has been given that a bond forfeiture does not constitute a conviction, and that failure to prose- cute the matter further would pre- clude the city from revoking the license. In the cases arising last November no question of a lack of conviction exists. I assume that you and the City Council are fami- liar with the provisions of Section 124.20 of the 1946 Code of Iowa which provides that it shall be un- lawful for any person to permit any minor to purchase or consume any beer on the premises of a Class "B" Permit Holder; and it further provides that a violation of this section shall be a manda. tory ground for a revocation of said permit. Section 124.34 extends the revocation power to cover vio- lations of ordinances adopted by a city or town. As you know, Juvenile Court is designed primarily for the purpose 2�g Adjourned Regular Session, Septemher 3rd, 1946 of rehabilitating youthful offenders, and its work is definitely handi- capped by law violators who per- sistently contribute to the delin- quency of juveniles. I am, there- fore, passing this information on to you in considerable detail so that you may be fully informed as to what the records of the Juvenile and the District Court reveal in this matter. Yours very truly, Milton J. Glenn Judge 19th Judicial District of Iowa Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, 4Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 121-46 Whereas, this Council on the 7th clay of September, 1945, caused to be issued a Class "B" Beer Permit bearing the Number 108 to Leonard Burke, operating a tavern at 1091 Main Street in the City of Dubuque; and Whereas, it has come to the at- tention of this Council that the owner and holder of said permit has conducted his place of business in a disorderly manner and has been convicted of a violation of law; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that Class "B" Beer Permit No. 108, heretofore issued to Leonard Burke, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancella- tion. Passed, adopted and approved this 3rd day of September 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Notice of Claim of Emilie Weiss in the amount of $500.00 for in- juries received in a fall on a side- walk in front of 2776 Central Av- enue, presented and read. Councilman Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Notice of Claim of Thomas L. Jacques in the amount of $29.41 for damages to his car caused in striking an open' manhole on Cen- tral Avenue, presented and read. Councilman Van Duelman moved that the Notice of Claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Magee - Hale Park -O -Meter Company sub- mitting for Council consideration an illustrated brochure showing the highlights of their improved automatic, universal parking meter, presented and read. Councilman Murphy moved that the communication be referred to the Council. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an offer of $200.00 on Lots 47 and 48 of Finley, Waples and Burton's Ad- dition made by Wm. Lammer, pre- sented and read. Councilman Murphy moved that the offer be rejected and the Board of Supervisors to be notified of the Adjourned Regular Session, September 3rd, 1940 711) action of the City Council. Seconded by Mayor Wharton. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Sumner S. Sollitt & Company advising that in compliance with Paragraph "X" of the contract dated the 22nd day of July, 1945, between the City of Du- buque and the Sumner S. Sollitt & Company that they are not to sub -let any part of the work cover- ed by this contract without the consent of the City of Dubuque, and accordingly, they are request- ing permisison to sub -let the grad- ing to the Charles J. Wilson Com- pany, sub -contractors for grading, presented and read. Councilman Van Duelman moved that the request be granted. Sec- ohded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Herbert E. Ruprecht submitting application for the position of manager and operator of the new airport and requesting Council consideration of his application, presented and read. Councilman Murphy moved that the communication be referred to the Council for consideration. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Communication of H. E. Ruprecht submitting copy of a chart which he developed showing the sources of revenue at a commercial air. port as it is most important in the planning of the airport that pro- visions be made to accomodate concessions, presented and read. Councilman Murphy moved that the communication be referred to the Council for consideration. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Wilson W. Wyatt, administrator, National Housing Agency, advising that a series of actions has been conclud- ed to increase the flow of vitally needed building materials into Veterans Housing, presented and read. Councilman Moffatt moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of The Interna- tional Council of Religious Educa- tion advising that the Sixteenth Annual Observance of Religious week will be celebrated during the week of September 29 through October 6, 1946 and requesting that the Mayor issue a Proclamation for the observance of said week, presented and read. Councilman Murphy moved that the communication be referred to the Mayor to issue a Proclamation as requested. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Communication of John F. Ro. shon owner of Lot 262, known as 1398 Pine Street, objecting to the vacation of Pine Street and the alley between Pine Street and Maple Street adjoining Lot 262 as requested by A. Y. McDonald Mfg. Co., presented and read. Councilman Moffatt moved that the communication be referred to the Planning and Zoning Commis- sion. Seconded by Councilman Mur. phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of L. E. Roethig request. ing the installation of a street light at 1790 Randall Place, presented and read. Councilman Murphy moved that the petition be denied. Seconded ego Adjourned ilegular Session, September ;rd, 194 by Councilman :Moffatt, uarrieu uy the following vote: Yeas—Mayor Wharton, Coundil- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mrs. Gertrude Corbett et al requesting that a street light be installed on Wilbur Street be- tween Grove Terrace and alley or at the second light pole on Wilbur Street from Grove Terrace west, presented and read. Councilman Thompson moved that the petition be referred to the City Manager to have lights rear• ranged on Wilbur Street. Seconded by Council Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of J. A. Klauer et al re- questing the Ctiy Council to deny the use of the corner lot occupied as a gas station on the corner of West Locust and Kirkwood Streets from being used as a Trailer Camp, presented and read. Councilman Murphy moved that the petition be referred to the City Manager and Health Department for investigation and report. Sec- onded by Mayor Wharton. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Arthur C. Kauffmann submitting an offer in the amount of $1,050.00 for the purchase of City owned property located on Garfield Avenue be- tween Dock and Marshall Streets, presented and read. Councilman Thompson moved that the offer be rejected. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of L. F. McDonough, Parade Chariman of the Iowa Cen- tennial Committee, requesting per- mission for the holding of a street parade on September 19, at 2 p.m.. presented and read. Councilman Van Duelman movec that the request be granted. Sec onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of July, 1946, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Ordinance No. 32-46 An Ordinance vacating the alley south of Lots 32 and 33 Littleton's and Sawyer's Addition in the City of Dubuque, Iowa, said ordinance having been passed upon first read- ing on August 5th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. Ordinance No. 32-46 An Ordinance vacating the alley south of Lots 32 and 33 Littleton's and Sawyer's Addition in the City of Dubuque, Iowa; And, Whereas, a Petition has been filed requesting the vacation of that part of the alley above described; And, Whereas, the Applicant is the owner of real estate abutting said alley; And, Whereas, the Planning and Zoning Commission of the City of Dubuque examined intq the advis- ability of vacating said alley, and after investigation, have recom- mended that such vacation be made: And, Whereas, said portion of said alley asked to be vacated has been platted and dedicated as a public alley but the same has nev- er been opened for travel or pub- lic use and there is no demand for the use thereof as such at this time, nvr is there any indication that the same will be needed for a long time to come; Adjourned regular Session, September 3rd, 'cl.4i, 281 And, Whereas, the Applicant. Joseph R. Wild desires the use of said alley in connection with the property above described and there does not appear to be valid ob- jections thereto; Now, Therefore, Be it ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That that part of the alley south of Lots 32 and 33 Lit- tleton's and Sawyer's Addition in the City of Dubuque, Iowa, be, and the same is hereby vacated Sec. 2. That the Applicant shall cause a plat of said vacated alley to be prepared wherein the part of the alley now being vacated shall be given a legal description, whereupon the City of Dubuque shall convey said alley to said Jo- seph R. Wild by quit claim deed, and the Mayor and Clerk of said City are hereby authorized and di- rected to execute said deed on be- half of said City. Sec. 3. That the Clerk be, and he is hereby directed to file a certified copy of this Ordinance in the office of the Recorder of Du- buque County, Iowa. Sec. 4. That this Ordinance shall be in force and effect ten days from and after its final passage, adoption and approval as provided by law, and when the cost of pub- lishing the same has been paid by the Petitioner. Passed upon first reading this 5th day of August, 1946. Passed, adopted and approved up- on final reading this 3rd day of September, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele. graph -Herald newspaper, this 5th day of September, 1946. 9-5-17. J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- rnded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 23, 1946 To the Honorable Mayor and Council, Dubuque, Iowa Gentlemen: On July 15, 1946 Sumner S. Sollitt & Company of Chicago was awarded a contract for the sum of $9,053.40 for the clearing, grubbing and grading of Avalon, Broadlawn, Morningview, Chaney, Ogilby, Mullin, Valleyview, and Hillcrest Roads in Hillcrest Annexation. Having checked and compared the grades of said roads with their Profile Nos. 1312, 1313, 1314, 1315. 1316, 1317, 1318, and 1319; 1 recom- mend that said clearing, grubbing and grading be accepted as fully complying with the terms and pro- visions of the contract. A word of commendation is given to Charles J. Wilson & Company's grade superintendent, George Nor- ton, for his splendid cooperation throughout the project. Respectfully submitted L. O. TEMPLE, City Engineer Councilman Thompson moved that the recommendation of City Engineer Temple be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. . August 9, 1946 To the Hondrable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith is sub- mitted Pi-ofile No. 1322 showing the proposed grade on West Third Street and Profile No. 1323 show- ing the proposed grade on Dun- leith Street. I recommend that the proposed grades be approved as shown oil the profiles and Ordinances be passed establishing such grades. Respectfully submitted, L. O. TEMPLE City Engineer Councilman Murphy moved that the recommendation of City En. gineer Temple be approved. Second- 282 A(ljourned Regular Session, September 3rd, I946 ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 33-46 An Ordinance establishing a grade on West Third Street from the ea,st property line of North Al- gona Street to the west property line of North Grandview avenue, presented and read. Councilman Van Duelman moved that the reading just had be consid- ered the first reading of the ordin- ance. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt• Carried by the following vote•: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 34-46 An ordinance establishing a grade on Dunleith Street from the west property line of Southern Avenue to a point 390 feet west of the west property line of Southern Avenue, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the •following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 10, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, Treasurer, Water Works, and Health Department, also a list of claims and list of payrolls for which warrants were drawn during the month of July, 1946. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. September 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bond and policy and desire to have your approval on same for filing: EXCAVATION Richard J. Burke, 130 West 13th Street, No. 5011 American Bonding Co. of Baltimore. TAXI -CAB The Radio Cab Company, 5th & Central Avenue, No. 14P101907 American Casualty Co. of Reading Pa. Respectfully submitted, A. A. RHOMBERG, City Manager Adjourned Regular Session, September ird; 1946 283 Councilman Moffatt moved that the bonds be approved and placed on file. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. September 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of August 5th the petition of Merlin Kluck requesting a street light at the corner of Rosedale and As- bury Streets and the petition of Mrs, Prank Sherrer et al request- ing a street light at 26th and Pin- ard Streets were referred to the Council to view the grounds. The Council having viewed the sites decided to grant the requests. I recommend that the decisions of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. September 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the August 5th meeting the petition of the General Timber Service, Inc., requesting permission to build a loading dock 11 feet 10 inches in width and 162 feet long in Water Street adjacent to the North 225 feet of the North 300 feet of Block 7 of Dubuque Harbor Co.'s Add. and also request- ing that Water Street be graded and graveled its full width from Jones Street south to the end of the building was referred to the Council to view the grounds. The Council having viewed the grounds decided to grant the re quests. I recommend that the de cisions of the Council be confirm ed and that proper proceedings bf adopted for the loading dock. Respectfully submitted, A. A. RHOMBERG, City Manage Councilman Murphy moved that he recommendation of City Mana- ;er Rhomberg be approved and he decisions of the Council con- Yrmed and the City Solicitor re- luested to prepare the proper pro- 2eedings. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. August 29, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of April 26th the matter of the tax certificates held by the City against the property of the Grace Metho- dist Church—the North 50 feet of the North 107 feet of the East I/z of City Lot 746 was referred to me to confer with the Trustees of the Church. As a result of several meetings the Trustees of the Church have increased their offer of compromise from $292.43 to $400.00 I recom- mend that the City Council accept the $400.00 and authorize •the City Treasurer to transfer and surrend- er the tax certificate to the Grace Methodist Church. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Moffatt moved that the recommendation of City Mana- ger Rhomberg be approved and the City Treasurer instructed accord- ingly. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 6, 1946 In re: Claim of Geneva Knapp Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the action of Geneva Knapp, Plain- tiff, vs, City of Dubuque, Iowa, De- fendant fol. $1,000.00 for personal injuries claimed to have been re- ceived on or about April 2, 1946, at a time when Plaintiff tripped and fell on a defective sidewalk located at 512 West 17th Street in the City 284 Adjourned Regular Session, September 3rd, 1946 of Dubuque, Iowa, upon investiga- tion I find that the sidewalk is in a very bad condition; that plaintiff did receive injuries. After consulta- tion M sulttaa- tion with her Attorney, Cooney, they have agreed to ac- cept $225.00 in full settlement of this action. I recommend that a warrant be issued payable to M. M. Cooney, Attorney for Geneva Knapp for $225.00 and that the same be de - delivered upon receipt by the City of a properly executed release and upon dismissal of the action above referred to. Yours truly, JOHN J. KINTZINGER, City Solicitor me that if she could receive $150.00 she would settle the claim. I took the matter up with the Wissel Mar. ket informing them of the situa. tion; they agreed to pay $75.00. I recommend that the City pay an additional sum of $75.00 and that a warrant be issued payable to Mrs. William Brosky for $75.00 and de- livered to her upon delivery to the City of a release properly executed by her. Yours truly, JOHN J. KINTZINGER Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $225.00 in favor of M. M. Cooney, Attorney for Geneva Knapp, as settlement in full of the claim and action, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release and upon dismissal of the court action. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. August 27, 1946 In re: Claim of Mrs. William Brosky Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the above claim, Mrs. Brosky claimed that she received injuries to her shoulder in a fall upon an icy sidewalk on the east side of 19th Street between Jackson and the alley to the west, which walk was alongside the Wissel Meat Market, the condition of the walk being caused by a down spout de- positing water directly on the walk which froze and made the walk un- safe and dangerous. Mrs. Brosky has been receiving treatments to her shoulder and arm ever since that time. There is no, question in my mind as to the liability. Mrs. Brosky brought to my office her bills, the Doctor bill, in all amounting to $104.50. She stated to Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amoutn of $75.00 in favor of Mrs. William Brosky, as settlement in full of her claim, and that said waraant be delivered upon receipt by the City of Dubuque of a properly executed release. Second- ed by Councilman Moffatt, Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 9, 1946 Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: In re: Petition of Mrs. Margaret E. Hogan for sus- pension of taxes on: City Lot NY2 of 326, asking that the 1945 tax be suspended because of age. Petition of Mary F. Brandt for suspension of taxes on: Lot 162, East Dubuque Addition, asking that the 1945 tax be suspended because of infirmity. Petition of Sarah Koehler for suspension of taxes on: Lot 15 Jackson School Sub., asking that the 1945 tax be suspended because of infirmity. I recommend that said Petitions be approved by the City Council of the City of Dubuque and that noti- fication of such approval be given to the Board of Supervisors of Du- buque County, Iowa. Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the Board of Supervisors to be notified of the action of the City Adjourned Regular Session, September -rd, 194() Council. Seconded by Councilman Thompson, Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. September 3, 1946 supra. Said building can be erected and bonds issued therefor when electors of the City give their ap- proval at an election at which the question is submitted. When the Proposition carries by a majority vote of the electors voting at such election and within 60 days there- after, all of the service organiza- Honorable Mayor and City tions must meet and appoint dele- Couneil, Dubuque, Iowa gates who shall, within 90 clays Gentlemen: The question sub- after election, meet. in conference mitted to me is as follows: and by a ballot select five com- missioners whose names shall be forthwith furnished to the City Council who sha}1 appoint them as such commissioners; said Commis- sioners shall have supervision of the erection of the said building, and, when said building is erected. the management and control there- of. Before an election can be held a Petition must be filed in accord- ance with the provisions of this chapter. A tax is authorized for the development, expansion and con- tinuation of the building. Such memorial building can be located in any public park and upon any other suitable site. From a careful examination of the statute referred to and a num- ber of cases, including some sub- mitted to me, I am of the opinion that the statute is limited to the erection of a building and does not contemplate the inclusion of out door recreation facilities to be used in conjunction therewith. Yours truly, JOHN J. KINTZINGER City Solicitor "Is a public facility comprising a stadium and field house includ- ing a further facility in compliance with Sec. 500 of the 1939 Code of Iowa a memorial building in com- pliance with Chapter 33 of the 1939 Code of Iowa?" Chapter 33 of the 1939 Code of Iowa (now Chapter 37 of the 1946 Code) is entitled "Memorial Halls and Monuments for Soldiers, Sailors and Marines." Section 500 of the 1939 Code (now Sec. 37.18 of the 1946 Code) provides as follows: 1137.18 Name—Uses. Any such memorial hall or building shall be given an appropriate naive and shall be available so far as practi- cal for the following purposes: 1. The special accommodations of soldiers, sailors, marines, nurses and other persons who have been in the military or naval service of the United States. 2. For military headquarters, memorial rooms, library, assembly hall, gymnasium, natatorium, club room and rest room. Councilman Thompson moved 3. County, town or city hall, of- that the opinion of City Solicitor fices for any county or municipal Kintzinger be made a matter of purpose, community house, recrea- record. Seconded by Councilman tion center, memorial hospital, and Murphy. Carried by the following municipal coliseum or auditorium. vote: 4. Similar and appropriate Pur- Yeas—Mayor Wharton, Council - poses in general community and men Moffatt, Murphy, Thompson, neighborhood uses, under the con- Van Duelman. trol and regulation of the custod- Nays—None. ians thereof." August 17, 1946 Chapter 37 supra contains numer- To the Honorable Mayor and ous sections providing, among oth- City Council, Dubuque, Iowa ers, that the building shall be Gentlemen: With reference to at - erected in cornmemotation of sol- tached petition of Leo Marihart et diers, sailors, marines, nurses and al the Planning & Zoning, Commis - other persons who have been in the sion viewed the site and decided military or naval service of the that a Local Business District at United States; that the building Sheridan and Groveland Streets in - should be available so far as Prac- cluding the two lots No. 106 and tical as set Porth in Sec. 37.18 No. 107 in Burden and Lawther Ad- 286 Adjotir ied Regular Session, September 3rd, 1946 clition but somewhat larger, adding lots to the westward No. 108, No. 109 and No. 110 was in order. Therefore, the Planning and Zon- ing Commission respectfully recom- mends to your honorable body the creation of a Local Business Dis- trict at the corner of Sheridan and Groveland Streets made up of lots No. 106, No. 107, No. 108, No. 109 and No. 110. Yours truly, The Dubuque Planning and Zoning Commission By Richard V. McKay Secretary Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commisison be approved and the City Solicitor re- quested to prepare the proper pro- ceedings. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 19, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning and Zoning Commission ' respectfully recommends to your honorable body that all the land west of the old City Limits annexed by Reso- lution No. 35-46 of City Council adopted April 15, 1946 be zoned to Two Family Residence classifica- tion with the stipulation that area requirements for two family homes be strictly enforced and that the Board of Adjustment may in no case in the future waive the 7000 square feet area requirements to applicants who may endeavor to Place a two family house on single lot. The area included in the annexa• tion is described as follows: Beginning on the existing wesl corporation line of the City of Du. buque, Iowa in line with the north property line of Seminary Streel extended to said corporation line; thence westerly along the norther ly line of Stout Road to the north erly line of the Asbury Road thence north westerly along thi northerly line of the Asbury Roac :o the westerly line of Avalon Street extended northerly across ;aid road; thence southerly along .he westerly side of Avalon Road :o the southerly line of Hillcrest [toad; thence easterly along the southerly line of Hillcrest Road to the west line of lot 1 of lot 2 of Mineral Lot 261; thence south along the west line of Lot 1 of Lot 2 of Mineral Lot 261 and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's subdivision to the south line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; thence easterly along the southerly line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's subdivi- sion to the southerly line of the As- bury Road; thence southeasterly along the southerly line of the As- bury Road to the existing west corporation line of the City of Du- buque, Iowa, thence northerly along the said existing west cor- poration line to the point of begin- ning, all in Section 22, township 89 North, Range 2 East of the 5th Principal Meridian, being in Du- buque Township, Dubuque County, Iowa, containing 59.6 acres more or less. Yours truly, The Dubuque Planning and Zoning Commission By Richard V. McKay Secretary Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 18, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: With reference to the petition of A. Y. McDonald Mfg. Co., asking for vacation of certain streets and alley in the neighborhood of their plant for expansion purposes the Planning and Zoning Commission requests that your honorable body waive the statutory thirty day limit with- in which the Commission is requir- ed to make a recommendation to Council before the Council may act Adjourned Regular Sc::i()n, Septemher 3rd, lo4O 287 without such recommendation, in order to give the Planning and Zoning Commission more time to make a thorough study of the sit- uation. As you know, the Commission is about to engage expert advice to help solve among other matters the serious traffic problems facing the City, and one of the first studies will be that of handling the traffic from the proposed industrialized City Island. Until such study is made it will be difficult to judge the effects of the changes proposed by A. Y. McDonald Mfg. Co. Such a study will probably take more than thirty days, for this reason and in view of the objections of other property owners in that area, the Planning and Zoning Commis- sion recommends that City Council take no action until a complete re- port may be prepared by the Plan- ning and Zoning Commission. Respectfully submitted, The Dubuque Planning and Zoning Commission By Richard V. McKay Secretary Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. August 18, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Assuming that U. S. Highways 61 and 151 are re-routed as proposed and again assuming that the removal of such traffic might threaten the survival of the upper bridge operation, the Plan- ning and Zoning Commission be- lieves that it is it's duty to lay be- fore City Council the apparent con- sequences of such happenings from the general traffic standpoint, es- pecially in view of plans now un- der way to engage a City Planner to investigate and recommend means to meet traffic conditions now and in the future. Preliminary plans for the devel- opment of City Island call for a major highway from Garfield Av- enue at Farley St. south along the west boundary of City Island and connecting with all open east -west highways from 11th to 16th Sts. inclusive. This proposed highway would take considerable farm -to. market and tourist traffic off the Present north -south arteries. Move- ments to and from Dubuque Pack- ing Co, plant from South Western Wisconsin would never clutter up the present lanes if handled over a north bridge crossing, whereas, this same traffic over the four mile longer south bridge route would add to the hazards while passing through the main part of the City enroute to the Packing Co. plant. Until the proposed traffic studies progress sufficiently the Planning and Zoning Commission believes it would be in the public interest for City Council to urge the Iowa State Highway Department to de- fer at least temporarily the pro- posed changes in U. S. Highway 61 and 1.51 routing. Respectfully submitted, The Dubuque Planning and Zoning Commission By Richard V. McKay, Secretary Councilman Murphy moved that the City Clerk be directed to for- ward a copy of the communication to the Iowa State Highway Com- mission for their consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 122.46 Whereas, Baxter Manufacturing Company has filed with the City Council a Petition requesting con- sent to the removal of the loading clock on the Jackson Street side of the factory building located at 151 Ninth Street to be replaced with a concrete loading clock run- ning the full length of the build- ing i feet wide, in accordance with plans attached thereto; And, Whereas, it appears that said loading dock is located on the street; And, whereas, the City Council has viewed the grounds and is of the opinion that the request should be granted, on condition that the southeasterly corner of the dock 288 \djourned Regular Session, September 3rd, I946 — Sec. b. Should the rights and privileges herein granted be re- scinded or revoked, said Baxter Manufacturing Company, its suc- cessors and assigns, at its own expense and upon receipt of notice by registered mail, agrees, within 30 days after receipt of such notice to remove the structure herein au- thorized and to restore the street in as good condition as it was be- fore said construction. Sec. 6. This Resolution shall be- come effective and the rights here- under shall accrue to Baxter Man- ufacturing Company, its successors and assigns, when the Resolution has been passed by the City Coun- cil and accepted by said Baxter Manufacturing Company, which ac- ceptance shall be endorsed hereon. Passed, approved and adopted this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Attest: J. J. SHEA, City Clerk at Jackson and Ninth Street be rounded off so as to prevent a sharp corner. Now, Therefore Be It Resolved by the City Coun- cil of the City of Dubuque: Sec. 1. That Baxter Manufactur- ig Company, its successors and as- signs be, and it is hereby granted the right and authority to place a new concrete loading dock on the Jackson Street side of the building located on the northeast corner of Jackson and Ninth Street accord- ing to plans and specifications now on file in the office of the City Clerk, except that the southeaster- ly corner' of the dock at Jackson and East Ninth Street be rounded off so as to prevent a sharp corner at said point. Sec. 2. That such construction is to be done under the direction and supervision of the Building In- spector and City Manager, and un- der any rules and regulations they may prescribe. Sec. 3. That the right to place and maintain said new entrance shall be subject to the continuous control of the City Council, reserv- ing the right to said City Council to impose restrictions and condi- tions upon the enjoyment thereof as may be reasonably necessary for the protection of the public inter- ests, including the right to revoke and rescind the grant hereby made, if at any time the public interests should so require. Sec. 4. As a further considera- tion of the rights and privileges herein granted, said Baxter Manu- facturing Company, its successors and assigns, assume any liability for damages to persons or property which may result from the con- struction and/or maintenance of said new loading dock and said Baxter Manufacturing Company, its successors and assigns, at its own expense agrees to defend any and all claims or actions which may be made or brought against the City because of the construction and/or maintenance of such loading dock, and should the City be required to pay any sum as damages, said Bax- ter Manufacturing Company, its successors and assigns, agree to fully reimburse the City therefor and to hold said City harmless from any damages. Acceptance of Resolution No. 122-46 The Baxter Manufacturing Com- pany, having full knowledge and understanding of all the terms and conditions of Resolution No. 122-46 hereby accepts the same as adopt- ed and agrees to comply with all the terms and conditions thereof. Signed this 9th day of September, 1946. BAXTER MANUFACTURING CO. By Frank R. Beddow, Jr. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 123-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette Adjourned Regular Session, September 3rd, 194() 289 papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Louis Bournias and Rhea Bourn- ias, 2284 University Avenue. Harold Cosley and William W. Cosley, 1121 University Avenue. Martin Meyer and Vernon Meyer, 530 East 22nd Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, 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 Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 124-46 Whereas, applications for 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address William Hochberger, 1701 Asbury Street. Harry V. Grode and Viola Grode, 1638 Central Avenue. George A. Nardin and Bessie Nar- din, 1255 Central Avenue. Thomas F. McDonough and Ruth McDonough, 1052 University Av- enue. Class "B" Permit for Private Club The Oasis Club, 998 Central Av- enue. Dubuque Lodge No. 355, Loyal Order of Moose, 1379 Central Av- enue. Class "C" Permit Tenenbom Super Market, Inc.. 630 Locust Street. Passed, adopted and approved this 3rd day of September. 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 125.46 Whereu,, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Mana- ger be and he is hereby directed to issue to the following named ap- plicants a Beer Permit. Class "B" Permit Name Address William Hochberger, 1701 Asbury Street. Harry V. Grode and Viola Grode, 1638 Central Avenue. George A. Nardin and Bessie Nar- din, 1255 Central Avenue. Thomas F. McDonough and Ruth McDonough, 1052 University Av- enue. Class "B" Permit for Private Club The Oasis Club, 998 Central Av- enue. Dubuque Lodge No. 355, Loyal Order of Moose, 1379 Central Av- enue. Class "C" Permit Tenenbom Super Market, Inc., 630 Locust Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. 290 ;\dj(,urnc(1 Regular Session, September 3rd, 1946 Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec. onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 126.46 Whereas, on the 3rd day of June, 1946, this Council passed a Resolu. tion authorizing the City Manager to acquire the Southerly 25 feet of Lot 30 of Ann O'Hare's Subdivision now described as (1) for $1,000.00; And, Whereas, the said City Manager attempted to acquire said property for said sum but the own- er thereof refused to sell the prop- erty for $1,000.00 but offered to sell the same to the City for $1,250.00 and furnish a plat and certificate of title thereto; And, Whereas, it is necessary to secure said property for the widening of West Third Street from North Grandview Avenue to Algona Street; And, Whereas, $1,000.00 was ap- propriated for the purchase of said property and the same is insuffi- cient; $250.00 adidtional being re- quired. Now, Therefore: Be It Resolved by the City Coun- cil of the City of Dubuque: That an additional $250.00 be, and the same is hereby appropriat- ed for the purpose of raising ing $1250.00 for the purpose of pur- chasing Lot Two (2) of the Sub- division of Lot Two (2) of the Sub- division of Lot Thirty (30) in O'Hare's Subdivision of the south part of Mineral Lot One Hundred Sixty One (161) in the City of Du- buque, Iowa, according to the re- corded plats thereof; and the City Manager is hereby authorized to pay Caroline W. Kearney $1,250.00 upon delivery to the City of Du- buque a Warranty Deed conveying the above described property, a plat thereof and a certificate from an Abstractor showing there the title thereto, no liens against said property and it is in the name of Caroline W. Kearney. Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy, Car. ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 127-46 Be It Resolved by the City Coun- cil of the City of Dubuque: That the proposed plans and specifications for the reconstruc- tion of the sidewalk abutting the north side of the building located on the North 64 feet 3 inches of Lot 73 in the Original Town of Du- buque, said property being owned by William F. Cooper and Kathryn J. Cooper be, and the same are hereby approved and ordered filed in the office of the City Clerk. Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen .Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thomposn, Van Duelman. Nays—None. •y k Adjourned Regular Session, Septeiuher 3rd, 1946 .X91 Resolution No. 128-46 Whereas, Ordinance No. 194 passed and adopted May 2, 1928 provides: "That the City Council may order by the adoption of a Resolution the construction, reconstruction and repair of permanent side- walks upon any street, highway, avenue, public ground, wharf or landing. When sidewalks are ordered constructed, reconstruct- ed or repaired a contract there- fore shall be entered into by the City and the work shall be done according to general plans and specifications prepared therefor. After the contract has been com- pleted the cost shall be assessed to the lots or parcels of real estate before which such side- walks have been constructed, re- constructed or repaired and shall be collected as a special tax in the manner provided by law." And, Whereas, it is deemed nec- essary and advisable by the City Council of the City of Dubuque that a permanent sidewalk be re- constructed adjoining and abutting the North side of the building lo- cated on the North 64 feet 3 inches of Lot 73 in the Original Town of Dubuque, being on the Southwest corner of Third and Main Streets, and general plans and specifica- tions therefor have been duly pre. pared by the City Engineer and approved by the City Council, the cost and expense thereof to be assessed against the real estate hereinbefore described as provided by law. Now, Therefore: Be It Resolved by the City Coun- cil of the City of Dubuque: That a permanent sidewalk be, and the same is hereby ordered re- constructed, constructed, laid and put in place according to general plans and specifications heretofore prepared therefor on the North or Third Street side of the building' located on the North 64 feet 3 inches of Lot 73 in the Original Town of Dubuque, being the South- west Corner of Third and Main Streets in the City of Dubuque. The owners thereof are William F. Cooper and Kathryn J. Cooper. Be it further Resolved that No. tice be served on the above named property owners advising them of the adoption of this Resolution, and attaching to said Notice a copy hereof and giving them ten days from the date of service of such notice in which to construct said sidewalk themselves, in the event they desire so to do. Be it further Resolved that in the event of the failure of the property owners to reconstruct said side- walk within the time above pro- vided, that the City Clerk be, and he is hereby directed to publish a Notice of the intention of the Coun- cil to reconstruct (construct) said sidewalk in the official newspaper of the City of Dubuque, stating therein the description of the par- cel of real estate before which the same is to be reconstructed, the names of the owners and the width of the sidewalk. Be it further Resolved that said City Clerk be, and he is hereby di- rected to advertise for bids for the reconstruction (construction) of said sidewalk, notice thereof to be given by two publications in the official newspaper of the City of Dubuque, the first of which shall be not less than 15 clays before the date of receiving bids, which no. tice shall state the location of the proposed sidewalk, when the work shall be done, the terms of pay- ment, the time when bids will be acted upon and refer the contrac- tor to plans and specifications as to the manner of construction and materials to be used. Be it further Resolved that said sidewalk shall be fully completed on or before the 15th day of No- vember, 1946. Be it further Resolved that upon the completion of said sidewalk the cost thereof shall be assessed aaginst the parcel of real estate along which said sidewalk is laid and the contractor shall be paid in cash in form and manner provided by law and Ordinances of the City of Dubuque. Be it further Resolved that a contract will be awarded to the lowest bidder reserving, however, to the City Council the right to re- ject any and all bids and readver- tise for bids if necessary. 292 Adjourned Regular Session, September 3rd, 1946 Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY. W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—Noffe. Resolution No. 129-46 Be It resolved by the City Coun- cil of the City of Dubuque: That the proposed plans and specifications for the reconstruc- tion of the sidewalk abutting the west side of the West 170 feet of Lot 284 of Davis Farm Addition to the City of Dubuque, said property being owned by Agatha Mihm be, and the same are hereby approved and ordered filed in the office of the City Clerk. Passed, adopted and approved this 3rd clay of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by •the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 130.46 Whereas, Ordinance No. 194 passed and adopted May 2, 1928 Provides: "That the City Council may order by the adoption of a Resolution the construction, reconstruction and repair of permanent side- walks upon any street, highway, avenue, public ground, wharf or landing. When sidewalks are -or- dered constructed, reconstructed or repaired a contract therefore shall be entered into by the City and the work shall be done ac- cording to general plans and specifications prepared therefor. After the contract has been com- pleted the cost shall be assessed to the lots or parcels of real es- tate before which such sidewalks have been constructed, recon- structed or repaired and shall be collected as a special tax in the manner provided by law." And, Whereas, it is deemed neces- sary and advisable by the City Council of the City of Dubuque that a permanent sidewalk be recon- structed adjoining and abutting the west side of the West 170 feet of Lot 284 of Davis Farm Addition to the City of Dubuque, and general plans and specifications therefor have been duly prepared by the City Engineer and approved by the City Council, the cost and expense there- of to be assessed against the real estate hereinbefore described as provided by law. Now, Therefore: Be It Resolved by the City Coun- cil of the City of Dubuque: That a permanent sidewalk be, and the same is hereby ordered re- constructed, constructed, laid and put in place according to general plans and specifications heretofore Prepared therefor on the West or Central Avenue side of the West 170 feet of Lot 284 of Davis Farm Addition to the City of Dubuque. The owner thereof is Agatha Mihm, 1634 Woodland Avenue, Apartment 6, Des Moines, Iowa. Be It Further Resolved that No. tice be served on the above named property owner advising her of the adoption of this Resolution, and attaching to said Notice a copy hereof and giving her ten days from the date of service of such notice in which to construct said sidewalk herself, in the event she desires so to do. Be It Further Resolved that in the event of the failure of the property owner to reconstruct said sidewalk within the time above provided, that the City Clerk be, and he is hereby directed to pub- lish a Notice of the intention of the Council to reconstruct (construct) Adjourned Regular Session, Septeml)er ,;rd, 1946 03 said sidewalk in the official news- I P paper of the City of Dubuque, stat- ing therein the description of the parcel of real estate before which c the same is to be reconstructed, the t name of the owner and the width t of the sidewalk. Be It Further Resolved that said City Clerk be, and he is hereby di- rected to advertise for bids for l the reconstruction (construction) of said sidewalk, notice thereof to be given by two publications in the official newspaper of the City of Dubuque, the first of which shall be not less than 15 days before the date of receiving bids, which notice shall state the location of the pro- posed sidewalk, when the work shall be done, the terms of payment, the time when bids will be acted upon and refer the contractor to plans and specifications as to the manner of construction and mater- ials to be used. Be It Further Resolved that said sidewalk shall be fully completed on or before the 15th day of Novem- ber, 1946. Be It Further Resolved that upon the completion of said sidewalk the cost thereof shall be assessed against the parcel of real estate along which said sidewalk is laid and the contractor shall be paid in cash in form and manner provided by law and ordinances of the City of Dubuque. Be It Further Resolved that a contract will be awarded to the lowest bidder, reserving, however, to the City Council the right to re- ject any and all bids and readver- Use for bids if necessary. Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. See ended by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. rellmiUs ary Approval of Plans etc. Resolution No. 131.46 Be It Resolved by the City Couu- il of the City of Dubuque, Iowa, hat the proposed plans, specifica- ions, form of contract and all oth- er documents for the construction of the Kaufman Avenue Sanitary Trunk Sewer from the present man - ole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufman Avenue to the old City Water Works, thence south- erly in the valley west of Clarke College to the north property line of Lot 72 of Finley's addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center line of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St, Ambrose Sheet and Hazel Street, thence west to a point fifteen feet east of the old corporation line, thence south to the intersection of Semin- ary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of Asbury Road and Hillcrest Road, are hereby approved and ordered placed on file in the office of the City Clerk for public inspection, presented and read. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (NECESSITY for IMPROVEMENT) Resolution No. 133-46 Whereas, proposed plans, speci- fications, foam of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The size and kind of sewers. 3. All estimate of the cost of the proposed improvement, stating the same for each different type of 294 Adjot riled Regular Session. September 3rd, 1946 construction and kind of material to be used for the construction of the Kaufmann Avenue Sanitary Trunk Sewer from the present man- hole at the south property line of 16th Street and White Street to the intersection of 22nd Sreet and White Street, thence westerly along Kaufmann Avenue to the old City Water ,Works, thence souther- ly in the valley west of Clarke Col- lege to the north property line of Lot 72 pf Finley's Addition, thence south alongla line five feet east of `t p 0, .it line of Lot 72 o in ey's didtian to the center of the alley north of Hazel Street, thence west to the intersection of said alley and at. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corpora- tion line, thence south to the inter- section of Seminary Street, thence westerly along Stout Road and As- bury Road to a manhole at the in- tersection of Asbury Road and Hill- crest Road. Estimated cost $99,- 740.55, Be It Therefore resolved that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed esti- mate, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex. pense of making said improvement will be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro. duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved that the resolution be approved and ordered placed on file with the City Clerk for final action. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (FIXING DATE OF HEARING) Resolution No. 133-46 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 131-46 given its prelim- inary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of the Kaufmann Avenue Sani- tary Trunk Sewer from the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water Works, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corpora- tion line, thence south to the inter- section of Seminary Street, thence westerly along Stout Road and As- bury Road to a manhole at the intersection of Asbury Road and Hillcrest Road. Estimated cost $99,- 740.55. Whereas, the proposed Resolu- tion of Necessity for said improve- Adjourned Regular ",ession, September 3rd, 1946 295 meat has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 7th day of October 1946, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber ,in the City of Dubuque at which time the owners of property may appear and make objection to the proposed plans and specifica- tions and proposed form of con. tract and at the same'time to the boundaries of the proposed district, to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper pub- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed estimate they shall have been deem. ed to have waived all objections thereto, at which hearing the Coun- cil will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R'MURPHY W. W. MOFFATT, 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 Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Murphy moved to ad. journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. ApprovedT -1947 Adopted.. - 7 Councilmen Attest: Rcular Session; October 7th, 1946 297 City Council (Official) Regular Session, October 7th, 1946. Council met at 7:30 P.M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Mayor Wharton 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. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans, specifi- cations, form of contract and cost of improvement for the construc- tion of the Kaufmann Avenue San- itary Trunk Sewer from the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water Works, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the West property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street; and Hazel Street, thence west to a point fif- teen feet east of the old corpora- tion line, thence south to the in- tersection of Seminary Street, thence westerly along Stout Road and Asbury Road to a manhole at toe intersection of Asbury Road and Hillcrest Road. Estimated cost $99,740.55 presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of Publication; Certified to ,y the Publishers, of notice of pub- ic hearing upon the Notice of Pen- iency of Resolution of Necessity L public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the construc- tion of the Kaufmann Avenue Sani. tary Trunk Sewer from the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water Works, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corporation line, thence south to the intersec- tion of Seminary Street, thence westerly along Stout Road and As- bury Road to a manhole at the in- tersection of Asbury Road and Hill- crest Road. Estimated cost $99,- 740.55 presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) Resolution No. 134-46 Whereas, proposed plans and specifications and form of contract for the construction of the Kauf- mann Avenue Sanitary Trunk Sew- er from the present manhole at the south property line of 16th street and White Street to the intersec- tion of 22nd Street and White Street, thence westerly along Kauf. 298 Regular Session, October 7th, 1946 mann Avenue to the old City ter Works, thence southerly in the ley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corporation line, thence south to the intersec- tion of Seminary Street, thence westerly along Stout Road and As- bury Road to a manhole at the in- tersection of Asbury Road and Hill- crest Road, Estimated cost $99,- 740.55. have been approved by the City Council of the City of Du-. buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1927, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speci- fications or Contract for or cost of such improvements, said time being this 7th day of October, 1946; and Whereas, the City Council met in regular session this 7th day of Oc- tober, 1946, at 7:30 o'clock p. m. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and Passed, adopted and approved this 7th day of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Counclimen Whereas, all interested parties have been given an opportunity to be heard and no objections have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon plans, specifi- cations and form of contract for or cost of said improvements be made a matter of permanent record in connection with said improvement. Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, (Necessity for Improvement) Resolution No. 132-46 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used for the construction of the Kaufmann Avenue Sanitary Trunk Sewer from the present man- hole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water Works, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St, Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corpora- Regular Session, October 7th, 1940 . Z')(_) tion line, thence south to the inter- section of Seminary Street, thence westerly along Stout Road and As. bury Road to a manhole at the inter- section of Asbury Road and Hill- crest Road. Estimated cost $99,- 740.55. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of proposed estimate they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said Improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. by the City Council this 7th day of October, 1946, ALBERT WHARTON, Mayor FRANK VAN DUELMAN; F. W. THOMPSON GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of September, 1946. .Approved and placed on file for final action. The foreging resolution was final- ly passed and adopted, as proposed, Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Mbffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (Ordering Construction) Resolution No. 135-46 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 132-46 which was duly passed by this Council, for the construction of the Kaufmann Avenue Sanitary Trunk Sewer from the present man- hole at the south property line of 16th Street and White Street to the Intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Waterworks, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, therwe south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corpora- tion line, thence south to the in- tersection of Seminary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of Asbury Road and I-Iillerest Road. Estimated cost $99,740.55, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications 300 Regular Session, October 7th, 1946 heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed within 175 calendar days after date of con- tract. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 7th day of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Lieutenant Fred Wallis of the U. S. Navy addressed the Council renewing the plea of the Navy for the lease of waterworks property in the vicinity of the municipal swimming pool on which to erect a naval reserve armory. Councilman Murphy moved that the request be referred to the City Council to view' the grounds and submit a report of their investiga- tion. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of St. Clara College, Sinsinawa, Wisconsin, by O'Connor, Thomas and O'Connor, Its Attor- neys, requesting the extension of Platt Street in a general eastward- ly direction to Lot 19 of Out Lot 724 and extend the same further to meet Cardiff Street as extended, as shown on preliminary plat at- tached, presented and read. Attorney Francis O'Connor ad- dressed the Council in support of the petition of St. Clara College, Sinsinawa, Wisconsin. Councilman Thompson moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Carl V. Riley asking Council consideration, that in the event the petition of St. Clara Col- lege; Sinsinawa, Wisconsin, is ap- proved, that a small portion of the northeast corner of Platt Street be vacated to him, presented and read. Councilman Thompson moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Carl Scheufle request- ing that sewer connections be made on Esther and Theresa Streets to Regular Session, October 7th, 1446 .ill] accomodate new homes now under construction, presented and read. Councilman Moffatt moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Donald A. Callahan requesting the City Council to take such steps as are necessary to di- vert the flow of the surface water on Cummins Street so as to cause this water to flow into the storm sewer or into the gutters on Loras Boulevard to relieve his property from the ever present menace of surface water, presented and read. Attorney Robert Czizek address- ed the Council in support of the petition of Donald A. Callahan. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. for their recommendation and re- port. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Peter H. Mc- Carthy stating that the matter of ownership of Washington Park should be settled at once by the County giving to the City by Quit Claim Deed the property known as Washington Park, presented and read. Mr. Peter H. McCarthy addressed the Council in support of his com- munication. Councilman Murphy moved that the communication be referred to the Council for consideration. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of W. J. McFar- lane submitting offer in the amount of $100.00 for the purchase of the City owned irregular shaped prop- erty which lies between Lot 18 Mills Subdivision and North Al- gona Street, presented and read. Councilman Murphy moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Crystal Bottling Works requesting the re -zoning of Lots 38 and 39 of Linehan Park Addition on the North side of Dia- mond Street presently zoned as multiple dwellings in order that they may erect a new beverage plant, presented and read. Councilman Thompson moved that the petition be referred to the Planning and Zoning Commission Notice of Claim of Mrs. Minnie Hamilton in an unstated amount for damages to her car caused by a falling limb of a tree in front of 1250-1252 Washington Street, pre- sented and read. Councilman Thompson moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Elroy H. Gras - horn, Secretary of Trades and La- bor Congress thanking Council for their participation in the Labor Day Parade, presented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of A. C. Kauf- mann submitting offer in the amount of $1,550.00 for the pur- chase of the property located on Garfield Avenue, between Dock and 302 Regular Session, October 7th, 1946 Marshall Streets, known as Part of McCraney's 1st. Addition Lots 2, 3, 4, 5, 6, 7 and 8, presented and read. Councilman Moffatt moved that the communication be referred to the City Council. Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communications of the Dubuque Stone Products Company and the Gateway City Transfer Co., Inc. calling the attention of the City Council to the fact that there is a section of the B Branch Sewer, ap- proximately 50 feet long and 20 feet wide, where it passes through their property at the corner of Garfield Avenue and Pine Street, that has never been capped and asking that the City Manager be instructed to have this section of the B Branch Sewer capped at once, presented and read. Councilman Moffatt moved that the City Manager be instructed to prepare plans and specifications for the capping of said B Branch Sewer upon receipt of an Easement by the City of Dubuque from the Dubuque Stone Products Company and the Gateway City Transfer Company, Inc. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Coin mutiication of Cecil L. Cripe submitting application for the posi- tion of Maintenance Engineer of the Dubuque Airport, now in the process of completion, and also the job of managing the City property and farm adjoining and stating that he is a disabled Veteran of World War 1, presented and read. Councilman Murphy moved that the communication be received and placed on file for consideration. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Western Construction & Supply Co. relative to the installation of parking meters in the City of Dubuque, presented and read. Councilman Murphy moved that the communication be referred to the City Council. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. September 6, 1946 Mr. J. J. Shea, City Clerk, Dubuque, Iowa Dear Sir: Receipt is acknowledg- ed of your letter of September 5th transmitting copy of letter of Au- gust 18th by the Dubuque Planning and Zoning Commission, suggest- ing that the City Council of Du- buque urge "the Iowa State High- way Department to defer at least temporarily the proposed change in U. S. Highway 61 and 151 rout. Ing." These letters will be called to the attention of the State Highway Commission at its next meeting. In the meantime I can assure you that there will be no hasty action taken by the State Highway Com- mission with respect to the rerout- ing of U. S. Roads 61 and 151 through the City of Dubuque. Yours very truly, F. R. WHITE, Chief Engineer Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas— Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Pioneer Intermountain Syndicate requesting Council to study the enclosed ex. hibit of the Pioneer Intermountain Airways (System) and asking for comments and suggestions concern- ing same as it sheds new light on Commercial Aviation, presented and read. Councilman Murphy moved that the communication be referred to the City Manager for his recom. Regular Session, October 7th, 1940 yO,i mendation. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Iowa State Association of Assessors advising that the Annual School of Instruc. tion and meeting will be held at Des Moines, Iowa on October 14th and 15th, presented and read. Councilman Thompson moved that City Assessor Hanover be au- thorized to attend this meeting one half of the expenses to be paid by the City of Dubuque. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Dubuque Navy Mothers' Club, No. 44 requesting premission to hold a tag day on October 26th, 1946, presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Petition of Thomas J. Fleisch- man et al, residents of Roosevelt Street, requesting an additional street light to be installed near the center of the 241111 block on Roosevelt Street, presented and read. Councilman Van Dueluran moved that the petition he referred to the Council to view the, grounds. Sca•- onded by Councilman Moffcut. Car- ried by the following votr : Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Petition of The American Legion Auxiliary requesting permission for the holding of a tag day on Saturday, May 24th, 1947, present- ed and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Walter H. Sulu' re- questing that a street light be in. stalled as near as possible to the property at 2.4.25 Roosevelt Street, presented and read. Councilman Van Duelman moved that the -petition be referred to the Council to view the grounds. Sec. Petition of J. J. Duggan et al pro- testing the noise and odor that is taking place at the auto body and paint spraying shop at Loible's Body Service, 2454 Central Avenue. presented and read. Councilman Murphy moved that the petition be referred to the Board of Health to view the grounds. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson. Van Duelman. Nays --None. Petition of W. A. Young et al re- questing that the alley east of Sun' - mitt Street and between West 3rd Street and Fenelon Place be re- paired and placed in a passable con- dition, presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas --Mayor Wharton,npson. men Moffatt, Murphy, Van Duelman. Nays—Notre. Petition of Charlotte M. Offer - mann requesting that an ordinance be adopted vacating that Portion of North Booth Street not now used as a street and ethat a r'Louncl n he adopted by City thorizing and directing the Mayor • anq Clerk to execute a quit claim deed covering the abandoned Por- 304 Regular Session, October 7th, 1946 tions of said Booth Street as orig- inally platted and said title to run to the adjoining owners, or in any event, a deed to the undersigned covering Lot 2 in said North Booth Street Sub., presented and read. Councilman Moffatt moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Mayor Wharton. Car- ried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of John A. Cunningham requesting that the matter of taxes on the Julien Dubuque Bridge be referred to the City Attorney with power to take such legal steps as may be required, if, in his judg- ment, the said bridge is subject to taxation and that he be authorized to take such legal action as may be necessary to collect any taxes that may be due and owing the City of Dubuque, Iowa by the said Julien Dubuque Bridge, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for action. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Petition of Win. J. Nesler re- questing that the area shown in red on the attached blue print be vacat- ed in order that the size of the store building on the 17th Street side of the building at West 17th Street and West Locust Street be increased, presented and read. Councilman Murphy moved that the petition be referred to the Planning and Zoning Commisison for their recommendation and re. Port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Herman Wirzbach et al requesting •that the alley ad- joining Lots 67, 68, 69, 70, 71, 72 and 73 in Burden and Lawther Addition be vacated, presented and read. Councilman Murphy moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayo• Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Varner Well Drilling Co. Inc., requesting the vacation of the alley which extends easterly from Adams Street to the wester- ly line of Lot 16 of Industrial Sub- division No. 2 thence northerly along the westerly line of Lot 16 to East Sixth Street and that said vacated alley be conveyed to the Varner Well Drilling Co. Inc., pre- sented and read. Councilman Van Duelman moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mrs. Agnes Clancy re- questing a refund on the unexpired Portion of her Cigarette Permit No. 93 as she has discontinued business on September 23, 1946, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $75.00 in favor of Mrs. Agnes Clancy to cov- er the amount of refund granted on the unexpired portion of her Cigarette Permit No. 93. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition iof Leonard Burke re- questing a refund on the unexpired Portion of his cigarette permit No. 75 as he has discontinued busi- ness as of September 3, 1946, pre- sented and read. Regular Session, October 7th, 1946 305 Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Leonard Bumke to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 75. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of George Pappas re- questing a refund on his Cigarette Permit No. 173 as he is discon- tinuing business on September 30, 1946, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of George Pappas to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 173. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. I", such meeting. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 33.46 An Ordinance establishing a grade on West Third Street from the east property line of North Al- gona Street to the west property line of North Grandview Avenue, said ordinance having been passed upon first reading on September 3rd, 1946 and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption, was present- ed for final adoption. Petition of Mrs. Jennie Hagger ty, referred to the City Council by the Board of Supervisors, request- ing suspension of the 1945 tax on Lot 254 Davis Farm Addition, pre- sented and read. Councilman 'Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayan Wharton, council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Black & White, Yellow & Checker Cab Co. et al owners and operators ofdTaxi- cabs stating that they to have a meeting with the Mayor and Members of City Council at their convenience to discuss taxi- cab rates and licenses in the City of Dubuque, presented and read. Councilman Murphy moved that the communication be received an the City Manager instructed to ar Ordinance No. 33-46 Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade on West Third Street from the east proper. ty line of North Algona Street to the west property line of North Grandview Avenue be hereby estab- lished and adopted as shown by the profile of said street and grade prepared by the City Engineer, be- ing profile No. 1322. Bench Mark, the south end of south-east curb re. turn of South Algona Street and Lombard Street, elevation 268.00. Said grade begins at station 0+00, which is the east property line of North Algona Street, south curb elevation 279.43, north curb elevation 280.71; thence to station 0-50, south curb elevation 282.59, north curb elevation 28andthence to* station 1+00, thence to outh curb elevations 284.95; station 1+50, north and south curb elevations 285.14; thence to station 2+00, north and south curb eleva- tifons 283.45; thence to station 2+50, north and south curb eleva- tions 279.89; thence to station 5+00, north and south curb eleva- tions 257.39; thence to station 5+50, north and south curb ele- vations 253.43; thence to station 6+00, north andsouth tour aele- vations 250.56; tion 6+50, north and south curb ele- vations 248.77; thence to station 7-{-00, north and south curb ele- vations 248.07; thence to station 7+50, north and south curb ele- 306 Regular Session, October 7th, 1946 vations 248.41; thence to station 8+00, north and south curb ele- vations 249.91; thence to station 8+50, north and south curb ele- vations 252.45; thence to station 9+00, north and south curb ele- vations 256.09; thence to station 12+42.7, north and south curb ele- vations 284.75; thence to station 12+92.7, north and south curb ele- vations 288.14; thence to station 13+42.7 which is the west prop- erty line of North Grandview Av- enue, south curb elevation 290.07, north curb elevation 290.63. Section II. This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and its publica- tion as required by law. Passed upon first reading Septem- ber 3rd, 1946. Passed, adopted, and approved October 7th, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest J. J. SHEA, City Clerk Published officially in The Tele- graph -Herald newspaper this 10th clay of October, 1946. J. J. SHEA City Clerk Councilman Van Duelman moved the adoption of the ordinance. Sec. onged by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 34.46 An Ordinance establishing a grade on Dunleith Street from the west property line of Southern Av- enue to a point 390 feet west of the west property line of Southern Av- enue, said ordinance having been Passed upon first reading on Sep- tember 3rd, 1946 and ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final adoption, was pre- sented for final adoption. Ordinance No. 34-46 Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade on Dun- leith Street from the west property line of Southern Avenue to a point 390 feet west of the west property line of Southern Avenue be hereby established and adopted as shown by the profile of said street and grade prepared by the City En- gineer, being profile No. 1323. Bench Mark, a railroad spike in telephone pole No. 207-973K at the southeast corner of Grandview Av- enue and Southern Avenue, eleva- tion 821.53. Said grade begins at station 0+00, which is the west property line of Southern Avenue, south curb elevation 802.75, north curb eleva- tion 803.25; thence to station 0+75, north and south curb elevations 803.76; thence to station 1+25, north and south curb elevations 804.89; thence to station 1+75, north and south curb elevations 807.26; thence to station 2+00. north and south curb elevations 808.76; thence to station 2+50, north and south curb elevations 811.32; thence to station 3+00, north and south curb elevations 813.01; thence to station 3+90, which is the west end of Dunleith Street, north south curb elevations 815.26. Section• II. This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and.its publica- tion as required by law. Passed upon first reading Sep- tember 3rd, 1946. Passed, adopted, and approved October 7th, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAD F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph -Herald newspaper this 10th day of October, 1946. J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the ordinance. Second- Regular Session, October 7th, 104x) ,;117 ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of August, 1946, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton. Council- men Moffatt, JLn•phy. 'Thompson, Van Duelman. Nays—None. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Emile Weiss, as settle. ment in full of her claim, and that said warrant be delivered to her upon receipt by the Ctiy of Dul)u(pw of a properly executed release. Seconded by Councilman Thomp- son. Carried by the following vote: Yea.s—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Council . Proceedings for the month of March, 1946, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month of March, 1946 be ap- proved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—'None. September 19, 1946 In re: Claim of Emile Weiss Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Upon investigation of the above claim I find that on or about July 8, 1946 claimant, while traveling on a sidewalk in front of 2776 Central avenue, after leaving work about midnight, fell over a pile of bricks which had been there for some time, receiving injuries to her right leg and to her mouth, requiring medical and dental care. She has made a claim of $500.00. Her actual expenses run about $75.00. She has agreed to settle for $100.00. I recommend that the claim of Emile Weiss be allowed in the sum of $100.00 and that a warrant be is- sued payable to her order for that amount, delivered to her upon de- livery to the City of a properly ex- ecuted release. Yours truly. JOHN J. KINTZINGER. City Solicitor Dubuque. Iowa October T. 1946 To the Honorable Mayor and Members of the City Council. City of Dubuque, Iowa Gentlemen: I hereby recommend for your approval the appointment Of the following named persons to serve as Clerks of Election for each precinct who shall have charge of the election register. This recommendation is submit- ted in compliance with the provi- sions of the Permanent Registra- tion Laws of the State of Iowa. First Precinct—Democratic, Mrs. Vera Ham; Republican, Mrs. Lil- lian Jones. Second Precinct — Democratic, Mrs. Margaret Kinsella; Republi- can Mrs. Geo. R. Fox. Third Precinct—Democratic, Mrs. Vera McAllister; Republican, Mrs. Pearl Hoerner. Fourth Precinct — Democratic, Mrs. Mary Hughes; Republican, Mrs. Martha Hunt. Fifth Prgcinct—Denuocrutic, Mrs. Laura Hohmann; Republican. Mrs. F. W. Trader. Sixth Precinct—Democratic, Mrs. Marie Kolfenbach; Republican, Mrs. Louise Forward. Seventh Precinct -- lkunoc•ratic, Mrs. Cecila Weber: Republican. Mrs. Cora Wolfe. Eighth Precinct I>cmocrat.ic, Mrs. Anna Weber: Republic aa. -111's- Jane Fuhrman. Ninth Precinct DenuOcrctic'• Mrs. Belle Leidinger; Republican. Mrs. Edna Widdowson. Tenth Precinct — Democratic, Mrs. Stella Ball; Republican, Mrs. Hattie Donatsc11. 08 l:egular Session, October 7th, 1946 Eleventh Precinct — Democratic, Mrs. Ida Murray; Republican, Miss Carrie Saunders. Twelfth Precinct — Democratic, Mrs. Marie Sand; Republican, Mrs. Elroy Grasshorn. Thirteenth Precinct — Democra- tic, Mrs. Freda Foell; Republican, Mrs. Marguerite Liddle. Fourteenth Precinct — Democra- tic, Mrs. Veronica Agard; Repub- lican, Mrs. Dorothy Bauer. Fifteenth Precinct — Democratic Mrs. Mathilda Manahl; Republican, Mrs. Helen Hohnecker. Respectfully submitted, J. J. Shea, Commissioner of Registration Councilman Murphy moved that the recommendation of Commis- sioner of Registration Shea be ap- proved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. September 10, 1946 To the Honorable Mayor, City Council, Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and Water Works, also a list of claims and payrolls for which war- rants were drawn during the month of August, 1946. Respectfully submitted, A. A. RHOMBERG, City Manager Wayne C. Bush, Hartford Acci- dent & Indemnity Co. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Thompson moved that the bonds be approved and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. October 7, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Mr. John E. Behlmer, the owner of Lot 167 of Finley's Add. desires that the city vacate a portion of the unused part of Avoca Street adjacent to his prop- erty and that a strip of land so vacated be sold to him. The Code of Iowa requires that vacation of streets be referred to the Planning and Zoning Commis- sion for their recommendation and report. Accordingly, I recommend that the matter of vacating a por- tion of the public street adjacent to Lot 167 of Finley's Add. be re- ferred to the Planning and Zoning Commission. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. October 7, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bond and policy and desire to have your approval on same for filing: EXCAVATION Curtis Straub Company, 1069. Main Street, Policy No. MP -46549. Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. October 7, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the September 3rd meeting the verbal request of Clifford T. Siege, 1825 Bennett Street, asking that the storm water be diverted so as not to flow over his property was referred to the council to view the grounds. The council having viewed the premises decided to establish a grade on the alley first west of Grandview Avenue from Grace Street to Bennett Street and to cause the same to be graded in or- Regular Session, Octo her.7th, '1940 . 309 (ler to divert a major share of the storm water flow forming the basis for the complaint. I recommend that the decision of the City Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman mover] that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. reasonable condition, As regards zoning the filling station is a non- conforming use in a multiple rest rience district. 1'.espectfully submitted, A. A. RHOMBERG, City Manager Mayor Wharton moved that the communication and report of City Manager Rhomberg be made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, council- men Moffatt, Murphy, Thompson, Van Duelman. October 7, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the September 3rd meeting the petition of J. A. Klauer et al requesting the council to pre- vent the use of the gas station property at the corner of West Lo- cust and Kirkwood Streets as a trailer camp was referred to the City Manager and Health Depart- ment for investigation and report. On September 25th Dr. Entring- er and I investigated the site. There were 11 trailers on the prem- ises; 1 with four occupants, 5 with two each; 3 with one occupant; 1 empty and 1 for sale. Three dogs are on the lot. These trailers are connected with electricity but not to any other utilities. Water is ob- tained from a spigot at the rear of the filling station. During the hours the station is open from 7:30 a.m. to 10:00 p.m. separate toilets for both sexes are avail- able, at night from 10:00 p.m. to 7:30 a. in. the ladies toilet is used by both sexes. Garbage is placed in one large covered container which is hauled away daily by the pro- prietor. The kitchen sink drainage of each trailer is run into a per- forated barrel buried in the earth beneath. There are no facilities for bathing or washing of clothes. The outside bell system attached to the telephone circuit might well have a cut-off switch for night use since it is not possible to respond to a telphone call when the station is closed. Wrecker truck service has operated from this station since August of this year. The premises are maintained in Nays—None. Resolution No. 136-46 Whereas, the Dubuque Planning and Zoning Commission has recom- mended to the City Council that all land west of the old City limits on the Asbury Road be zoned to "Two Family Residence" classifi- cation. And, Whereas, before the Zon- ing Map and the Zoning Ordinance of the City may be changed it is necessary that a public hearing be held; And, Whereas, the City Council deems it advisable to hold such Public hearing. Now, Therefore: Be It Resolved by the City CLun- cil of the City of Dubuque: That there should be a public hearing on the question of zoning into "Two Family Residence" classification the following describ- ed territory: lieginning on the existing we4t corporation line of the City of Dubuque, Iowa in line with the north property line of Seminary Street extended to said corpora- tion line; thence westerly along the northerly line of Stout Road to the northerly line of Asbury Road; thence north westerly along the northerly line of the Asbury Road to the westerly line of Avalon Street extenders northerly across said road: thence southerly along the west- erly side of Avalon Road to th- southerly line of Hillcrest Road; thence easterly along the south- erly line of Hillcrest Road to th9 west line of Lot 1 of Lot 2 of Mineral Lot 261; thence soutl 310 Regular Session, October 7th, 11)4(, along the west line of Lot 1 of Lot 2 of Mineral Lot 261 ani' Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision to the south line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Sub- division; thence easterly along the southerly line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision to the southerly line of the Asbury Road; thence southeasterly along the souther- ly line of the Asbury Road to the existing west corporation line of the City of Dubuque, Iowa, thence northerly along the said existing west corporation line to the point of beginning, all in Section 22, Township 89 North, Range 2 East of the 5th Principal Meridian, being in Du- buque Township, Dubuque Coun- ty, Iowa, containing 59.6 acres more or less. That the time and place for the said public hearing be, and the same is hereby fixed for 7:30 o'clock p.m., the 28th day of October, 1946, in the City Council Chamber, City Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph -Herald in the City of Dubuque, notice of such hearing, the same to be so published so as to leave at least 15 days between the day of such publication and the day fixed for said hearing, said notice shall contain, among others, the provision that any and all par• ties in interest and any and all citizens shall have an opportunity to be heard. Passed, adopted and approves this 7th day of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA. City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Resolution No. 137-46 Whereas, the Dubuque Planning and Zoning Commission has recom. mended to the City Council that the following property being in "Two Family Residence District" classification be changed to "Local Business District" classification: Lots 106, 107, 108, 109 and 110 in Burden and Lawther Addition to the City of Dubuque, Iowa And, Whei"s, before the Zoning Map and the Zoning Ordinance of the City may be changed itis nec. essary that a public hearing be held, and, Whereas, the City Council deems It advisable to hold such public hearing. Now, Theretore: Be It Resolved by the City Coun. cil of the City of Dubuque: That there should be a public hearing on the question of chang. ing from "Two Family Residence" classification to "Local Business District" classification that area described as Lots 106, 107, 108, 109 and 110 In Burden and Lawther Addition to the City of Dubuque, Iowa That the time and place for the said public hearing be, and the same is hereby fixed for 7:30 o'clock p.m., the 28th day of Octo• ber, 1946, in the City Council Chamber, City Hall, Dubuque, Iowa, that the Citv Clerk be, and he is her -by directed to cause to be pub- lished in the Telegraph -Herald in the City of Dubuque, notice of such hearing, the same to be so publish- ed so as to leave at least 15 days between the day of such publica- tion and the day fixed for said hearing, said notice shall contain. among others, the provision that any and all parties in interest and any and all citizens shall have an opportunity to be heard. Passed, adopted and approved this 7th day of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk kcgular Session, Octtther 7th, 1940 311 Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 138.46 Wheres, General Timber Ser- to vice, Inc. has filed with the City b Council of the City of Dubuque, a a Petition requesting consent to the t building of a loading dock 11 feet t 10 inches in width and 162 feet in l length in Water Street adjacent and attached to the building locat- ed on the North 225 feet of the North 300 feet of Block 7. Dubuque Harbor Co.'s Addition in accord- ance with the plans attached to said Petition; And, Whereas, it appears that said loading dock is to be located on the street; And, Whereas the City Council has viewed the grounds and is of the opinion that the request should be granted. Now, Therefore Be It Resolved by the City Coun- cil of the City of Dubuque: Sec. 1. That the General Timber Service Inc. its successors and as- signs, be, and it is hereby granted the right and authority to build a new loading dock on Water Street adjacent and attached to the build- ing located on the North 225 feet of the North 300 feet of Block 7 of Dubuque Harbor Co.'s Addition ac- cording to the plans now on file in the office of the Clerk of the City of Dubuque. Sec. 2. That such construction is to be done under the direction and supervision of the Building Inspec- tor and City Manager, and under any rules and regulations they may prescribe. Sec. 3. That the right to place and maintain said new loading dock shall be subject to the continuous control of the City Council, reserv- ing the right to said City Council to impose restrictions and condi- tions upon the enjoyment there of as may be reasonably necessary of the protection of the public inter- ests, including right to revoke and scind the grant hereby made• if any time the public interests ould so require. Sec. 4. As a further consideration the rights and privileges herein -anted, said General Timber Ser- ce, Inc., its successors and as- gns, assume any liability for dam- es to persons or property which Lay reult from the construction nd/or nwintenance of said new ading dock laud said General Tint- er Service, Inc. its successors and ssigns, at its own expense agrees o defend any and all claims or ac - ions which nwy he made or mought against the city because of the construction anil/or niainten- auce of suc•ii Inattin" dock. and should the City 1w required to pay any sum as damages. <aid Gcncr;tl Timber Service, Inc., its suet c nr and assigns, agree to fully reiut- burse the City therefor and to hold said City harmless from any dam- ages. Sec. 5. Should the rights and privileges herein granted be re- scinded or revoked, said General Timber Service, Inc.. its successors and assigns, at its own expense and upon receipt of notice by regis- tered mail, agrees, within 30 clays after receipt of such notice to re- move the structure herein authoriz- ed and to restore the street in as good condition as i�was before said construction. Sec. 6. This Resolution shall be- come effective and the rights here- under shall accrue to General Tim- ber Service, Inc., its successors and assigns, when the Resolution has been passed by the City Council and accepted by said General Tim- ber Service, Inc., which acceptance shall be endorsed hereon. Passed, approved and adopted this 7th day of October, 1946. ALBERT WHARTON. Mayor FRANK VAN I)J1E1_%1AN, F. W. THOI\11,SO N. (;]?:o. R. M1'RI'lll , W. MOF'I AT f. ('ouncihncn Attest: City Clerlc Acceptance of Resolution No. 138-46 The Gcni rat Tiluber Service, Inc., having full knowledge and under- 112Rc rular Scssi(m, October 7th, 1946 standing of all the terms and condi- tions of Resolution No. 138-46, here- by accepts the same as adopted and agrees to comply with all the terms and conditions thereof. Signed this 14 day of October, 1946. General Timber Service, Inc. By C. M. Harmon Mgr. Fab. Div. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 35-46 An Ordinance granting to the Chicago Great Western Railway Company, its successors and as- signs, the right to construct and maintain a spur track across 12th Street from one of its spur tracks to the North side of 12th Street to Lot 202 in East Dubuque Addition, in the City of Dubuque, Iowa, and providing the terms and conditions thereof, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. October 7, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I hereby certify that the work of paving Harlan Street from Windsor Avenue pavement to approximately the east property line of Sheridan Street in the City of Dubuque, Iowa, under the con- tract bearing date the seventh day of August, A.D. 1946, by and be- tween Thos. Flynn Coal Company, contractor, and said City of Du- buque, Iowa, has been fully com- pleted according to the terms, con- ditions and stipulations of said con- tract, and in every way complies with the same and with the plans and specifications for said improve- ment. I further certify that said im- provement as constructed em- braces the following materials and work: 50 ft, of 6 inch concrete roll curb @$0.50 per lineal ft ....... $ 25.00 1,429.8 Sq. Yds, of 7 inch reinforced concrete pavement @ $3.25 per sq. yd . ................................ 4,646.85 Interest at 6% for 52 days 40.65 Total Due Contractor ...... $4,712.50 That the additional cost and ex- pensejs incident to said improve- ment, and which should be includ- ed in the amount to be assessed are as follows: Printing, publishing, and inspec- tion ....................................$ 50.00 Making total cost of said improve- ment ....................................$4,762.50 Respectfully submitted, L. O. TEMPLE, City Engineer Approved: A. A. Rhomberg, City Manager The undersigned, Thos. Flynn Coal Company, contractor for above described improvement, does hereby accepi the above amount, Total Due Contractor, as full settle- ment of all claims for said improve- ment. THOS. FLYNN COAL CO. Contractor By Thos. L. Flynn Councilman Van Duelman moved that the communication be receiv- ed and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Regular Sessi;m, Octol)er 7th, 1'141; (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice) City of Dubuque, Iowa. Resolution No. 139-46 th Whereas, the contract for the ft• paving of Harlan Street from Wind- ap sor Avenue pavement to approxi- v mately the east property line of S Sheridan Street has been completed bt and the City :Manager has examin- b ed the work and filed his certifi- A tate stating that the same has been T completed according to the terms t of the contract, plans and specifi- cations and recommends its accept- c ante, now therefore, s Be It Resolved, by the City Coun- cilof the City of Dubuque, that the s recommendation of the City Man- f ager be approved and that said im- provement be and the same is here- by accepted and the City Engineer t be and he is hereby directed to pre- pare a plat and schedule showing the lots or parcels of real estate subject to assessment for said im- provement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessment therefor, as 1•equired by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Improvement bonds is- sued upon the above described im- provement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 7th day of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton,Thompson, Council- men Moffatt, Murphy, Van Duelman. Nays—None. October 7, 1946 ro the Honorable Mayor and "ity Council, Dubuque, Iowa 3entlemen: I hereby certify that e work of paving Euclid Street om Windsor Avenue pavement to proximately twenty-two (22) feet est of the east property line of heridan Street in the City of Du- que, Iowa, under the contract Baring date the seventh day of ugust, A. D. 1946, by and between hos. Flynn Coal Company, con- racto�, and said City of Dubuque, owa, has been fully completed ac- ording to the terms, conditions and tipulations of said contract, and n every way complies with the ame and with the plans and speci- ications for said improvement. I further certify that said im- provement as constucted embraces he following :materials and work: 50,0 ft. of 6 -inch concrete roll curb at $0.50 per lineal ft. ...$ 25.00 1,494.3 sq. yds of 7 -inch reinforced concrete pavement at $3.25 per sq. yd . ................................ 4856.43 Interest at 6% for 52 days.. 42.47 Total Due Contractor „_ $4,923.95 That the additional cost and ex- penses incident to said improve- ment, and which should be includ- ed in the amount to be assessed are as follows: Printing, publishing, and inspec- tion 1. $ 50.00 Making 'rutai ('us; of >aid improve- ment....$4,973.95 .................... . Respectfully submitted, L. O. TEMPLE, City Engineer Approved: A. A. Rhomberg, City Manager The undersigned, Thos. Flynn Coal Company, contractor for above described improvement, does hereby accept the above amount, Total Due Contractor, as full settle- ment of all claims for said improve- ment. THOS. FLYNN COAL CO. Contractor By Thos. L. Flynn Souncilman Van Duelman moved that the communication be receiv- ed and made a matter of record. Seconded by Councilman Carried by thefollowing vote: Yeas—Mayor Wharton, men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. 314 Rcgtilar Session, October 7th, 1946 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice) City of Dubuque, Iowa. Resolution No. 140.46 Whereas, the contract for the paving of Euclid Street from Wind- sor Avenue pavement to approxi- mately twenty-two (22) feet west of the east property line of Sheri - (tan Street has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the ofice of the City Clerk sub- ject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the no- tice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Improvement bonds is- sued upon the above described im- provement in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 7th day of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson, Van Duelman. Nays—None. Resolution No. 141.46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the Provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street. William L. Johanningmeier, 1879 Central Avenue. Herman C. Tshirgi, 2311 Wind- sor Avenue. Louis A. Wright and Raymond P. Wright, 1828 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 7th day of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN. F. W. THOMPSON, GEO. R. MURPHY. W. W. MOFFATT, Councilmen Attest: J. J. SHEA, •City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Carired by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None Resolution No. 142-46 Whereas, applications for 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City, Regular Session, October 7th, 1946 31 Class "B" Permit ply with the ordinances of this City Name Address and they have filed a proper bond: Phillip Mihalakis, 798 East 16th Now, Therefore, street. Be It Resolved by the Council Alfred E. Hedley and Lillian of the City of Dubuque that the Hedley, 579 Eighth Avenue. Manager be and lie is hereby direct- John M. Baumgartner and John ed to issue to the following named J. Baumgartner, 1543 Central Av- applicants a Beer Permit. enue. Class "B" Permit Clarence J. Bowen and Robert L. Nance Address Hanson, 1590 Elm Street. John Al. Bavuigarhter and .John Joseph L. Wingert, 678 Central J. Buunigartner, 1543 Central Av- Avenue. enue. Eugene P. McCann, 802 Iowa Clarence J. Bowen and Robert L. Street. Hanson. 1590 Elm Street. Joseph A. Kramer and Louis P. Joseph L. Wingert. 67S Central O'Connor, 55 East 7th Street. Avenue. John Grutz and Clara Grutz, 2991 Eugene P. AleCann, '02 Iowa Central Avenue. Sheet. John A. Armstrong and Harriett Joseph A. Kroner and Louis 1'. M. Armstrong, 398 Main Street. O'Connor. 55 East 7th Street. Class "B" Permit for Private Club John Grutz and Clara Grutz, 2991 Hawkeye Club of Dubuque, Iowa, (ventral venue. 1348 Central venue. John A. :\rnistrong and Harriett Union League Club, 400 Iowa M. Arui,trmi,-. 2,9S Main Street. Street. Class "B" Permit for Private Club Class "C" Permit HawkeyY� ('tu)) of Dubuque. Iowa. Jasper Leo Puccio and Catherine 1348 Central :\venue. Lynch, 2850 Burlington Street. Union League Civil), 400 low:; Joseph J. Siege and Ferdinand Street. NV. Kenniker, 2401 Windsor Avenue. Class "C" Permit Passed, adopted and approved Jasper Leo PucciO and Catherine this 7th day of October, 1946. Ly 2550 rurliilgton Street. ALBERT WHARTON, Mayor Joseph .J. Siege and Ferdinand FRANK VAN D1"l,:L:AIAN, AC. ICeuniker, 2401 Windsor Avenue. F. W. THOMPSON. Be It Further Resolved that the GEO. R. MURPHY, bonds filed by such applicants be W. W. MOFFATT, the sauce are hereby approved. Councilmen rind Attest: J. J. SHEA, Passed, adopted and aPProved this 7th clay of October. 1946. City Clerk ALBERT WHARTON. Councilman Thompson moved Mayor the adoption of the resolution. Sec" FItANl: VAN Dl'EI.At:\N. onded by Councilman lIoffatt. Car F. W. THOMPSON• ried by the following vote: Council- GP 0. R. Yeas—Mayor Wharton, Moffatt, Murphy, ThomPSOn, \\ . \'• 1\1OFFATT. then Van Duelman. Connc•ilmeu Nays—None. Attest. J J. City Resolution No. 143.46 Cloitiic•iluian Moffatt moved the Whereas, iieretofore applications adoption of the t'esolutu>u, second ons for Beer Permits were filed by ed by Couacilmtui D1urPhy. Carried within named applicants and they by the i'olluwi,, vole: have received the approval of this ('c,u„cit Yeas- Al,cyo; \Vhartou, Council; and men .Moffatt. Murphy, '1'hompsou. Whereas, the premises to be Oc Van Uuc tool° cupied by such applicants have \uv 1 c c been inspected and found to cont Kc ularessim. October 7th, 1946 Resolution No. 144-46 Whereas, application for Class "B" Beer Permit has been submitt- ed to this Council for approval and the same has been examined: Now, Therefore, lie it Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. class "B" Permit Name Address Floyd Croft, 1091 Main Street. Passed, adopted and approved this 7th clay of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. 4OFFATT, Councilmen Attest: J J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Counicilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. Shea, Approved Adopted YA Is h/"I0'T*/W4 Attest: ......... , City Clerk. Sl)ecial Session. Octl)her 9th, 1940 317 City Council (Official) Special Session, October 9th, 1946. Council met at 7:30 p.m. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Thompson. Carried by the follow- ing vote: Yea3—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of Notice to Con- tractors, of the receipt of bids for the construction of a permanent sidewalk abutting and adjoining the North 64 feet 3 inches of Lot 73 in the Original Town of Dubuque owned by William F. and Kathryn Cooper, presented and read. Councilman Moffatt moved that Mayor Wharton read the call and the proof of publication be receiv- stated that service, thereof had ed and filed. Seconded by Council - been duly made and that this meet- man Murphy. Carried by the follow- ing is called for the purpose of con- Ing vote: ducting a public hearing upon the Yeas—Mayor Wharton, Council - plans, specifications and form of men Moffatt, Murphy, Toompson, contract for the construction of a Van Duelman. permanent sidewalk abutting the Nays --None. North 64 feet 3 inches of Lot 73, owned by William F. and Kathryn Cooper and acting on any other business as may properly come be- fore a regular meeting of the City Council. Return of Service, subscribed and sworn to by Edwin O. Ander- son, Deputy Sheriff of St. Louis County, State of Minnesota, that he served a copy of Resolution No. 128-46 upon William F. and Kath- ryn Cooper, a resolution ordering the construction of a permanent sidewalk abutting and adjoining the North 64 feet 3 inches of Lot 73 in the Original Town of Dubuque, presented and read. Councilman Van Duelman moved the Return of Service be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of Notice of In- tention to construct a permanent sidewalk abutting and adjoining the North 64 feet 3 inches of Lot 73 in the Original Town of Du- buque, William F. and Kathryn Cooper, owners presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Petition of Cooper Real Estate Office, by W. F. Cooper, requesting that they be allowed to make such repairs as are necessary to the safety of the sidewalk abutting and adjoining the North 63 feet 3 inches of Lot 73 in the Original Town of Dubuque on the North side of the Austin Apartments until they are able to go ahead with a new sidewalk in the spring, pre- sented and read, Councilman Thompson moved that the petition be received and filed and the City Manager in- structed to notify Mr. William Cooper to post with the City of Du- buque a Public Liability Bond in the amount of $5,000.00 and $10,- 000, said bond to be posted with the City of Dubuque within 15 clays, failure to post the bond within the required time the sidewalk to be barricaded. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Dubuque's Women's Club advising that the Club voted unanimously to urge the City Council to rigidly enforce the law which prohibits the selling of diger and liquor to minors in clubs and taverns of Dubuque, also the Club voted to urge tavern keepers to go a step further in this ils Special Session, October 9th, 1946 regard by refusing admission to boys and girls under the age of 21 to their places of business, also the Club agreed to urge the City Council to co-operate with the or. ganizations in attempting to solve the problem of recreation for young people in Dubuque, presented and read. Councilman Murphy moved that the communication be referred to the City Council. Seconded by Coun. cilman Moffatt. Carried by the fol. lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Petition of Peter J. and Kathleen 11. Seippel requesting that the (Aty of Dubuqe execute a quit claim heed running to Foster E. and Mary Moneta Adams conveying the Westerly 10 feet of Lot 7 of Alber Addition and that Foster E. and Mary Moneta Adams will in turn execute an easement giving the City of Dubuque perpetual right to the use of the said Westerly 10 feet of Lot 7 of Alber Addition for crosswalk purposes, which will ac- complish the City's requirements as they are now understood to be and would not violate the restrict- ing covenants running with the land, presented and read. Councilman Murphy moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council. nuen Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 145.46 Be It Resolved by the City Coun. cil of the City of Dubuque that the following, having complied with the Provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Floyd Croft, 1091 Main Street. Be It Further Resolved that the bond filed with the application be apnroved. Passed, adopted and approved this 9th day of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY W. W. MOFFATT. Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. See. onded by Councilman Moffatt. Car. ried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy. Thompson. Van Duelman, Nays-- None. Resolution No. 146-46 WHEREAS, ; Afore applica- tion for Class kftPermit was filed by the witamed appli- cant and it has received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicant have been inspected and found to com- ply with the ordinances of this City and he has filed a. proper hour]: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicant a Beer Permit. CLASS "B" PERMIT Floyd Croft, 1091 Main Street. BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby approved. Passed, adopted and approved this 9th day of October, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN. F. W. THOMPSON, GEO. R. MURPHY, W W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the, following vote: Yeas—Mayor Wharton, Councdl- men Moffatt, Murphy, Thompson. Van Duelman. Nays --None. There being no further business. Councilman Van Duelman moved to ,special Session, October 9th, 1946 3P) adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson. Van Dueiman. Nays—None. J. J. SHEA, rr��,,44 4A A/4 City Clerk., ApprovedllX� J . 194 i , Adopted « J_`` 1 Councilmen: Attest: .� .... City Clerk. Special Session, October 11th, 1946 City Council (Official) Special Session, October 11th, 1946. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Murphy and Moffatt. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- ducting a public hearing upon the plans, specifications and form of contract for the construction of a permanent sidewalk abutting on the West side of the West 170 feet of Lot 284 of Davis Farm Addition, Agatha Mihm, owner, and acting on any other business as may pro- perly come before a regular meet- ing of the City Council. Return of Service, subscribed and sworn to by F. J. Rengs, Deputy Sheriff, Polk County, Iowa, that he served a copy of Resolution No. 130-46 upon Agatha Mihm, own- er, a resolution ordering the con- struction of a permanent sidewalk abutting and adjoining the West side of the West 170 feet of Lot 284 of Davis Farm Addition, pre- sented and read. Councilman Murphy moved that the Return of Service be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson Van Duelman. Nays—None. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers of Notice to side- walk contractors of the receipt of bids for the construction of a per- manent sidewalk abutting and ad- joining the West side of the West 170 feet of Lot 284 of Davis Farm Addition, Agatha Mihm, owner, pre- sented and read. Councilman Moffatt moved that the proof of publication be re- ceived and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. October 11, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlement: Pursuant to your in- structions sealed bids were received until. 10:00 A. M. October 11th, 1946, for the constrcetion of a con- crete sidewalk along the northeast side of Central Avenue abutting Lot 284 of Davis Farm Addition. One bid, that of the D. C. May Construction Co. was received for the sidewalk at 39c per square foot or a total of $117.00. I recommend that the contract be awarded to the D. C. May Construction Co. at the price bid. Respectfully received, A. A. RHOMBERG, City Manager. Proof of publication certified to by the publishers, of Notice of In- tention to construct a permanent sidewalk abutting and adjoining the West side of the West 170 feet of Lot 284 Davis Farm Addition, Agatha Mihm, owner, presented and read. Councilman Van Duelman moved that the proof of 'publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council. Councilman Thompson moved that the communcation of City Man- ager Rhomberg be referred to the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas=Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Communication of Paul V. Bet. ters, Executive Director of the United States Conference of May- ors, advising that the 1947 Annual Conference of The United States Conference of Mayors will be held in Washington, D. C., on January 20-21-22, 1947, presented and read. Councilman Murphy moved that the communication be referred to Special Session, October 11th, 194() the Council for consideration. Sec. onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. 321 men Moffatt, Murphy, Thompson, Van Duelman. Nays—Nene. J. J. SHEA, �(\�� City Clerk. Approved�JL nm'o�.341947 Communication of the National Institute of Municipal Law Officers, by Walter J. Mattison, President, asking the City Council to author- ize City Solicitor Kintzinger to at- tend the conference of City Attor- neys to be held in Washington, D. C., on December 2-3-4, 1946, pre- sented and read. Councilman Murphy moved that City Solicitor Kintzinger be author- ized to attend the conference, if he so wishes, the expenses to be borne by the City of Dubuque. Seconded by Councilman Van Duelman. Car- ried by the folowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Sonotone of Madison, by D. F. R. Rice, Man- ager, relative to the Ordinance gov- erning the matter of a license for itinerant merchants and asking the City Council for a ruling on said ordinance as the same applies to their business in Dubuque and stat- ing that after considering the na- ture of their business that the City Council find some way to permit them to continue to do business in Dubuque, presented and read. Councilman Thompson moved that the application be denied and the City Clerk instructed to notify Mr. D. F. R. Rice of the action taken by the City Council. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council - Councilmen: 4 .: Attest: .... City Clerk Special Session, October 23rd, 1946 City Council (official) Special Session. October 23rd. 1946. Council met at 9:30 A. M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson. Van Duelman. City Manager Rhom- berg. Meeting called by order of Coun- cilmen Van Duelman and Murpl1y• Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing a resolution for the issuance of a permit for the purpose of per- mitting natural gas to be made available to all of the people of the City of Dubuque 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 act as Clerk Pro Tem of the meeting in the absence of City Clerk, J. J. Shea. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Communication of The Key City Gas Company in regard to the ap- plication now pending before the Federal Power Commission for a permit to make natural gas avail- able to all of the people of the City of Dubuque, presented and read. Councilman Van Duelman moved that the communication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt. Murphy, Thompson, Van Duelman. Nays—None. sion, applications for permits to serve various communities in this and other States, with natural gas. And Whereas, a public meeting was held on October 23, 1946, for the general discussion of the com- munity interests, needs and desir- ability of having natural gas avail- able for the use and benefit of the general public. And Whereas, it was almost the unanimous agreement at said public meeting that the. public generally is in favor thereof. And Whereas, it is the opinion of the City Council of the City of Du- buque, Iowa, that there is a need for said natural gas, and that the City Council is of the further opin- ion that a permit should be granted permittP-tg natural gas to be made available to the citizens of Du- buque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Federal Power Commission be and they are here- by advised there is a need for na- tural gas for the City of Dubuque, Iowa, and the citizens thereof, and that FPC be and they are hereby petitioned to issue a permit for the purpose of permitting natural gas to be made available to all of the people of the City of Dubuque. Dated at Dubuque, Iowa. this 23rd day of October, 1946. ALBERT WHARTON. Resolution No. 147-46 Whereas the City Council of the City of Dubuque, Iowa, has been informed that there is pending be- fore the Federal Power Cominis- Mayor. FRANK VAN DUELMAN. F. W. THOMPSON. GEO. R. MURPHY. W. W. MOFFATT, Councilmen. Attest: J. J. Shea. City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by, the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Special Sessi,,n, Oct()ber gird, 1046 ;?; Thompson. Carried by the follow- ing vote: Yeas—Mayor NN'harton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. J. J. SHEA, City Cllerl- Approved�Y)4 i 24, 94 Councilmen: Q'__' Attest : IiW City Clerk. .11 Special Session, October 28th, 1946 City Council (Official) Special Session, October 28th 1946. Council met at 7:30 P. M. Present—Mayor Wharton, Coun. cilmen Moffatt, Murphy, Van Duel. man, City Manager Rhomberg. Absent—Councilman Thompson. Meeting called by order of Coun- cilmen Van Duelman and Murphy. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting Is called for the purpose of con- ducting public hearings upon pro- posals to amend the Zoning Map and Zoning Ordinance of the City of Dubuque, also for the purpose of considering bids received for the construction of the Kaufmann Ave- nue Sanitary Trunk Sewer and act- ing on any other business at may Properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance of said city by changing Lots 106, 107, 108, 109 and 110 in Buxden and Lawther Addition from "Two Family Resi- dence District" classification to "Local Business District" classifi- cation, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by tht following vote: Yeas ---Mayor Wharton, Council- men, Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Councilman Van Duelman moved that the rules be suspended for the Purpose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None, Absent—Councilman Thompson Messrs R. D. Stoltenberg, Al Reis- 'ing, Dorrance Rapp, Bob Fossellnan, John Genz and Frank Zahina ad- dressed the Council objecting to the rezoning of Lots 106, 107, 108, 109 and 110 in Burden and Law- ther Addition to a "Local Business District" Classification and stating that the rezoning of these lots to "Local Business District" classifi- cation will allow certain business to go in there which would tend to disturb the peace and quiet of the neighborhood and make said neighborhood an undesirable place to live and would also tend to de- preciate the value of their proper- ties. Messrs. William H. Thomp- son and John Meyer addressed the Council as favoring the rezoning of Lots 106, 107, 108, 109 and 110 in Burden and Lawthers Addition to a "Local Business District" classification stating that if a store was allowed to be built on these lots that it would eliminate the present dumping grounds and weeds which are allowed to grow on these lots each year and would help to beautify the neighborhood Councilman Moffatt moved that the matter of rezoning Lots 106, 107, 108, 109 and 110 of Burden and Lawther Addition to a "Local Busi- ness District" be referred to the Council for consideration. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Proof of publication, certified to by the publishers, of notice of a Public hearing upon a proposal to amend the Zoning Map of the City of Dubuque so as to include in the "Two Family R,esidencey" classi- fication certain land west of the old City Limits recently annexed to the City of Dubuque, presented ind read. Councilman Murphy moved that .he proof of publication be received ind filed. Seconded by Councilman Van Duelman. Carl•ied by the fol - owing vote: Yeas—Mayor Wharton, Council - nen Moffatt, Murphy, Van Duel- nan. Nays—None. Absent—Councilman Thompson. Special Scs:,�iIni, Ol-tuJ)(Cr ?nth. P)41) 325 Ordinance No, 36-46 An Ordinance amending and changing the Zoning Map of the City of Dubuque, Iowa as provided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Dubuque" so as to include in the "Two Family Residence" classifi- cation certain land west of the old City Limits recently annexed to the City of Dubuque, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel— man. Nays—None. Absent—Councilman Thompson. 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 Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of the Kauf- mann Avenue Sanitary Trunk Sew- er, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. October 2S, 194t) To the honorable Mayor and City Council. Dubuque, low,. Gentlemen: Pursuant to your in- structions sealed bids were called for the construction of the Kauf- mann Avenue Sanitary Trunk Sew- er until 10:00 o'clock a.m. October 23, 1946. No bids were received at the letting. I recommend that all previous action on this project be rescinded and that the matter be reinitiated with some changed provisions— particularly with reference to the method of payment as set forth in the notice to contractors of the receipts of proposals. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man, Nays—None. Absent—Councilman Thompgon. Resolution No. 148-46 Whereas, proceedings have been adopted for the construction of the Kaufmann Avenue Sanitary Trunk Sewer; and Whereas, it is in the best inter- ests of the City of Dubuque to re- scind the action previously taken with reference thereto; N o w, Therefore, Be It Resolved that the action previously taken with reference to the Kaufmann Avenue Sanitary Trunk Sewer be rescinded and an- nulled. Passed, adopted and approved this 28th day of October, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, GEO. R. MURPHY, W. W. MOFFAT, 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 Wharton, Council- 326 Special Session,• October 28th, 1946 men Moffatt. Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Proposed changes in Bus Routes presented by the Interstate Power Company covering Mt. Carmel and Fremont Route, Cleveland Avenue Route and the Linwood Route, pre- sented and read. Councilman Murphy moved that the City Solicitor be instructed to prepare a proper ordinance cover- ing the proposed changes in bus routes as submitted by the Inter- state Power Company. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Mr. Frank Zahina addressed the Council asking that the storm water condition at Burden and Windsor Avenues be taken care of and also that the crosswalk at the intersec- tion of Burden and Windsor Av- enues be repaired. Councilman Murphy moved that the verbal request of Mr. Frank Zahina be referred to the Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Van Duel - man. Nays --None. Absent—Councilman Thompson. Communication of Joseph Ven- trella stating that time does not permit and the information receiv. ed from the City Engineer and local dealers in vitrified sewer pipe and considering the hazardous ele. ments affecting a contract of this size at this time prohibits filing any bid for the construction of the Kaufmann Avenue Sanitary Trunk Sewer, presented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Van Duel. man. Nays—None. Absent—Councilman Thompson. Notice of Claim of Carl Fay in the amount of $3.09 for wrecker service to get his car out of a plumber's ditch at 2095 Seminary- Street, presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council. man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Van Duel. man. Nays—None. Absent—Councilman Thompson. Petition of the Senior High School asking permission to stretch a banner across Main Street be. tween The Dubuque Building and the Graham Clothing Store, pre- sented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Communication of Schuyler S. Hunter, Secretary, Iowa State Hous- ing Committee, requesting the at- tendance of Building Commissioner Bandy at a meeting of the Building Inspectors of the Class One cities to be held November 1st at the State House in Des Moines, Iowa. Presented and read. Councilman Murphy moved that Commissioner Bandy be authorized to attend the meeting the expenses to be paid by the City of Dubuque. Seconded by Councilman Van Duel. man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Communication of Russel H. Ba- con Company, Minneapolis, Minn., in regard to the installation of park- ing meters in the City of Dubuque, presented and read. Councilman Murphy moved that the communication be referred to the Council. Seconded by Council- Special Sessi(m. October 28th, 1946 327 man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Van Duel - man. Nays—None. Absent—Councilman Thompson. Petition of the Dubuque County Tuberculosis Association request- ing permisison for the holding of a Bangle or Tag Day on Saturday, December 14th, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton. Council- men Moffatt. Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Communication of Dubuque Re- tail Merchants advising that the Dubuque Retail Merchants are staging a gigantic Christmas parade to begin at 2:00 p.m. on November 13th and requesting that an effec- tive plan be worked out with ade- quate police assistance for the hold- ing of the said parade, presented and read. Councilman Murphy moved that the communication be received and approved and referred to the Police Department for their cooperation as requested in the communication. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man Moffatt. Carried by the followv- iug vote: Yeas—Mayor Wharton. Council. men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of September. 1946, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton. Council- men Moffatt, Murphy. Van Duel - man. Nays—None. Absent—Councilman Thompson. Council Proceedings for the months of April and May, 1946 pre- sented for approval. Councilman Van Duelman moved that the Council Proceedings for the months of April and May, 1946 be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Ordinance No. 35-46. An Ordi- nance granting to the Chicago Great Western Railway Company, its suc. cessors and assigns, the right to construct and maintain a spur track across 12th Street from one of its spur tracks to the North side of 12th Street to Lot 202 in East Du- buque Addition, in the City of Du- buque, Iowa, and providing the terms and conditions thereof, said ordinance having been passed up- on first reading on October 701, 1946, and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption, was present- ed for final adoption. roan. Nays—None. Absent—Councilman Thompson. Petition of the Dubuque Retail Merchants requesting permission to erect decorations on Main Street from 4th Street to 12th Street and on 8th Street from Main to Locust Streets from November 11th to ap- proximately January 1st and also that they be allowed to connect and receive electric power from the street lighting system with such power being provided by the City. presented and read. Councilman Murphy moved that the petition be referred to the City Manager and City Electrical In- spector for their report to be sub- mitted at the next meeting of the City Council. Seconded by Council - ordinance No. 35-46 An Ordinance granting to the Chicago Great Western Railway Company, its successors and as- signs, the right to construct and maintain a spur track across 12th Street from one of its spur tracks US Special Session, October 24th, 1946 to the North side of 12th Street to Lot. 202 in East Dubuque Addi- tion, in the City of'Dubuque, Iowa, and providing the terms and condi- tions thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- 11UQUE: Sec. 1. That permission be, and the same is hereby granted to the Chicago Great Western Railway Company its successors and as- signs, the right to lay down, oper- ate and maintain a spur track across 12th Street from one of its spur tracks to the North side of 12th Street to Lot 202 in East Du- buque Additon to the City of Du- buque in accordance with the plans now on file in the office of the City Clerk. Sec. 2. That in the laying down and the operation of said track, the same shall be so constructed and maintained as to create the least possible obstruction of the ordinary travel and use of the street on and over which said track is laid; that cars shall not be allowed to stand on the track in said street and that the same shall be kept free for travel at all times except when it may be necessary for cars to be switched across the same. Sec. 3. That said track hereby authorized shall be laid to the es- tablished grade of 12th Street and should the grade of 12th Street be changed at any time, the said track shall be so changed as to conform to such changed grade at the expense of the railroad com- pany and the company shall have no claim for damages against the City by reason thereof. Sec. 4. That the said railroad company shall at all times keep the space between the rails of said track and the space to the end of the ties on each side of said track so graded that automobiles or oth- er vehicles may easily cross over and use all of said space, and that when required by the City Council said railroad company shall plank between the rails and make suitable approaches as required by the Coun- cil to enable vehicles to easily cross over the same. Sec. 5. Said track shall be so constructed and maintained as not to clam up or obstruct the flow o water in said street, and the said railroad company shall at its own expense construct such drainage structures as may be necessary to prevent the clamming up or obstruc- tion of flowage of water in said street. Sec. 6. It is further expressly stipulated and provided that all rail- road companies now operating tracks in the City shall be entitled at any time to have their cars trans- ferred over said track, and all in- termediate tracks of said company, its successors and assigns, which may be necessary to be used in order to connect with the track hereby authorized upon the pay- ment of such switching charges which may be uniformly applied within this City and accepted as reasonable between railroad com- panies operating within the City. Sec. 7. This Ordinance being deemed urgent and of immediate necessity, shall become effective upon its passage, adoption and ap- proval by the City Council and pub- lication as provided by law and the rights herein granted shall ac- ture to said railroad company when this Ordinance has been accepted by said railroad company which acceptance shall be endorsed here- on, and when the costa and expense of publishing the same have been paid by said railroad company and when the injuries and damage to property abutting upon said street has been ascertained and compen- sated for, or in lieu thereof, when the record owners of such property and record holders of liens and en- cumbrances thereon have filed with this Council their consent to the construction and operation of such track and waivers and releases of any damages which may be sus- tained by thein on account of the construction and operation of the same. Passed upon first reading this 7th day of October, 1946. Passed, adopted and approved on final reading this 28th day of Oc- tober, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. f Attest: J. J. SHEA, City Clerk. Special SessWm, Octo twr 28th, 1940 ,129 Acceptance of Ordinance No. 35-46 Chicago Great Western Railway Company, having knowledge of all the terms and conditions of Ordi- nance No. 35-46, does hereby ac- cept said Ordinance as adopted by the City Council of the City of Dubuque, Iowa, on the 28th day of October, 1946. Signed this 20th day of Novem- ber, 1946. CHICAGO GREAT WESTERN RAILWAY COMPANY (Seal.) By S. M. GOLDEN, Its Vice President Attest: B. F. PARSONS, Secretary. Form Approved GUY A. GLADSON, General Solicitor. Published officially in The Tele- grapr-Herald newspaper this 26th day of November, 1946. J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. October 10, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, Treasurer, Health Department and Waterworks; also a list of payrolls and list of claims for which war. rants were drawn during the month of September, 1946. Respectfuly submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Van Duelman, Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel. man. Nays—None. Absent—Councilman Thompson. October 15, 1946. In re: Claim of Mrs. Minnie Ham. ilton Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On or about Sep- tember 16, 1946, damages were caused to the car of Mrs. Minnie Hamilton by a decayed branch fall- ing out of a tree onto her car while it was parked in front of 1250-1252 Washington Street, breaking the aerial on her car and damaging the hood, front fender and front light. I recommend that the claim be allowed in the sum of $6.05 and that a warrant be issued payable to the order of Mrs. Minnie Hamil. ton and delivered to her upon de- livery to the City of Dubuque of a properly executed release. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor be instructed to draw a warrant in the amount of $6.05 in favor of Mrs. Minnie Hamilton as settlement in full of her claim and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. October 22, 1946. In re: Florence Lemper V. City of Dubuque. Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen: On June 9, 1945, Florence Lemper filed with the City Council of the City of Dubuque, a claim in which she stated that the Statute of Iowa provided that a police matron should receive a sal- ary not less than the minimum salary paid to policemen in the City of Dubuque, asserting that from 'March 31, 1944 to May 1, 1945, inclusive, she had not received the salary provided by the statute and 330 Special Session, October 28th, 1946 that she was entitled to the' full amount thus provided for the past five years. That thereafter she filed an Amended and Substituted Petition in the District Court of Dubuque County, Iowa, upon the same grounds, claiming that there was due her the sum of $1,666.00, with legal interest. Upon behalf' of the City there was filed an answer which alleged, among other things, that plaintiff, because of her actions and conduct had acquiesced in the payment of said salary and was thus estopped from claiming any more than was paid to her. A motion was made by Plaintiff to strike out this part of the answer which was sustained by the District Court. An appeal was taken upon this ruling and the Supreme Court affirmed the opinion of the lower Court, striking that part of the answer in which de- fendant set up the defense of waiv. er, acquiesence and estoppel. In the case of Claser V. Burling- ton, 231 Iowa 670, the Supreme Court held that firemen suing the City for back salary had waived their right thereto, but in speaking about that case herein, they stated that the same did not apply and that in this case the plaintiff was entitled to the full salary provided by the Code. It was because of this case that an appeal was tak- en. That matter now having been dgtermined against the City the only thing remaining to do is to pay the claim of Florence Lemper and the Court costs. The amount of her claim with interested to October 15, 1946 amounts to $1948.39. 1 recommend that a warrant be issued payable to Czizek & Czizek, attorneys for Florence Lemper and that the same be delivered upon the delivery to the City of a proper release, and that a warrant be is. sued to the Clerk of the District Court for the amount of the Court costs. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor be instructed to draw a warrant in the amount of $1,948.39 in favor of Czizek & Czizek, at. torneys for Florence Lemper as set- tlement in full of her claim and that said warrant be delivered up. on receipt by the City of Dubuque of a properly executed release and also that the City Auditor be in- structed to draw a warrant in favor of the Clerk of the District Court to cover the amount of Court costs. Seconded by Councilman' Van Duel. man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Van Duel. man, Nays—None. Absent—Councilman Thompson October 11. 1946. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Mrs. Jennie Haggerty for suspen- sion of taxes on: Davis Farm Addi- tion 254, asking that the 1945 tax be suspended because of age. I recommend that said petition be approved by the City Council of the City of Dubuque and that notification of such approval be giv- en to the Board of Supervisors of Dubuque County, Iowa. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the Board of Supervisors to be notified of the action of the City Council, Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. October 22, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of Mr. Herman Wirzbach et al., the Planning and Zoning Com- mission respectfully recommends vacation of the alley adjoining the west boundary of Lots 67, 68 and 69 In Burden & Lawther Addition only at an agreed price. The alley ad- joining Lots 70, 71, 72 and 73 re- Special Session, October 28th, IW6 31 quested vacated is another alley en- tirely — that directly back of the properties on the east side of Bur- den Avenue—and should not be vacated. Attached plat shows part of the petition to which approval should be limited. Yours truly, THE DUBUQUE PLANNING. AND ZONING COMMISSION. By Richard V. McKay, Secretary. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be re- ferred to the City Solicitor for pro- per action. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Stetmore Street Subdivision which has been approved by the Plan. ning and Zoning Commission. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secretary. Councilman Van Duelman moved that the conmrunicat.ion of the Plan- ning and Zoning Commission be re- ferred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following, vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Van Duel - man. Nays—None. Absent—Councilman Thompson. October 22, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: After reviewing the subject matter of attached petition of Charles R. Johanningmeier, the Planning and Zoning Commission respectfully recommends that the Local Business District at Central Avenue and 32nd Street be ex- tended northward to include the area bounded by Central Avenue, 32nd Street, Jackson Street and the north city limits line between Cen- tral Avenue and Jackson Street as shown on attached plat. Yours truly, THE DUBUQUE PLANNING. AND ZONING COMMISSION. By Richard V. McKay. Secretary. Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be approved and referred to the City Solicitor to prepare proceed- ings. Seconded by Councilmanur M phy. Carried by the followipg vote: Yeas—Mayor Wharton. Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. October 24, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted for your consideration is proposed October 17, 1916. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to petition of the Varner Well Drilling Co., Inc., requesting vacation of cer- tain alleys adjoining their property on East 4th Street, the Planning, and Zoning Commission respectful- ly recommends the granting of the petition for such consideration as your honorable body may decide upon. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secretary. Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be referred to the Council to view the grounds. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. October 17, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Char lotte M. Offernran was studied by the Planning and Zoning Commis Sion and as the action requested ap- pears to be needed to clear certain property title the Planning and Zon- ing Commissiou respectfully recour- 332 ���crial ticssinn, October 28th, 1946 mends to your honorable body the granting of the petition, provided the City Solicitor finds no objec- tions. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secretary. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be re- ferred to the City Solicitor. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. October 17, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of Mr. Wm. Nesler request- ing vacation of certain sidewalk area along the south line of his store property at 17th and West Lo- cust Street, the Planning and Zon- ing Commission respectfully recom- mends to your honorable body de- nial of the petition. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secretary. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be re- ferred to the Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. October 17, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Plan- ning and Zoning Commission re- spectfully recommends to your hon. orable body the granting of the peti- tion of Peter J. Seippel and Kath. leen B. Seippel with the right of easement for sidewalks and public utilities being conveyed to the City of Dubuque. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secretary. Councilman Moffatt moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved and referred to the City So- licitor. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Resolution No. 149-46 Be It Resolved by the City Coun. cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Du- buque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on be- half of said City. Name. Address. Dale Duncan, Kenneth Ring and Louis Ring, 1500 Central Avenue. Leander W. May, 349 Eighth Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 28th day of October, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Resolution No. 150-46 Whereas, applications for Beer Permits have been submitted to this Council for approval and the Special Session, October 28th, 1946 333 same have been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "C" PERMIT. Name. Address. The Great Atlantic & Pacific Tea Co., 13th and Iowa Street. Merlin Apel, 1195 Dodge Street. Passed, adopted and approved this 28th day of October, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Resolution No. 151-46 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected 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 Man- ager be and he is hereby directed to issue to the following named ap- plicants a Beer Permit: CLASS "B" PERMIT. Name. Address. Phillip Mihalakis, 798 East 16th Street. CLASS "C" PERMIT. The Great Atlantic & Pacific Tea Co., 13th and Iowa Streets. Merlin Apel, 1195 Dodge Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 28th day of October, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, W. W. MOFFATT, 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 Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Resolution No. 152-46 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that it is deemed advisable to sell Lots 2, 3, 4, 5, 6, 7 and 8 of Me- Craney's Addition in the City of Dubuque, Iowa, excepting the por- tions thereof owned by the C. M. St. P. and P. Railroad Co. to Arthur C. Kauffmann for the sum of One Thousand Five Hundred Fifty and No/100 ($1,550.00) Dollars and to execute a quit claim deed of said premises to said grantee and de- liver the same to him upon the pay- ment of said purchase price. Be It Further Resolved That the Mayor and Clerk of said City of Dubuque, Iowa, be, and they are hereby authorized to execute said deed on behalf of the City of Du- buque and to affix thereto the offic- ial seal of said City. Passed, adopted and approved this 28th day of October, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. 334 �;pecial Session, October 28th, 1946 Communication of the Parking Committee submitting inclosed re- port and recommendation of the study made in regard to the park- ing situation in the City of Du- buque, presented and read. Councilman Moffatt moved that the communication and report of the Parking Committee be referred to the Council and that the Parking Committee be extended an invita- tion to meet with the City Council at 8:00 P. M. on Monday, November 4th, 1946, to study the report of the Parking Committee and also that a vote of thanks be extended to the members of the Parking Committee for services rendered in the study and report made in regard to the Parking situation in the City of Du- buque. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Councilman Murphy moved that the City Solicitor be instructed to prepare a proper ordinance covet- ing the zoning of property surround- ing the New Municipal Airport. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Councilman Moffatt moved that the City Manager be instructed to prepare an application for Federal Grant for the construction of sew- ers, water supply, landscaping and entrance driveways at the New Mu- nicipal Airport. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. October 11, 1946 concrete sidewalk along the north- east side of Central Avenue abut- ting Lot 284 of Davis Farm Add. One bid, that of the D. C. May Construction Co., was received for a sidewalk at 39c per square foot, or a total of $117.00. I recommend that the contract be awarded to the D. C. May Construction Co. at the price bid. Respectfully submitted, A. A. RHOMBERG, City Manager. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions sealed bids were re- ceived until 10:00 A. M., October 11th, 1946, for the construction of a Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. Resolution No. 153-46 (AWARDING CONTRACT). Where, ropogals have been Msubpiiltebtzt4actors for the construction of a permanent side- walk adjoining and abutting the West side of the West 170 feet of Lot 284, Davis' Farm Addition, pur- suant to Resolution No. 130-46, and D. C. May Construction Co., contractor, has submitted the low- est bid for the furnishing of all la- bor and materials and performing the work as provided for in the plans and specifications; now, therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to D. C. May Construction Co., and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on October 28th, 1946. Councilman Van Duelman moved that the resolution be approved and Special Session, October 28th, 1946 335 placed on file for one week. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Van Duel - man. Nays—None. Absent—Councilman Thompson. J. J. Shea. City Clerk. Approved I ZWU4.aV— ,A194i. Adopted t• - Councilmen {� , w�• Attest: a<J-r.a.uu� City Cerk Regular `rssion, November 4th, 1946 337 City Council (Official) and filed. Seconded by Councilman Thompson. Carried by the follow - Regular Session, November 4th, Nays—None. 1946. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Mayor Wharton stated that this I-; the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the paving of Harlan Street from the present pavement in Windsor Avenue to approximate- ly the east property line of Sheri- dan Street north, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Coun- cil. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, 'Thompson, Van Duelman. Nays—None. Return of Service, subscribed and sworn to by Edward G. Beck- er, that he posted along the line of improvement a copy of the no- tice of levy of special assessment and intention of the City Council to issue bonds for the paving of Harlan Street from the present pavement in Windsor Avenue to approximately the east property line of Sheridan Street north, pre- sented and read. Councilman Moffatt moved that the Return of Service be received Wharton, Council - Murphy, Thompson, City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS Resolution No. 153-46 Resolved by the City Council of the City of Dubuque: That to pay for the paving of Harlan Street from the present pavement in Windsor Avenue to approximately the east property line of Sheridan Street north by Thos. Flynn Coal Company, contractor, in front of and adjoining the same, a speEial tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter name(], situate and owned, and for the several amounts set opposite each lot _or parcel of real estate, as followr,: Special assessment submitted No- vember 4th, 1946. Dubuque Homes, Inc., Lot 20, Sheridan's Addition .........$251.67 Dubuque Homes, Inc., Lot 21, Sheridan's Addition ............ 202.96 Dubuque Homes, Inc., Lot 22, Sheridan's Addition ......... 202.96 Dubuque Homes, Inc., Lot 23, Sheridan's Addition .......... 202.96 Dubuque Homes, Inc., Lot 24, Sheridan's Addition .......... 202.96 Dubuque Homes, Inc., Lot 25, Sheridan's Addition ......... 202.96 Dubuque Homes, Inc., Lot 26, Sheridan's Addition ......... 202.96 Dubuque Homes, Inc., Lot 27, Sheridan's Addition .......... 202.96 Dubuque Homes, Inc., Lot 28. Sheridan's Addition .......... 202.96 Dubuque Homes, Inc., Lot 8, S. 1/z Sheridan's Addition.... 46.12 Dubuque Homes, Inc., Lot 9, Sheridan's Addition ......... 134.88 Dubuque Homes, Inc., Lot 10. Sheridan's Addition 336.14 Dubuque Homes, Inc., Lot 11, Sheridan's Addition ... .._ 339.63 Dubuque Homes, Inc,, Lot 12. Sheridan's Addition ......... 135.02 Leonard P. &Gladys Thies. Lot 146, Burden & Law- ther's Addition 27.89 Leonard P. &Gladys Thies. Lot. 19, Burden & l.aw- ther's Addition _ 19.54 338 kegular Session, November 4th, 1946 Dubuque Homes, Inc., Lot 13, Sheridan's Addition ...... . 205.32 Dubuque Homes, Inc., Lot 14, Sheridan's Addition .... . 205.32 Dubuque Homes, Inc., Lot 15, Sheridan's Addition .......... 205.32 Dubuque Homes, Inc., Lot 16, Sheridan's Addition ...... .. 206.32 Dubuque Homes, Inc., Lot 17, Sheridan's Addition .......... 205.32 Dubuque Homes, Inc., Lot 18, Sheridan's Addition ......... 205.32 Dubuque Homes, Inc., Lot 19, Sheridan's Addition ........ 205.32 Alfred M. & Cecilia Ferring, Lot 2 of 2 of 5 of N.E. 1/4 of Sec. 13 T. 89 R. 2E.... 387.91 Alfred M. & Cecilia Ferring. Lot 147, Burden & Law- ther's Addition ............. .... 22.78 Total.....................................$4, 762.50 50.0 Lineal Feet of 6 in. Con- crete Roll Curb at 50c........$ 25.00 1,429.8 sq. ydg.'of 7 in. Rein- forced Concrete at $3.25 ...4,646.85 Extra Expense at .00042617.. 50.00 Interest -6f/; for 52 Days.... 40.65 Total .................................$4,762.50 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 4th day of November, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelinan. Nays—None. (Resolution Providing for the Is- suance of Public Improvement Bonds.) City of Dubuque, Iowa. Resolution No. 154-46 'Yt'hereas, the contract heretofore entered into by the City of Dubuque for the paving of Harlan Street hereinafter described, has been completed and said improvement has been accepted by the City Council of said City and the City .ngineer has computed the cost and expense thereof to be $4,762.50. And whereas, public notice as provided by law, has been published )y the City Clerk stating the in- vention of the City Council to issue ponds to pay the cost of said im- provement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: Now, therefore, be it resolved by the City Council of the City of Dubuque that to provide for the cost of paving of Harlan Street from Windsor Avenue pavement to approximately the east property line of Sheridan Street there be issued improvement bonds to the amount of $4,762.50. Said bonds shall be issued under the provisions of Chapter 396 of the Code of- Iowa, 1946; shall bear the date of the 4th day of Decem- ber, 1946, shall be in denominations of $500.00, except that there shall be one bond to the amount of $262.50. They shall be numbered from 3810 to 3819 inclusive and shall be divided into ten series, of which the bond numbered 3810 shall constitute the first series and shall be payable the first day of April, A. D. 1947, the bond numbered 3811 shall constitute the second series and shall be payable the first clay of April, A. D. 1948, the bond numbered 3812 shall consti- tute the third series and shall be payable the first day of April, A. D. 19.19, the bond numbered 3813 shall constitute the fourth series and shall be payable the first day of April, A. D. 1950, the bond num- bered 3814 shall constitute the fifth series and shall be payable the first day of April, A. D. 1951, the bond numbered 3815 shall consti- tute the sixth series and shall be payable the first day of April, A. D. 1952, the bond numbered 3816 shall constitute the seventh series and shall be payable the first day of April, A. D. 1953, the bond tuum- bered 3817 shall constitute the eighth series and shall be payable the first day of April, A. D. 1954, the bond numbered 3818 shall con- stitute the ninth series and shall be payable the first day of April, A. D. 1955, the bond numbered 3819 shall constitute the tenth series Regular Session, November -nth, 19=6 339 and shall be payable the first day of April, A. D. 1956. Said bonds shall bear interest at the rate of five per cent per annum which interest shall be payable semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the proceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No.......................... Series No ........................ CITY OF DUBUQUE IMPROVEMENT BOND collection of said special tax, and said money can be- used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things re- quired to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessfnents, collections and payment hereon of said special tax, the faith and dili- gence of said City of Dubuque are hereby irrevocably pledged. The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned tb the bearer here- of, oYt the first day of April, A. D. 194. or any time before that date at the option of the City, the sum of . ...........Hundred Dollars, with interest thereon at the rate of five per cent per annum, payable on the presentation and surrender of the interest coupons hereto at- tached, both interest and principal are payable at the office of the City Treasurer in the City of Du- buque ii! the State of Iowa. This bond is issued by the City of Du- buque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 4th day of November, 1946. This bond is one of a series of 10 bonds, nine for $500.00 numbered from 3810 to 3818 inclusive, and one for $262.50 numbered 3819, all of like tenor and' date, and issued for the purpose of paving of Harlan Street from Windsor Avenue pavement to approximately the east property line of Sheridan Street, and de- scribed in said resolution; which cost is assessable to and levied along paid improvement, and is made by law a lien on all abutting or adjacent property. and payable in ten annual installments, with interest on all deferred payments at the rate of five per cent per an- num, and this bond is payable only out of the money derived from the In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clark, with the seal of said City aflixed this..............day.................. . 194...., and has au- thorized the use of their fac-simile signature to the interest coupons hereto attached. ...................... ........ I ........ I.......... Mayor. .................................... City Clerk. Countersigned (Seal) (FORM OF COUPON) On the................day of ....... ............A. D. 194...., the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond. the sum of ..... ............. ....... _ Dollars, at the office of the City Treasurer in the City of Dubuque, being ................ months interest due that. clay on its. ............................... BondNo ................... dated...................... ., 194... . ............................................... Mayor. Countersigned ......... _ I ........ ... City Clerk. Be it further resolved, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then de- liver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. 340 Regular Session, November 4th, 1946 Be it further resolved, that the City Treasurer be and he is here- by instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept In a special fund to be known as Improvement Fund. Bt it further resolved, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and coun- tersigned with the fac-simile sig- nature of the City Clerk. Be it further resolved, that as fast as tunds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 4th day of Novem- ber, 1946. Approved: ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. It MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car. ried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified by by the publishers, of notice of levy of special assessment and in- tention of the City Council to issue bonds for the paving of Euclid Street from the present pavement in Windsor Avenue to approximate- ly twenty-two feet west of the east property line of Sheridan Street, Presented and read. Councilman Murphy moved that the proof of publication be received and flied. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Return of service, subscribed and sworn to by Edward G. Becker, that he posted along the line of im- provement a copy of the notice of levy of special assessment and in. tention of the City Council to issue bonds for the paving of Euclid Street from the present pavement in Windsor Avenue to approximate- ly twenty-two feet west of the east property line of Sheridan Street, presented and read. Councilman Thompson moved that the Return of Service be re- ceived and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None, City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS Resolution No. 155--46 Resolved by the City Council of the City of Dubuque: That to pay for the paving of Euclid Street from the present pavement in Windsor Avenue to approximately twenty-two feet west of the east property line of Sheridan Street. by Thos. Flynn Coal Company, con- tractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situ- ated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Special assessment submitted No- vember 4th, 1946. Anthony P. and Roselyn Schmitz, Lot 3, Sheridan Addition ................................$ 47.79 4'nthony P. and Roselyn Schmitz, N. 1/2 Lot 4, Sheri- dan's Addition 59.13 Mettel Realty & Inv. Co., S. 1/ Lot 4, Sheridan's Addi- tion................................. -_.... 80.56 Mettel Realty & Inv. Co., Lot 5, Sheridan's Addition ........ 351.25 Dubuque Homes Inc., Lot 6, Sheridan's Addition ............ 347.76 Dubuque Homes Inc., Lot 7, Sheridan's Addition ............ 139.57 Dubuque Homes Inc., N. 1/Z Lot 8, Sheridan's Addition 47.71 Dubuque Homes Inc., Lot 29, Sheridan's Addition .......... 209.98 Dubuque Homes Inc., Lot 30, Sheridan's Addition .......... 209.98 Dubuque Homes Inc., Lot 31, Sheridan's Addition .......... 209.98 Regular Session, November 4th, 1946 341 1)ubuque Homes Inc., Lot 32, ed by Councilman Van Duelman. Sheridan's Addition .......... 209.94 Carried by the following vote: Dubuque Homes Inc., Lot 33, Yeas—Mayor Wharton, Council- Sheridan's Addition .......... 209.98 niers Moffatt, Murphy, Thompson, Dubuque Homes Inc., Lot 34, \'an Duelman. Sheridan's Addition ......... 209.98 Nays--None. Dubuque Homes Inc., Lot 35, — Sheridan's Addition .......... 209.98 (Resolution Providing for the Is- Dubuque Homes Inc., Lot 36, suance of Public Improvement Sheridan's Addition .......... 209.98 Bonds.) City of Dubuque, Iowa. Dubuque Homes Inc., Lot 37, Resolution No. 156-46 Sheridan's Addition ........... 260.39 Whereas, the contract heretofore Raymond and Ina M. Rog- entered into by the - City of Du- gensack, S. % Lot 38, buque for the paving of Euclid Sheridan's Addition ............ 165.40 Street hereinafter described, has completed and said improve- Joseph Wm. Stitz, N. 1/z Lotbeen ment has been accepted by the 38, Sheridan's Addition.... 68.16 City Council of said City and the Joseph Wm. Stitz, N. 1/2 Lot City Engineer has computed the 39, Sheridan's Addition ..... 58.16 cost and expense thereof to be Raymond and Ina M. Rog- $4,973.95. gensac•k, S. 1,2 Lot 39, And whereas, .public notice as Sheridan's Addition ... ,.... .. 155.39 provided by law, has been published Dubuque Homes Inc., Lot. 40, by the City Clerk stating the inten- Sheridan's Addition ...... 213.57 tion of the City Council to issue bonds to pay the cost of said int Dubuque Homes Inc., Lot 41, and a public hearing has Sheridan's Addition ._.... ... 213.57 provement been held pursuant thereto, and Dubuque Homes Inc., Lot. 42, all objections filed thereto have Sheridan's Addition ..... °21.14 been considered and determined: Dubuque Homes Inc., Lot 43,Now therefore, be it resolved by Sheridan's Addition ..., .. 221.14 the City Council of the City of Du- Dubuque Homes Inc., Lot 44' buque that to provide for the cost Sheridan's Addition .- .- '21.14 of paving of Euclid Street from Dubuque Homes Inc., Lot 45, Windsor Avenue pavement to ap- Sheridan's Addition ........ 221.14 proximately twenty-two (22) feet. Dubuque Homes Inc., Lot 46, west of the east property line of Sheridan's Addition ........ 221.14 Sheridan Street there be issued im- bonds to the amount of Total .. ___.$4,973.95 provement $4,973.50. 50.0 Lineal feet of 6 inch Said bonds shall be isused un concrete roll curb at 50c .$ 25.00 der the provisions of Chapter 396 1,494.3 sq• yds. of 7 inch rein- of the Code of Iowa, 1946; shall fm cel concrete at $3.25 .4,856.48 bear the date of the 4th day of Extra expense at .00042216.. 50.00 December, 1946, shall be in de. Interest at 6 % for 52 clays 42.47 nominations of $500.00, except that. there shall be one bond to the Total .... _........$4,973.95 amount of $473.95. They shall be All of which is assessed in Pro- numbered from 3800 to 3809 inclu- portion to the special benefits con- sive and shall be divided into ten ferrel. series, of which the bond numbered ALBERT WHARTON' 3800 shall congtitute the first ser- Mayor. ies and shall be payable the first FRANK VAN DUELMAN, day of April, A. D. 1947, the bond F. W. THOMPSON, numbered 3801 shall constitute the GEO. R. MURPHY, second series and shall be Payable W. W. MOFFATT. the first day of April, A. D. 1948, Councilmen. the bond numbered 3802 shall con- Attest : J. J. SHEA, stitute the third series and shall City Clerk, be payable the first day of April, Councilman Moffatt moved the A. D. 1949, the bond numbered constitute the fourth adoption of the resolution. Second- 3803 shall 3.42 Regular Session, November 4th, 1946 series and shall be. payable the first clay of April, A. D. 1950, the bond numbered 3804 shall constitute the fifth series and shall be payable the first day of April, A. D. 1951, the bond numbered 3805 shall con- stitute the sixth series and shall be payable the first day of April. A. D. 1952, the bond numbered 3806 shall constitute the seventh series and shall he payable the first day of April, A. D. 1953, the bond numbered 3807 shall consti- tute the eighth series and shall be payable the first day of April, A. D. 1954, the bond numbered 3808 shall constitute the ninth series and shall be payable the first day of April, A. D. 1955, the bond numbered 3809 shall constitute the tenth series and shall be payable the first day of April, A. D. 1956. Said bonds shall hear interest at the rate of five per cent per an- num which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bends shall be payable out of the pt - ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially Ill the following form: No................... _.. Series No.. .... . CITY OF DUBUQUE IMPROVEMENT FUND The City of Dubuque in the State of Iowa promises to pay as herein- after iw-ndoned to the hearer here- of, oil the first day of April, A. D. 194—; or any time before that date at the option of the City, the sum of Hundred Dollars with interest thereon at the rate of five per cent, per annuin, payable oil the presentation and surrender of the interest coupons hereto at- tached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque Ill the State or Iowa. This hood is issued by Ilio City of Dubuque.pur- suant to and by virtue of Chapter 396 of the Code of Iowa 1946. and in accordance with a resolution of the City Council of said City, duly passed oil the 4111 day of November, 1946. This bond is one of a series of 10 bonds, 9 for $500.00 numbered from 3800 to 3808 inclusive, and one for $473.95 numbered 3809, all of like tenor and (late, and issued for the purpose of paving of Euclid Street from Windsor Avenue pave- ment to approximately twenty-two (22) feet west of the east property line of Sheridan Street and describ- ed in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adja- cent property, and payable in ten annual installments, with interest on all deferred payments at the rate of five per cent, per annum, and this bond is payable only out of the money derived from the col- lection of said special tax, and said money can he used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and clue form as re- quired by said law and resolution; and for the assessments, collections and payment hereon of said special tax, tha faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witnesa .Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this --day , 194—, and has authorized the use of ' their fac-simile signa- ture to the interest coupons hereto attached. Mayor City Cleric Countersigned (Seal) (FORM OF COUPON) On the ---clay of — A. D. 194—, the City of Dubuque, Iowa, promises to pay to the hearer, as provided in the bond, the sum of— Dollars, at the office of the City Treasurer in the City of Dubuque, Regular Session, November 4th, 1946 343 being --months interest due that day on its Bond No. --, dated 194—, Mayor City Clerk Countersigned Be It Further Resolved, that the Mayor and City Clerk be and they ;jive herleby instructed to cause bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then de- liver them to the City Treasurer who will also register them in a book to be kept by him for that pur- pose. Notice from Roshek Realty Com- pany demanding that the City of Dubuque surrender and deliver to the Roshek Realty Company within thirty clays the possession of Lots ' 629 and 630 in the City of Dubuque now occupied by the City for park- ing lots, presented and read. Councilman Moffatt' moved that the Notice be received and filed and all renters of parking spaces be notified in writing of action taken by the City Council and that any amounts paid in advance by renters in advance of December 1st, 1946 be granted refunds. Sec. onded by Councilman Thompson. Carried by the following vote: Yeas --Mayor Wharton,. Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Be it Further Resolved. that the City Treasurer be and he is here- by instructed to sell said bonds in tine manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Im provement Fund. Be It Further Resolved, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and counter- signed with the fac-simile of the City Clerk. Be it Further Resolved, that as fast as funds allow, beginning with the second year after the payment of interest clue, these bonds shall be called and retired in the same order as numbered. Adopted this 4th clay of Novem- ber. 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON CEO. R. MURPHY, W. W. MOFFATT. Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duehnan moved the adoption of the resolution. Sec- onded by Counc•ihrran :Murphy. Car- ried by the following vote: Yeas—Mayor Wllz'Fton, Council- men \io f ltt, Murphy, Thonrpsou. Van Drrehrran. N<<ys- None. Communication of Joseph Flynn. County Superintendent of Schools. advising that the Iowa State Con- servation Commission has appro- priated sufficient money to pur- chase, restore, and maintain the home of Robert Lucas, the first territorial governor of Iowa and suggesting that it would be just as fitting and proper for the Commis- sion to take over Julien Dubuque's grave and the five acres surround- ing it and that if the Commission is not in a position, at this time, to expand its holdings, an appropria- tion should be asked at the Gen- eral Assembly in January to de- velop this project., presented and read. Councilman Thompson moved that the communication be referred to the City Council for considera- n. Seconded by Councilman Mot- ti,fatt. Carried by the following vote: Yeas—Mayor Wharton, council- men Moffatt. Murphy, Thompson, Van Duelnrau. Nays—None. communication of A. A. Noel. Assistant Secretary Cbanrber of Conuner�e, advising of the change iu thlice of march for the Retail V'lercitxnts parade to be held Wed u(°splay, November 13th and asking that this umttcr be placed ill the hands of the d,pariurent handling the poli"iug of the :;ueets, present- ed and read. 344 Regular Session, November 4th, 1946 Councilman Murphy moved that the communication be received and complied with. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Herman Berendes ask- ing that a street light be installed on Cox Street south of Loras Boule- vard to Chestnut Street, presented and read. Councilman Murphy moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Petition of Donald Hansen et al requesting the installatioil of street lights on Euclid Street, presented and read. Councilman Van Duelman moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Moffatt. Carried by the 'following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mr. and Mrs. Jos. De Fontaine et al, property owners, asking that the old bus stop- be placed back again on Jackson Street between 25th and 26th Streets, presented and read, Councilman Murphy moved that the petition be referred to the City Council for a thorough discussion to be held with the officials of the Interstate Power Company in re- gard to bus stops throughout the City. Seconded by Councilman Van Duelman. Carried by the following vote: Peas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Spahn & Rose Lumber Company for permission that there may be erected within the city limits of Dubuque, Iowa, certain so called "Panel Construction" houses that are being fabricated by the General Timber Service Inc., a sub- sidiary of the Weyerhauser Timber Company, presented and read. Mr. G. D. Rose addressed the Council in support of the petition. Councilman Murphy moved that the petition be referred to the City Council for consideration. Seconded by-touncilman Thompson. Carried . by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mr. Dan Hall, 806 Harlan Street, . addressed the Council objecting to the rezoning of Lots 106, 107, 108, 109 and 110 of Burden & Lawther Addition to Local Business District. Councilman Murphy moved that the matter of rezoning Lots 106, 107, 108, 109 and 110 of Burden and Lawther Addition to Local Busi- ness District be referred to the City Council to view the grounds. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Ordinance No. 36-46 An Ordinance amending and changing the Zoning Map of the City of Dubuque, Iowa as provided by Ordinance No. 3-34 designated "Zoning Ordinance -of the City of Dubuque" so as to include in the "Two Family Residence" classifi- cation certain land west of the old City Limits recently annexed to the City of Dubuque, said ordinance having been passed upon first read- ing on October 28th, 1946 and or- dered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, was presented for final adop- tion. Ordinance No. 36-46 An Ordinance amending and changing the Zoning Map of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Dubuque" so as to include in the "Two Family Residence classifica- tion certain land west of the old City Limits recently annexed to the City of Dubuque. Whereas, it is deemed advisable by the City Council to amend the Regular Session, November 4th, 1946 345 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 include in the "Two Family Resi- dence" classification certain land west of the old City Limits recent- ly annexed to the City of Dubuque; And, whereas, Notice of such proposed change has been publish- ed as provided by law and an op- portunity afforded to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 P.M., October 28th, 1946, in the Council Chamber in the City Hall; And, whereas, no objections have been filed or orally made to the proposed change. Now Therefore Be It Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be, and the same is hereby amended and changed so as to in- clude in the "Two Family Resi- dence" classification certain land west of the old City Limits recent- ly annexed to the City of Dubuque and described as follows: Beginning on the existing west corporation line of the City of Du- buque, Iowa, in line with the North property line of Seminary Street extended to said corporation line; thence westerly along the northerly lines of Stout Road to the norther- ly line of the Asbury Road; thence northwesterly along the northerly line of the Asbury road to the west- erly line of Avalon Street extend- ed northerly across said road; thence southerly along the wester- ly side of Avalon Road to the south- erly line of Hilcrest Road; thence easterly along the southerly line of Hillcrest Road to the west line of Lot 1 of Lot 2 of Mineral Lot 261; thence south along the west line of lot 1 of Lot 2 of Mineral Lot 261 and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; thence easterly along the southerly line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision to the south erly line of the Asbury Road; thence southeasterly along the southerly line of the Asbury Roac to the existing west corporation line of the Ctiy of Dubuque, Iowa thence northerly along the saii existing west corporation line to .he point of beginning, all in Sec - ion 22, Township 89 North, Range East of the 5th Principal Meri- lian, being in Dubuque. Township, Dubuque County, Iowa, containing 59.6 acres more or less. Sec. 2. This Ordinance shall be in force and effect ten (10) days From and after its final passage, adoption and publication as pro- vided by law. Passed upon first reading this 28th day of October, 1946. Passed, adopted and approved upon final reading this 4th day of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Published officially in The Tele- graph -Herald newspaper this 8th day of November, 1946. J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Ordinance No. 37-46 An Ordinance amending Ordin- ance No. 12-38, Ordinance No. 16- 42 and Ordinance No. 10-43, being Ordinance and amendments there- to "Authorizing Interstate Power Company, its successors and as- signs to substitute motor bus trans- portation for street railway trans- portation; designating motor bus routes by changing certain defined bus routes and by repealing any and all Ordinances or parts there- of in conflict herewith," presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. 346 Regular Session, November 4th, 1946 Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at .least one week before its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton. council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Ordinance No. 38-46 On ordinance vacating the alley ajoining the west boundary of Lots 67, 68 and 69 in Burden & Lawther Addition in the City of Dubuque, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays --None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the. ordinance be placed on file with the City Clerk for public Inspection for at least one week before its final adoption. Second- ed by Councilman Thompson. Car- ried by the following vote: 1'ezis \layor Wharton, Council. w n .\luttall. Murphy, Thompson, \'au Ihieluuu�. Nays -None. Ordinance No. 39-46 Ail Ordinance to amend Ortliu- auce No. 2.46, being an Ordinance relating to the inspection and test - Ing of all milk intended for public sale and distribution, exacting a charge from producers and distri- butors, presented and react. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate clays. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy. Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—Notie. November 4, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of October 28th the communication of the Retail Merchants' bureau rela- tive to decorative lighting on the streets was referred to the Manager and City Electrical Inspector for report and recommendation. We find that it is not practicable nor desirable to connect the decora- tive lighting suspended over the streets with the boulevard lighting system because of the high voltage of the latter. We recommend that electrical energy be furnished from the secondary circuits of the Inter- state Power System, limited to 115 volts to ground, which is available within the alleys adjacent to all of the intersections involved. Respectfully submitted, A. A. RHOMBERG, City Manager L. C. NORTON, Electrical Inspector Regular Session, November 4th, ltklt, 347 Councilman Murphy moved that the recommendation of City Man- ager Rhomberg and City Electrical Inspector Norton be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas ---Mayor Wharton, Council- men Moffatt., Murphy. Thompson, Van Duelman. Nays—None. (AWARDING CONTRACT) Resolution No. 153-46 Whtri:u, proposals have been submiit�,d by contractors for the construction of a permanent side- walk adjoining and abutting the West side of the West 170 feet of Lot 28.4 Davis Farm Addition pur- suant to Resolution No: 130-46 and D. C. May Construction Co, con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it. Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned Improvement be awarded to D. C. May Construction Co. and the Manager be and he is hereby direct- ed to exec•,iite a contract on behalf of the City of Dubuque for the complete performance of said work. Be it Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed oil file for one week on October 28th, 1946. Passed and adopted this 4th clay of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHE, City Clerk Resolution No. 157-46 Whereas, the Planning and Zon- ing Commission recommended to the City Council that the Local Business District at Central Avenue and 32nd Street. he extended north- ward to include the area bounded by Central Avenue, 32nd Street, Jackson Street and the north City Limits line between Central Av- enue and .Jackson Street; And, Whereas, before the zoning map and zoning ordinance of the City may be changed it is necessary that a public hearing be held; And, Whereas, the City Council deems it advisable to hold such public hearing; Now, Therefore: Be It Resolved by the City Coun- cil of the City of Dubuque That there should be a public hearing on the question of the ex- tension of the Local Business Dis- trict at Central Avenue and 32nd Street to include the area bound- ed by Central Avenue, 32nd Street, Jackson Street and the north City Limits line between Central Avenue acrd Jackson Street. That the time and place for said hearing be and the same is hereby fixed for 7:30 p. mW the 25th clay of November, 1946 in the City Council Chamber in the City Hall. Dubuque, Iowa; that the City Cleric be, and he is hereby directed to cause to be published in The Tele- graph -Herald in the City of Du- buque, notice of such hearing, the same to be published so as to leave at least 15 clays between the day of such publication and the clay fixed for said hearing, said notice* shall contain, among others, the provision that any and all parties In interest and any and all citizens shall have an opportunity to be heard. Passed, adopted and approved this 4th clay of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUFLMAN, F, W. THOMPSON, Councilman Murphy moved the GFO. R. MURPHY, adoption of the resolution. Second- W W. I<IOFFATT, ed by Councilman Moffatt. Carried ' Councilmen by the following vote: Attest: J. J. SHEA, Yeas—Mayor Wharton, Council- I City Clerk men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Councilman \Iur1>]ry moved the adoption of the resolution. Second- 34� Kc},rttlar ticssicm, \cwemltcr 4th, 1946 ed by Councilman Thompson. Car- ried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 158-46 Whereas, applications for 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Joseph Beecher and Eldon Reiter, 2399 White Street. Herbert Meyer and Walter Mey- er, 735 Central Avenue. Mrs. Rosemary Hird, 2220 Univer- sity Avenue. Joseph D. Noel and Elsie Noel, 1080 University Avenue. Arthur F. Herber and Theresa Herber, 2319 Prince Street. Ray Nicks, 521 East 22nd Street. Class "B" Permit for Private Club North End Choral Club, 2774- 2776 Jackson Street. Class "C" Permit Peter J. Apel, 265 West 1st Street. Agnes Zahina, 2649 Windsor Av- enue. Val J. Pins and Helen Pins, 892 Cleveland Avenue. Passed, adopted and approved this 4th day of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 159-46 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply 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 Man- ager be and he is hereby directed to issue to the following named applicants a Beer Permit. Class '•B" Permit Name Address Herbert Meyer and Walter Mey- er, 735 Central Avenue. Mrs. Rosemary Hird, 2220 Uni- versity Avenue. Joseph D. Noel and Elsie Noel. 1080 University Avenue. Arthur F. Herber and Theresa Herber, 2319 Prince Street. Ray Nicks, 521 East 22nd Street. Class "B" Permit for Private Club North End Choral Club, 2774- 2776 Jackson Street. Class "C" Permit Peter J. Apel, 265 West 1st Street. Agnes Zahina, 2649 Windsor Av- enue. Val J. Pins and Helen Pins, 892 Cleveland Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 4th day of November, 1946. ALBERT WHARTON, Mayor FRANI{ VAN DUEI.MAN. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following dote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Regular Session, November 4th, 1946 349 Resolution No. 160-46 Preliminary approval of the pro- posed plans, specifications, form of contract and all other documents and ordering same placed on file in the office of the City Clerk for public inspection for the construc- tion of the Kaufmann Avenue Sani- tary Trunk Sewer from the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water Works, thence souther- ly in the valley west of Clarke Col- lege to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the cen- ter of the alley north of Hazel Street, thence west to the intersec- tion of said alley and St. Ambrose Street, thence south to the inter- section of St. Ambrose Street and Hazel Street, thence west to a point fifteen feet east of the old corporation line, thence south to the intersection of Seminary Street, thence westerly along Stout Road and Asbury Road to a manhole at the Intersection of Asbury Road and Hillcrest Road. Estimated cost $172,923.85, presented and read. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson, Van Duelnuan. Nays --None. NECESSITY FOR IMPROVEMENT Resolution No. 161-46 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clark showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used for the construction of the Kaufmann Avenue Sanitary Trunk Sewer from the present manhole at the south property line of 16th Street and White Street to the in- t.ersection of 22nd Street and White Street, thence westerly along Kauf- mann Avenue to the old City Water Works, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence South along a line five feet east of the west property line of Lot, 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corpora- tion line, thence south to the in- tersection of Seminary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of Asbury Road and Hillcrest Road. Be It Therefore Resolved that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed im- provement, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City CouU- cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid out of the consodidated fund supplemented by the proceeds from the sale of general obligation bonds. The above resolution was intro- duced, approved and ordered Dlaced on file with the City Clerk this 4th day of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk 350 Regular Session, November 4th, 1946 Councilman Thompson moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. (FIXING DATE] OF HEARING) Resolution No. 162-46 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 160-46 given its pre- liminary approval on the proposed plans, specifications and formof contract and placed same on file' In the office of the City Clerk for public inspection, for the construc- tion of the Kaufmann Avenue Sani- tary Trunk Sewer from the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd and White Street, thence westerly along Kauf- mann Avenue to the old City Water - Works, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of said alley and St. Ambrose thence west to the intersection of sai dalley and St. Ambrose Street, thence south to the inter- section of St. Ambrose Street and Hazel Street, thence west to a point fifteen feet east of the old corporation line, thence south to the intersection of Seminary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of Asbury Road and HIllcresf Road, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 25th day of November, 1946, a public hearing will be held at 7:30 o'clock P. In. in the Council. Chamber in the City of Dubuque at which time the owners of property may appear and make objection to the PI'Oposed plans and specifica- tions and proposed form of con- tract and at the same time to the boundaries of the proposed district, to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper Published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objec- tions they shall have been deemed to have waived all objections there- to, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, City erk Approved �..y, 947 Adopted °I... , 947 Councilmen ..... Attest:........ City Cleric. Special ti, sion, November 4th, 1946 351 City Council (Official) Special Session, November 4th, 1946. Council reconvened at 9:35 p.m. Present—Mayor Whatron, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. After consideration of the ques- tion for the installation of Parking Meters the City Council decided that Parking Meters are necessary to improve parking facilities for the public, Councilman Moffatt moved that the City Manager and City Solicitor take whatever pro- ceedings are necessary to have Parking Meters installed on the streets of the City of Dubuque at the locations designated on the chart attached to the report of the Parking Committee dated October 1946 and that the City Manager and City Solicitor be instructed to submit their report back to the City Council. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—:Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Moffatt moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J, SHEA. �+ City0.4Approved \ �[ ..1947 Adopted C 447 .......... Councilmen: { l Attest: ....< _ _�. . . City Clerk. t�ecial tiessMn, November 6th, 1946 City Council (Official.) Special Session, November 6th, 1946. Council met at 5:40 p. in. Present—Mayor Wharton, Coun. cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Thompson and Murphy. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing the petition of Spahn & Rose Lumber Company for permission that there may be erected within the City Limits of Dubuque, Iowa, certain so called "Panel Construc- tion" houses that are being fabri- cated by the General Timber Ser- vice Inc., a subsidiary of the Weyer- hauser Timber Company, and act- ing on any other business as may properly come before a regular meeting of the City Council. Petition of Spahn & Rose Lumber Co. for permission that there may be erected within the City Limits of Dubuque, Iowa, certain so called "Panel Construction" houses that are being fabricated by the General Timber Service Inc., a subsidiary of the Weyerhauser Timber Com- pany, presented and read. Mayor Wharton moved that the Building Commissioner be instruct- ed to issue building permits for the erection of "Panel Construction" houses that are being fabricated by the General Timber Service Inc. Seconded by Councilman Moffatt. Motion lost by the following vote: Yeas— Mayor Wharton and Coun- cil Moffatt. Nays — Councilmen M u r p h y, Thompson, Van Duelman. Communication of J. A. Kerper, Secretary, Dubuque Chamber of Commerce, calling the attention of the City Council to the fact that it is necessary for the municipali ties who are desirous of having na tm•al gas supplied them that they must express such desires in the form of a petition of intervention filed with the Federal Power Com nission, without espousing the in- terest of any particular company, presented and read. Councilman Murphy moved that the communication be received and the City Solicitor requested to pre- pare a petition of intervention stat- ing that it is the desire of the City of Dubuque that natural gas be supplied to the City of Du- buque inhabitants of the City of Du- buque and file the same with the Federal Power Commission and further that the City Solicitor be authorized to attend the hearing before the Federal Power Commis- sion in the event the petition of intervention is granted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. J. J. SHEA, City Clerk Approved.o.T �trr .q.0 7, y4 Adopted..C.�L11�1(. 194 Councilmen: .. Attest: �� City Clerk. Special Session, Nuvcniber 25th, 1946 353 City Council (Official). Special Session, November 25th, 1946. Council met at 7:30 p.m. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- ducting a public hearing upon the plans, specifications, form of con- tract, cost of improvement and resolution of necessity for the con- struction of the Kaufmann Avenue Sanitary Trunk Sewer, also a pro- posal to amend and change the Zoning Map so as to extend the Local Business District at Central Avenue and 32nd Street northward to include the area bounded by Central Avenue, 32nd Street, Jack- son Street and the north City limits line between Central Avenue and Jackson Street and acting on any other business as may prop- erly come before a regular meet- ing of the City Council. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans and specifications, form of contract anti cost of improvement for the con- struction of the Kaufmann Avenue Sanitary Trunk Sewer from the present manhole at the south prop- urty line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water Works thence southerly in the valley west of Clarke College to the north proper- ty line of Lot 72 of Finley's Addi- tion, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fifteen feet east of the old corporation line, thence south to the intersection of Sem- inary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of As- bury Road and Hillcrest Road. Es- timated cost $172,923.85, presented and read. No written objections filed and no objectors present in the Council. Chamber at the time set for said hearing. Councilman Van Duelman moved that the proof of publica- tion be received and filed. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Councli- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the con- struction of the Kaufmann Avenue Sanitary Trunk Sewer from the present manhole at the south prop- erty line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water works, thence southerly in the valley west of Clarke College to the north proper- ty line of Lot 72 of Finley's Addi- tion, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fifteen feet east of the old corporation line, thence south to the intersection of Seminary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of Asbury Road and Hillcrest Road. Estimated cost $172,923.85, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Van Duelman moved that the proof of publication be re- 354 spcCial Session, November 25th, 1940 ceived and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ment.) Resolution No. 163.46 Whereas, proposed plans and specifications and form of contract for the construction of the Kauf- mann Avenue Sanitary Trunk Sew- er from the present manhole at the south property line of 16th Street and White Street to the intersec- tion of 22nd Street and White Street, thence westerly along Kauf- mann Avenue to the old City Water Works, thence southerly in the val- ley west of Clarke College to the north property line of Lot 72 of Fin- ley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fifteen feet east of the old corporation line, thence south to the intersection of Semin- ary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of As- bury Road and Hillcrest Road. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1927, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- meuts, said time being this 25th day of November, 1946; and Whereas, the City Council met in Special session this 25th clay of November, 1946, at 7:30 o'clock P. in. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifi- cations, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 25th day of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON. GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. NECESSITY FOR IMPROVEMENT Resolution No. 161-46 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Att estimate of the cost of the proposed improvement, stating the Special Session, No vetnber 25th, 1946 355 same for each different type of con- struction and kind of material to be used for construction of the Kauf- mann Avenue Sanitary Trunk Sew- er from the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, tlttence westerly along Kaufman Avenue to the old City Water works, thence southerly in the val- ley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corporation line, thence south to the intersec- tion of Seminary Street, thence westerly along Stout Road and As- bury Road to a manhole at the in- tersection of Asbury Road and Hill- crest Road. Be it Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed im- provement, they shall be deemed to have waived all objections there- to. passed and adopted, as proposed. this 25th clay of November, 1946, Said improvement shall be con- structed and clone in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of consolidated fund supplemented by the proceeds from the sale of general obligation bonds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of November, 1946. The foregoing resolution was finally ALBERT WHARTON, Mayor FRANK VAN DUELMAN. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, 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 Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. (ORDERING CONSTRUCTION Resolution No. 164-46 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 161-46 which was duly passed by this Council for the construction of the Kaufmann Avenue Sanitary Trunk Sewer from the present man- hole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water Works, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, Lhence west to a point fif- teen feet east of the old corpora- tion line, thence south to the in- tersectio, of Seminary Street. thence westerly along Stout Road and Asbury Road to `a manhole at the intersection of Asbury Road and Hillcrest Road be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with 356 Special Session, November 25th, 1946 the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid out of the con- solidated fund supplemented by the proceeds from the sale of general obligation bonds. Payment will be made to the contractor in cash on the basis of monthly estimates for ninety (90) per cent of the work performed and acceptable materials suitably stored on the site. Final payment will be made within thirty- one (31) days after acceptance of work by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed within 175 calendar days after date of contract. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 25th clay of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Attest: J. J. SHEA, Councilmen. City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, CounA. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the question of the extension of the Local Business District at Central Avenue and 32nd Street to include the area bounded by Central Avenue, 32nd Street, Jackson Street and the north City Limits line between Central Av. enue and Jackson Street, present- ed and read. Councilman Van Duelman moved that the proof of publication be re. ceived and filed. Seconded by Coun. cilman Murphy. Carried by the fol. lowing vote: Yeas—Mayor Wharton. Council. men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Ordinance No. 40-46 An Ordinance amending and changing the 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 extend the Local Business District at Central Av- enue and 32nd Street northward to include the area bounded by Central Avenue, 32nd Street, Jack- son Street and the north City Limits line between Central Avenue and Jackson Street, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be. fore its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who Special Session, November 25th, 1916 357 wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mr. and Mrs. J. E. Woods et al, residents of the Park Hili District, requesting the City Council to take some action to have bus service extended to this area, presented and read. Messrs Homer Golden, George Tressel and Mrs. Rafoth addressed the Council in support of their peti- tion. Councilman Murphy moved that the petition be referred to the City Council. and City Manager to meet with the officials of the Interstate Power Company for the purpose of discussing the petition. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Petition of Mrs. Mary F. Barry et al requesting that the present route of the Mt. Carmel bus be re- tained unchanged over Rush Street and Cleveland Avenue, presented and read. Mr. Charles Holmberg addressed the Council in support of the peti- tion. Councilman Thompson moved that the petition be referred to the City Council and City Manager to meet with the officials of the Inter- state Power Company for the pur- pose of discussing the petition. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mr. Thos. Ryder addressed the Council asking that he be granted some relief in the matter of an increase in the amount of his gar- bage and dead animal contract and stating io Council that due to in- crease in population and the an- nexing of certain property in the West Dubuque District that it will be necessary to hire additional help and furnish additional equipment. Councilman Thompson moved that the verbal request of Mr. Thos. Ryder be referred to the City Mana- ger and City Solicitor for a con- ference with Mr. Thos. Ryder on this matter. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duclnan. Nays—None. Communication of Mrs. Grace Shireman submitting an offer in the amuunt of $125.00 for the pur- chase of Lot 15 of Union Addition, presented and read. Councilman Thompson moved that the coinmunication be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelnan. Nays—None. Notico of Claim of Mrs. Florence Thompson in the amount of $75.00 for injuries sustained and damages to her clothing caused in falling into an open manhole in front of 1404 Iowa Street, presented and read. Couuc•liman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Communication of The United States Conference of Mayors. in- forming the City Council that the Annual Conference of The United States Conference of Mayors will be held in Washington, D. C. on January 20-22, presented and read. Councilman Murphy moved that the communication be referred to the City Council. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays- -None. Communication of St. .Joseph Mercy Hospital requesting that ac- 358 . special session, November 25th, 1946 tion be taken to relieve the con- gestion of parking vehicles in the area in front of the hospital, pre- sented and read. Councilman Murphy moved that the communication be referred to the City Manager for investigation and report. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy. Thompson. Van Duelman. Nays—None. Communication of the E. B. Mathewson Company informing the City of ,Dubuque that their client, Iowa Improvement Company, is in the process of installing a sewer system as provided by Ordinance No. 29-46, and advising that the sewer runs and manholes on Valley view Road starting at manhole on Morningview Road and running east approximately 175 feet and also the, sewer run and manholes on Asbury Road from Avalon Road to Chaney Road will not be installed at this time, presented and read. Councilman Moffatt moved that the communication be referred to the City Manager for recommenda- tion and report. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas --Mayor \Wharton. Council- men Moffatt. \Iarph>. 'Thompson, Van Duehuan. Nays None. Petition of Ednntnd l.. and Pearl A. Didesch, owners of Lot 1 of 2 of liurch's 2nd Subdivision known as 923 \\'er,t 'Third Street request- ing that said property located at 923 -Vest 'Third Street he rezoned to :\iultiple Dwelling. presented and read. Couucilaurn 'Thompson moved that the petition be referred to the Planning and Zoning Commission for their recoouoc,ndation and re- port. Seconded by Councilman �V1urphy. Carried by the following vote Yeas \Iayor Wharton. Council- men Moffatt. Murphy. Thompson. Van Duelmau. Nays—None. Councilman Murphy moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson, Van Duelman. Nays—None. Petition of Katie A. Miller, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1945 tax on Lots 9 and 10 of Johnson's Sub., present- ed and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas ---Mayor Wharton. Council- men Moffatt. Murphy, Thompson, Van Duelman. Nays—None. Petition of Czizek & Czizek re- questing the City Council to adopt a resolution providing for the con- veyance of so much of vacated Canal Street and Warren Street as is included within Lot 1 of A. A. Cooper Wagon Works Block, nam- ing therein Joseph W. Rhomberg as Grantee, presented and read. Councilman Moffatt moved that the petition be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson, Van Duelman. Nays --None. Resolution No. 165-46 Resolution Providing for the Con- veyance of Canal and Warren I Streets, heretofore Vacated. Whereas, Canal Street from Iowa Street to Water Street was here- tofore vacated by the City Council of the City of Dubuque and Whereas, Warren Street from .tones Shcct to First Street was heretofore t,icated by the City Council of the City of Dubuque: and Petition of R. D. Stoltenberg et Whereas, such streets were va- in requesting the installation of cated in favor of the owners of the two street lights on Harlan Street. I lots and parcels of land abutting presented and read. thereon but no formal conveyance Special Session, November 25th, 1946 359 of such vacated streets was made to said abutting owners; and Whereas, Warren Street, as va- cated, and a portion of Canal Street as vacated, are included within Lot 1 of the A. A. Cooper Wagon Works Block of which Joseph W. Rho i - berg is the owner; and Whereas, a question has arisen as to the title of said Joseph W. Rhomberg to said Lot 1 of the A. A. Cooper Wagon Works Block due to the fart that such vacated streets were not conveyed by Deeds of Conveyance to his predecessors in interest; and Whereas, this Council deems it advisable to convey to said Joseph W. Rhomberg so much of said va- cated streets as are included within Lot 1 of the A. A. Cooper Wagon Works Block in order to carry into effect the intent of the vacation proceedings herein referred to: Now, Therefore, Be It Resolved by the City Coun• cil of the City of Dubuque that. the Mayor and Clerk of said City be and they are hereby authorized and directed to execute and deliver a Quit Claim Deed of Warren Street from Jones Street to First Street. as heretofore vacated, and of such portion of Canal Street from Iowa Street to Water Street, heretofore vacated, as is contained withili Lot 1 of the A. A. Cooper Wagon Works Block to Joseph W. Rhone berg, upon payment of $1.00 as full consideration therefor. Be It Further Resolved that a certified copy of this Resolution be filed with the Recorder of Dubuque County. Iowa. Passed, adopted and aPPI'o\'ed this 25th day of November. 1946. ALBERT WHARTON, men Moffatt, Murphy, Thompson. Van Duelman. Nays --None. Communication of the McGhee Steel Building Service Distributors of Stran Steel Quonset Buildings offering for Council consideration the "Quonset" line of steel fabri- catedbuildings which may be use- ful in operating the new City Air- port, presented and read. Councilman Moffatt moved that the communication be referred to the City Council for consideration. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays --None. Council Proceedings for the month of June, 1946 presented for approval. Councilman Murphy moved that the Council Proceedings for the month of June, 1946 be approved as printed. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson. van Duelman. Nay --None. Mayor FRANK VAN DIiELMAN. F. W. THOmPSON. GEO, R. MURPHY. W. W. MOFFATT. Conlicilnlell Attest: .l. J. SIIEA. City C1clrk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton. Council Ordinance No. 38-46. :111 Ordinance vacating the alley nljoinin the west boundary of I.l,t t ,. 6S and 69 in Burden & l,a\clber Addition in the City of I nl l)u(Ille. said ordinance having 1)een passed upon first reading on November 401. 1946 and ordered placed oil file with the City Clerk for public inspection for at least one week before its final adoption. was presented for final adoption. ORDINANCE NO. 38-46 Alt 41111inam.a. Varatillp the aIle? aQl,�iaias: II), Aves1 Lmnul:n•� 1.I' t.otr i.;• l,, ;,1141 (;', ill I;iiril�•n ,I, I.avcthel AdAitinu ill t1ie,olittinnl;aI)III,�enmfiled ; e,lne<Ii;ip the vaeatioa ut' the aIle) Ili\,• :U�d, \\"h(•le;is, will Alwlieatinn was dol} re�err(.,1 to the 19.uutilig and %uninp ,'uiunli��iva of the (Illy of I nil�u,(ue: And, \\"nrreas, xaid Planning; and ''/,puling ,'uninlis�iult ,If the City o1 I)lll.u�lue r�:u))ined ill,., the advis- ;il�il�t� nl' c;u•atinR Said aIlev aa(I fil, d a n Inn t I" C"lna)ellllillp Thal r;li,l alley' Lc caealyd. :\u�l, \\'herea=• said :(II�•y nhove re- [(.rre�l to ha.v never i -el -l! opened fol ir;(v,•I :uul Vullli(• use :old (herr is ni 360 Sjiccial tiessitm, -iNlrveniher 25th, 1946 demand for the use thereof at this time, nor is there any indication that the un lie needed for a erablelengtthl d of time In the future. Now, Therefore, B CO[ NCOILDAINED OF THEBCITYjOFCITY DU- BUQUE: Sec. 1. That the alley adjoining the west boundary of Lots 67, 63 and 69 In Burden &Lawther Addition in the City of Dubuque be, and the same is hereby vacated. Sec. 2. That this Ordinance shall be in force and effect ten days from and after its final passage, adoption and approval by the City Council and publication as provided by law. Passed upon first reading this 4th day of November, 1946. Passed, adopted and approved upon final reading this 251h day of No- vember, 1946. ALBERT WHARTON. Mayor. FRANK VAN DUELMAN. F. W. THOMPSON. GEO. R. MURPHY. W. W. MOFFATT. Councilman. Attest: J. J. SHEA. City Clerk. Published officially in The Tele- graph -Herald newspaper this 29th day of November, 1946. J. J. SHEA, 11-29-1t City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Moffatt, Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 39-46 An Ordinance to amend Ordin- ance No. 2-46, being an Ordinance relating to the inspection and test- ing of all milk intended for public sale and distfibution, exacting a charge from producers and distri- butor, said ordinance having been Passed upon first reading on No- vember 4th, 1946 and ordered plac- ed on file with the City Clerk for Public inspection for at least one week before its final adoption, was presented for final adoption. ORD119ANCE NO. 39.46 An Ordinance to amend Ordinance Nn. 2-11;, 1,cint; an Ordinance relating to th, ilj ttpcvtiuu and testing of all milk intonilod for public sale and dis- lribuliun, ,xacting a charge from prodn—r., ;uul distributor. BE IT ()I;I)AINED BY THE CITY (`()1'Ni'II, OF THE CITY OF DU- lil'QI'P:: Sec. 1. That Ordinance No. 2-46 is hereby amended by striking the last word, being the word "producer" of Par. 547 Section 5, and by inserting therefor, the word "distributor". Sec. 2. That any and all ordinances or parts of ordinances in conflict herewith al•c hereby repealed. Sec. 3. This ordinance being deem- ed urgent and for the protection and preservation of Public Health, peace and safety shall be in force and ef- fect from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first reading this 4th day of November, 1946. Passed, adopted and approved upon final reading this 25th day of No- vember, 1946. ALBERT WHARTON. Mayor. FRANK VAN DUF,LMAN F. W. THOMPSON. GEO. R. MURPHY. W. W. NIOFFATT. Councilmen. Attest: i. J. SHEA, City Clerk. Published officially in The Tele- ­rahh-Herald newslutil„er this 29th d.i� of November, 1946. J. J. SHEA, 11-29-1t, City Clerk. Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. November 1, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, Treasurer, Health Department and Waterworks; also a list of payrolls and list of claims for which war- ralits were drawn during the month of October, 1946. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Moffatt, Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. November 25, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following Special Session, November 25th, 1946 361 bonds and policy and desire to have your approval on same for filing: HOUSE -MOVER Francis Breitbach, Bond No. 28214-12.756-46 U. S. Fidelity and Guaranty Co. EXCAVATION BONDS M. S. Gaber (Gaber Con. Co.), Bond No. 108441 Western Surety Co. George F. Pinski, Policy No. P305666 The Fidelity & Casualty Co. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. November 25, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of October 28th the report of the Planning and Zoning Commission recommending denial of the peti- tion of Wm. Nesler was referred to the council to view the grounds. The council having viewed the site decided to deny the petition. I recommend that the decision of the council be confirmed. Respectfully submitted, A. A. RHOMBERG. City Manager Councilman Moffatt moved that the recommendation of City Mana- ger Rhomberg be approved. Second- ed by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. November 25, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of October 28th the matter of vacating certain alleys near East 4th Street was referred to the Council to view the grounds. The Council having viewed the site decided to vacate the alleys and convey the same to the Varner Well Drilling Co. Inc. I recommend that the decision of the council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 41.46 An Ordinance providing for the vacation of the alley extending easterly from the east line of Adams Street to the westerly line of Lot 16 in Industrial Subdivision No. 2 in the City of Dubuque, and thence northerly along the wester- ly line of said Lot 16 to its inter- section with East Sixth Street in said City, and granting and con- veying said alley to Varner Well Drilling Co. Inc., and declaring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. 362 Special Session, November 25th, 1946 November 25, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the hearing of October 28th the matter of rezon- ing Lots 106, 107, 108, 109 and 110 of Burden and Lawther Add. to Local Business clasisfication was referred to the council to view the grounds. The Council having viewed the premises decided to follow the recommendation of the Planning and Zoning Commission by pro- ceeding with the rezoning. I recom- mend that the decision of the coun- cil be confirmed and that action be taken by the passage of the proposed rezoning ordinance. Respectfully submitted. A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 42-46 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated "Zon- ing Ordinance of the City of Du- buque' 'so as to change to "Local Business District" classification certain defined territory now being delinlited as "Two Family" district. ure.sented and read. Councilman Van Duelulan moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton. Council. ulen Mofaftt. Murphy. Thompson, \-au Duelulan. Nays --None. Councilman Van Duelman moved that the rules he suspended requir- ing an ordimauce to be read on three separate clays. Seconded by Councilman Moffatt_ Oarried by the following vote: Peas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Fall Dmelillall. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. November 22, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning and Zoning Commission respectfully recommends to your honorable body the vacation; (1) of Thir- teenth St. from the east line of Maple St, to the east line of Cedar St.: (2) the vacation of Cedar St. from the north line of East Thir- teenth St. northerly to a point 51.3 feet from the south line of Fourteenth St.; (3) the vacation of the alley between Maple and Cedar Sts. from the north line of Thir- teenth St. to a point 51.3 feet south of. the south line of Fourteenth St. conditional upon the conveyance to the City of Dubuque by A. Y. McDonald Co. of Lot No. 281 fac. ing Maple St, and Lot No. 545 fac- ing Cedar St. in East Dubuque Subdivision now owned by said A. Y. McDonald Co. This action will enable the A. Y. McDonald Co. to proceed with the construction of the first unit of their projected expansion program. Yours truly, The Dubuque Planning allcl Zoning Commission By Richard V. McKay, Secy. Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor requested to prepare the proper Proceedings. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. SP Tial Session, November 25th, 1946 363 Resolution No. 166-46 Whereas, applications for Class "B" Beer Permits have been sub- mitted 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 applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Myrtle A. Chapman, 53 West 12th Street. The Victory Club, 951% Main Street. Leo V. Cunningham and John M. Thompson, 210 West First Street. Passed, adopted and approved this 25th day of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY. W. W. MOFFATT. Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Peas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Resolution No. 167-46 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council: and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply 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 di- rected to issue to the following named applicants a Beer Permit. Class "B" Permit Name Address The Victory Club. 95114_ Mair Street. Leo V. Cunningham and John M. Thompson, 21.0 West First Street. Joseph Beecher and Eldon Reiter, 2399 White Street. Alfred E. Hedley and Lillian Hed- ley, 579 Eighth Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 25th clay of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. November 25, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: On November 14th. 1916. D. C. May Construction Com- pany of Dubuque was awarded a contract for the sum of $117.00 for the reconstruction (construction) of a permanent sidewalk five feet wide adjoining and abutting the west side of the west 170 feet of Lot 284 of Davis Farm Addition to the City of Dubuque. I recommend that said improve- ment be accepted as fully comply- ing with the terms and provisions of the contract. Respectfully submitted, L. O. TEMPLE, City Engineer Councilman Van Duelman moved thatthe recommendation of City Engineer Temple be approved. See. onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt. Murphy, Thompson. Van Duelman. Nays --None. 364 Special Scssicm, ;�Tcwcmher lith, 1946 (A Resolution accepting improve- ment and directing the Clerk to publish notice.) Resolution No. 168-46 Whereas, the contract for the re- construction (construction) of a permanent sidewalk five feet wide adjoining and abutting the West side of the West 170 feet of Lot 284 of Davis Farm Addition to the City of Dubuque has been complet- ed and the City Manager has ex- amined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans an( specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Mana- ger be approved and that said im- provement be and the same is here- by accepted and the City Engineer be and he is hereby directed to pre- pare a plat and schedule showing the lots or parcels of real estate subject to assessment for said im- provement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of bonds is- ued upon the above described im- provement in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 25th day of November, 1946. ALBERT WHARTON, Mayor FRANI{ VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. November 25, 1946 To the Honorable Mayor and City Manager, Dubuque, Iowa Gentlemen: Herewith is sub- mitted Profile No. 1327 showing the proposed grade on Wooten Street from a point 100 feet west of the west line of Mineral Lot 69 to the west property line of James Street and Peabody Street. I recommend that the proposed grade be approved as shown on the profile and that an Ordinance be passed establishing such grade. Respectfully submitted, L. O. TEMPLE, City Engineer Councilman Moffatt moved that the recommendation of City En- gineer Temple be approved. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 43-46 An Ordinance establishing a grade on Wooten Street from a point 100 feet west of the west line of Mineral Lot 69 to the west prop- erty line of James Street and Pea- body Street, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate clays. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Special Sessiw m, N(,veniher 25th, 1946 365 Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 169-46, Prelimin- ary approval of plans, specifica- tions, form of contract, cost of im- provement and all other documents for the clearing, grubbing and grad- ing of Wooten Street from McClain Street to the west line of James Street and Peabody Street, present- ed and read. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No, 170-46 Whereas plans and specifications have been duly presented to the City. Council for the clearing, grub- bing and grading of Wooten Street from McClain Street to the west line of James Street and Peabody Street in the City of Dubuque. And whereas it appears that the cost thereof will exceed the sum of $5,000.00. And whereas before any such contract may be entered into, The City Council shall adopt proposed plans and specifications and pro- posed form of contract, and fix a time and place for hearing thereon. Now, therefore Be It Resolved; That the hearing on the question of adopting said proposed plans and specifications and the proposed form of contract be and the same is hereby fixed for 7:30 p. in., De- cember 16, 1946, in the Council Chambers at the City Hall in the City of Dubuque, and the City Clerk is hereby directed to give no- tice thereof by a publication in The Telegraph -Herald at least ten days before said hearing. The above resolution was intro- duced, approved and adopted this 25th clay of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilman Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 171.46 Whereas, the Navy of the United States of America has a program of training to provide an adequate reserve of qualified personnel for national defense; and Whereas, the erection of armories is an essential part of this pro- gram; and Whereas, the City Council of the City of Dubuque, Iowa deems it advisable to assist by providing a site for an armory; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that a lease for the site of a naval armory consisting of Lots 340, 341, 342, 343 and the alley abutting on such lots, all in Ham's Addition in the City of Dubuque, Iowa, be of- fered to United States of America at a rental of $1.00 per annum with. provision for the renewal of such lease annually for a period of twenty years; and Be It Further Resolved that the Mayor be and he is hereby author- ized to submit such offer together with a certified copy of this reso- lution to the proper authorities of the Navy of the United States of America. Passed, adopted and approved this 25th day of November. 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Peas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Special Session, November 25th, 194_6 Resolution No. 172.46 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that it is deemed advisable to sell Lot 19 and Lot 1 of Lot 1 of Lot 20 Mill's West Dubuque and Lot 1 of Lot 1 of Lot 225 of Woodlawn Park Addition in the City of Du- buque, Iowa to W. J. McFarlane for the sum of One Hundred Fifty and No -100 ($150.00) Dollars, re- serving to the city an easement for the existing sanitary sewer, and to execute a quit claim deed of said premises, with such easement re- served, to said grantee and deliver the same to him upon the payment of said purchase price. Be It Further Resolved that the Mayor and Clerk of said City of Du- buque be and they are hereby au- thorized to execute said deed on behalf of the City of Dubuque and to affix thereto the official seal of said city. Passed, adopted and approved this 25th day of November, 1946. ALBERT WHARTON Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. November 25. 1946 To the Honorable Mayor and City Council, Dubuque. Iowa Gentlemen: We are attaching hereto application for Class "B" Beer Permit from Levi Roach to operate at 469 Main Street. This is to advise that an inspec- tion has been made of this build- ing by the Building, Plumbing and Electrical Inspectors, the Fire Chief and the Assistant State Fire Mar. shall, Mr. Luberden, and it was found that this building does not comply with the State fire regula- tions in regard to fire escapes. Therefore all official order to con- struct and place a fire escape on this building has been served upon the owners of this building, Mrs. Jean G. Powers and Dr. C. W. Pow- ers. A time limit of sixty (60) days has been given to complete this installation. On November 13, 1946 an order was placed with the E. J. Voggenthaler Company by the owners of the building to construct a fire escape on said building. Very truly yours. DONALD J. BANDY, Building Inspector PERRY KIRCH, Fire Chief Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson, Van Duelman. Nays None. November 25, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: We are attaching hereto application for Class "B" Beer Permit from Benevolent and Protective Order of Elks, Dubuque Lodge No. 297, to operate at 7th and Locust Streets. This is to advise that an inspec- tion has been made of this build. ing by the Building, Plumbing and Electrical Inspectors, the Fire Chief and the Assistant State Fire Marshall, Mr. Luberden, and it was found that this building does not comply with the State fire regula- tions in regard to fire escapes. Therefore an official order to con- struct a fire escape on this build- ing has been served upon the Elks Club. A time limit of sixty (60) days has been given to complete this installation. On August 22, 1946 an order was placed with the Potter Manufacturing Corporation of Chicago, Illinois by the Elks Club to construct a fire escape on said building. Very truly yours, DONALD J. BANDY, Building Inspector PERRY KIRCH, Fire Chief Special Session, November 25th, 1946 367 Councilman Van Duelman moved that the communication be receiv- ed and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 173.46 Whereas, applications for Class "B" Beer Permits have been sub- mitted 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 fol- lowing applications be granted and the licenses are to be issued upon compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Benevolent & Protective Order of Elks, Dubuque Lodge No. 297, N. W. Corner 7th and Locust Streets. Levi Roach. 469 Main Street. Passed, adopted and approved this 25th day of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 174-46 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply 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 thac the Manager be and he is hereby di •ected to issue to the following lamed applicants a Beer Permit. Class "B" Permit Name Address Benevolent and Protective Order )f Elks, Dubuque Lodge No. 297, V. W. Corner 7th and Locust Streets. Levi, Roach, 469 Main Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 25th day of November, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Tohmpson• Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Resolution No. 175-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Levi Roach, 469 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 25th clay of November, 1946. ALBERT WHARTON, &layor FRANK VAN DUP.Li\iAN. F. W. THOMPSON. GEO. R. MURPHY, W. W. MOFFAT'r, Councilmen Attest: J. J. SHEA. , City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- g tii,ecial ticssio n, November 25th, 1946 .36 onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Councilman Murphy moved that the Parking Meter bids as sub. mitted be referred to the City Coun- cil for consideration. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Crk Approved &� 1947 AdoptedA" , 1947 �.........r .............. ✓i j y� Councilmen: V Attest: ........ .x4 ... ........ ��ity Clerk. Regular Session, December 21ld, V-46 369 City Council ( OFFICIAL) Regular Session, December 2nd, 1946. Council met at 7:30 p.m. Present—Mayor Wharton, Coun. cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Mayor Wharton stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as may properly come before the meeting. Petition of W. J. Canfield, Jr. re- questing a refund on the unused portion of City License issued for the Red Lounge, Canfield Hotel, which was made inoperative since the fire on June 9, 1946„ presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of October, 1946, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 40.46' An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Or- dinance No. 3.34, designated "Zon- ing Ordinance of the City of Du- buque" so as to extend the Local Business District at Central Avenue and 32nd Street northward to in. clude the area bounded by Central Avenue, 32nd Street, Jackson Street and the north City Limits line be- tween Central Avenue and Jackson Street, said ordinance having been passed upon first reading on No- vember 25tH, 1946 and ordered plac- ed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. Ordinance No. 40-46 An Ordinance amending and chang- ing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordi- nance of the City of Dubuque" so as to extend the Loca: Business District at Central Avenue and 32nd Sttreet northward to include the area bound- ed by Central Avenue, 32nd Street, Jackson Street and the north City Limits line between Central Avenue and Jackson Street. Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated as "Zoning Ordinance of the City of Dubuque" so as to extend the Local Business District at Central Avenue and 32nd Street northward to include the area bounded by Cen- tral Avenue, 32nd Street, Jackson Street and the north City Limits line between Central Avenue and Jackson Street. And, Whereas, Notice of such pro- posed change has been published as provided by law and an opportunity afforded to any and all Interested par- ties and citizens to object thereto at a public meeting held at 7:30 P.M. November 25th, 1946, in the Council Chamber in the City Hall. And, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be, and the same is hereby amended and changed as follows: To extend the Local Business Dis- trict at Central Avenue and 32nd Street northward to include the area bounded by Central Avenue, 32nd Street, Jackson Street and the north City Limits line between Central Ave- nue and Jackson Street. Sec. 2. This Ordinance shall be in force and effect ten days from and after its final passage, adoption and publication as provided by law. Passed upon first reading this 25th day of November, 1946. Passed, adopted and approved upon final reading this 2nd day of Decem- ber, 1946. ALBERT WHARTON Mayor FRANK VAN DUELMAN F. %V. THOMPSON GEO. It MURPHY W. 11'. MOFFATT Councilmen Attest: J. J. Shea City Clerk Published officially In The Telegraph - Herald newspaper this 5th day of De- cember, 1946. J. J. SHEA. City Clerk 370 Regular Session, December 2nd, 1946 Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. ordinance No. 41.46 An Ordinance providing for the vacation of the alley extending easterly from the east line of Adams Street to the westerly line of Lot 16 in Industrial Subdivision No. 2 in the City of Dubuque, and thence northerly along the wester- ly line of said Lot 16 to its intersec- tion with East Sixth Street in said City, and granting and conveying said alley to Varner Well Drilling Co. Inc., and declaring an emer. gency, said ordinance having been passed upon first reading on No- vember 25th, 1946, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 41-46 erly along the westerly line of Lot 16 to its intersection with East Sixth Street in said City, be and the same is hereby vacated, Par. 2. That, in consideration of the sum of $1.00 and other valuable con- siderations, the receipt whereof are hereby acknowledged, said vacated alley be and the same is hereby granted to Varner Well Drilling Co. Inc., and said Grantee shall cause said vacated alley to be platted by giving the same a distinct lot de- scription and, thereupon, the Mayor and Clerk shall convey said premises to said Grantee by Quit Claim Deed for and on behalf of the City of Du- buque. Par. 3. That the Clerk be and he is hereby directed to record this Ordi- nance in the office of the Recorder of Dubuque County, Iowa. Par. 4. This Ordinance, being deemed urgent and in the interest of the public welfare, shall be in force and effect from and after its final passage and adoption by the Council of the City of Dubuque and publica- tion ,as provided by law, and upon payment of the cost of publication by said Varner Well Drilling Co. Inc. Passed upon first reading this 25th day of November, 1946. Passed, adopted and approved upon final reading this 2nd day of De- cember, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. An Ordinance providing for the va- cfiation of the alley extending eas- terly from the east line of Adams Street to the westerly line of Lot 16 in Industrial Subdivision No. 2 in the City of Dubuque, and thence northerly along the westerly line of said Lot 16 to its intersection with East Sixth Street in said City, and granting and conveying said alley to Varner Well Drilling Co, Inc., and declaring an emergency. WHEREAS Varner Well Drilling Co. Inc. has petitioned this Council of the City of Dubuque for the vaca- tion of the alley extending easterly from the east line of Adams Street to the westerly line of Lot 16 in In- dustrial Subdivision No. 2 in the City of Dubuque, and thence northerly along the westerly line of said Lot 16 to its intersection with East Sixth Street in said City, and f - the grant- ing and conveying of said alley to said Varner Well Drilling Co. Inc.; and WHEREAS said petition was re- ferred to the Planning and Zoning Commission of said City forits recommendation, and said Commis- sion has recommended such vaca- tion; and WHEREAS -aid alley Is not used or needed for public purposes. and Varner Well Drilling Co. Inc. is the owner of all real estate abutting upon said alley; NOW, THEREFORE, BE . IT OR- DAINED by the Council of the City of Dubuque: Par. 1. That the alley extending easterly from the east line of Adams Street to the westerly line of Lot 16 in Industrial Sub -division No. 2, in the City of Dubuque, thence north - Attest: J. J. SHEA. City Clerk. Published officially in The Tele- graph -Herald newspaper this 5th day of December, 1946. J. J. SHEA, 12-5-1t. City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 42-46 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated "Zon- ing Ordinance of the City of Du- buque" so as to change to "Local Business District" classification certain defined territory now being delimited as "Two Family" district, said ordinance having been passed upon first reading on November 25th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- sented for final adoption. Regular Session, December 2nd, 1946 371 ORDINANCE NO. 42-46 An Ordinance amending and chang- ing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated "Zoning Ordi- nance of the City of Dubuque" so as to change to "Local Business Dis- trict" classification certain defined territory now being delimited as "Two Family" district. Whereas, it is deemed advisable by the City Council to amend the Zon- ing Map of the City of Dubuque as provided by Ordinance No. 3-34, des- ignated "Zoning Ordinance of the City of Dubuque" so as to change to "Local Business District" classifica- tion certain territory hereinafter de- scribed, now delimited as "Two Fam- ily District"; And, Whereas, Notice of such pro- posed change has been published as provided by law and an opportunity afforded to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 P. M., October 28th, 1946, in the Council Chamber in the City Hall; And, Whereas, the objections oral- ly made to the proposed change have been weighed and considered and overruled by this Council. Now, Therefore BE IT ORDAINED 13Y THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be, and the same is hereby amended and changed as follows: By changing from a "Two Family Residence District" classification to a "Local Business District" classifica- tion: Lots 106, 107, 108, 109 and 110 in Burden and Lawther Addition to the City of Dubuque, Iowa Sec. 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as provided by law. Passed upon first reading this 25th day of November, 1946. Passed, adopted and approved upon final reading this 2nd day of De- cember, 1946. ALBERT WHARTON. Mayor. FRANK VAN DUELMAN. F. W. THOMPSON. GEO. R. MURPHY. W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Published officially in The Tele- graph -Herald newspaper this 5th day of December, 1946. J. J. SHEA. 12-5-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. of Mineral Lot 69 to the west prop- erty line of James Street and Pea- body street, said ordinance having been passed upon first reading on November 25th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented for final adoption. Ordinance No. 43.46 An Ordinance establishing a grade on Wooten Street from a point 100 feet west of the west line ORDINANCE NO. 43.46. BE I1' ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That a grade on Woot- en Street from a point 100 feet west of the west line of Mineral Lot 69 to the west property line of James Street and Peabody Street be hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile No. 1327. Any ordinances or parts of ordinances conflicting here- with are hereby repealed. Bench Mark, a 'standard disc beneath the third window south of the northwest corner of the United States Post Of- fice building at the intersection of Sixth Street and Locust, elevation 643.49. Said grade begins at station —1+00, which is 100 feet west of the west line of Mineral Lot 69, north curbeleva- tion 839.32, south curb elevation 838.92; thence to station —0+50, north and south curb elevations 839.45; thence to station 0+00, north and south curb elevations 838.87; thence to station 0+50, north and south curb elevations 837.40; thence to sta- tion 1+00, north and south curb ele- vations 835.04; thence to station 2+00, north and south curb elevations 829.44; thence to station 2+50, north and south curb elevations 826.96; . thence to station 34-00, north and south curb elevations 825.15; thence to sta- tion 3+50, north and south curb ele- vations 823.98; thence to station 4+00, north and south curb elevations 823.48; thence to station 4+50, north and south curb elevations 823.61; thence to station 5+00, north and south curb elevations 824.42; thence to station 8+73 which is the west property line of James Street and Peabody Street, north and south curb elevations 832.81. Section II. This ordinance shall be in force and take effect ten (10) clays from and after its passage by the City Council and its publication as required by law. Passed upon first reading November 25, 1946. Passed, adopted, and approved De- cember 2nd, 1946. ALBERT WHARTON. :Mayor. FRANK VX DUT;LVl:AA. F. W. TH(0111SON. GEO. R. AW1,I1I)'. W. W. M(I1 I :\'1"I Councilmen. Attest: I. .l. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 5th day of December, 1946. J. J. SHEA, 12-5-1t. City Clerk. 372 Regular Session, December 2nd, 1946 Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. In re: Mrs. Annie Steffan Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: A petition was filed in the District Court of Dubuque County, Iowa, City of Dubuque, claiming damages in the sum of $5000.00, because of an injury re- ceived on or about February 10, 1946, from a fall by plaintiff on a sidewalk while walking west on the South sidewalk on Fourteenth Street, when she reached a point about twenty feet, west of the south- west corner of the intersection of Fourteenth and White Streets, at a place where it is claimed the sidewalk was covered with rough, rounded, uneven ice, which condi- tion was caused by water discharg- ed from a down -spout from a filling station building owned by the Iowa Oil Company; that because of said fall plaintiff suffered serious and permanent personal injuries con- sisting of a fracture of the neck of the left femur, and general nervous shock, causing her to suffer ex- cruciating pain, nervousness and discomfort, and permanent injury. That she incurred expenses for medicine, surgical treatment and hospitalization. After Annie Steffan commenced action in the District Court of Iowa, Dubuque County, I filed proceedings requesting the court to order the Iowa Oil Company to be brought in as a party defendant. The Court entered such order, and the Iowa Oil Company is now defendant in the action with the City of Dubuque. That negotiation for settlement have been had with the Attorneys for the plaintiff and defendants, and plaintiff has agreed to settle this case upon payment of $1800.00. The Insurance Company for the Iowa Oil Company has agreed to pay $1200.00. 1 am of the opinion that the city should pay the balance of $600.00. I recommend that this case be settled upon the city paying $600.00 to plaintiff Annie Steffen, and that a warrant be issued to Kenline, Roe - dell, Hoffman & Reynolds, Attor- neys for Annie Steffan, in the, sum of $600.00, and that the same be delivered, upon delivery to the city of a release, properly executed to- gether with a dismissal of the ac- tion. JOHN J. KINTZINGER, City Solicitor Councilman Murphy moved that the recommendation of City Solic- itor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $600.00 in favor of Kenline, Roedell, Hoff- man & Reynolds, Attorneys for Annie Steffan, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release together with a dis- missal of the court action. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. November 30, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: We are attaching hereto application for Class "B" Beer Permit from The Page Hotel to operate at 73-75 East Fourth Street. This is to advise that an inspec- tion has been made of this building by the Building, Plumbing and Elec- trical Inspectors, the Fire Chief and the Assistant State Fire Marshall, Mr. Luberden, and it was found that this building does not comply with the State fire regulations in regard to fire escapes. Therefore an of- ficial order to construct and place a fire escape on this building has been served upon The Page Hotel. A time limit of sixty (60) days has been given to complete this instal- lation. On September 19, 1946 an order was placed with Holl & Ev- enly by The Page Hotel to construct a fire escape on said building. Very truly yours, DONALD J. BANDY, Building Inspector PERRY KIRCH, Fire Chief Regular Session, December 2nd, 1946 373 Councilman Murphy moved that the communication of Building In- spector Bandy and Fire Chief Kirch be received and made a matter of record. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 176-46 Whereas, applications for Class "B" Beer Permits have been sub- mitted 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 applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address The Page Hotel, 73-75 East Fourth Street. Frank O'Rourke and Sarah Wal- dorf, 37 Eighth Avenue. Passed, adopted and approved this 2nd day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 177-46 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply 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 direct- ed to issue to the following named applicants a Beer Permit. Class "B" Permit Name Wdress The Page Ilotcl. 73-75 East Fourth Street. Frank O'Rourke and Sarah Wal- dorf, 37 Eighth Avenue. 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, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Moffatt moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk - 11 0 Approve( Adopted G Councilmer Attest: I ME City Clerk. 374 S��ecial Session, December 9th, 1946 City Council (OFFICIAL) Special Session, December 9th, 1946. Council met at 7:30 p.m. Present—Mayor Wharton, Coun. cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhein - berg. Meeting called by order of Coun- cilmen Murphy and Moffatt. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing the bids submitted for furnish- ing Parking Meters and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Peter H. Mc- Carthy stating that he deems it necessary to again take up with -the City Council the general subject of fire prevention for the welfare of our citizens and submitting a number of suggestions to serve as safeguards for the lives of citizens and the traveling public in case of fire, presented and read. Mr. Peter H. McCarthy addressed the Council in regard to his com- munication. Councilman Murphy moved that the communication be referred to the City Council for consideration. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Trades and Labor Congress requesting that when Parking Meters are being con- sidered by the City Council for in- stallation that Union made meters be considered and installed, pre- sented and read. Councilman Murphy moved that the communication be referred to the Council for consideration. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Dubuque Community Chest advising that in accordance with the By -Laws of the Dubuque Community Chest, the Mayor of Dubuque is requested each year to appoint members to the Board of Directors, presented and read. Councilman Moffatt moved that the communication be referred to the Mayor for action. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of George C. Deyoe re- questing refunds on his Cigarette Permit No. 113 and on his Class "B" Beer Permit as he is discon- tinuing business on November 25th, 1946, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of George C. Deyoe to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 113 and also to draw a warrant in the amount of $50.00 in favor of George C. Deyoe to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Herman Kolbe, owner of Lot 1 of 1 of Lot 26 in G. R. West's Dubuque, on which is located a brick structure in part and a frame addition and garage in the rear thereof, stating that a survey ap- pears to show that the brick part of the building extends over onto the sidewalk on Thirty-second Special Session, December 9th, 1946 375 Street a distance of aprpoximately two and one-half feet and the frame portion extends over a distance of approximately three and one-half feet and requesting that the City Council take action in vacating a portion of Thirty-second Street op. whichhis building is located and also requesting that the City of Du- buque execute a quite claim deed conveying the vacated portion of said Thirty-second street to the petitioner, presented and read. Councilman Murphy moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Roy Brown et al, Citizens and Businessmen of the City of Dubuque, requesting that equal and undiscriminate enforce- ment of the Parking Regulations be made as against all operators of motor vehicles who use the down- town parking areas, presented and read. Councilman Moffatt moved that the petition be referred to the City Council for consideration. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mark Strub et al re- questing the City Government to adjust the grade of West Third Street from Grandview Ave. to Al- gona Street to a proper grade so as not to injure or harm their property, presented and read. Councilman Thompson moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Council Proceedings for the month of July, 1946, presented for approval. Councilman Van Duelman moved ;hat the Council Proceedings for the month of July, 1946 be approved 3s printed. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. December 4, 1946 Honorable Mayor and Members of the City Council of Dubuque, Iowa Gentlemen: In re: PETITION OF MRS. KATIE MILLER for suspen- sion of taxes on: Lots 9 an 10 of Johnson Sub, Dubuque, Iowa, ask- ing that the 1945 taxes be suspend- ed because of age, I recommend that said Petition be approved by the City Council of Dubuque, and notice of such approval be given to the Board of Supervisors of Du- buque County, Iowa. Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and the Board of Supervisors to be notified of the action taken by the City Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. December 5, 1946 Honorable Mayor and Members of the City Council Gentlemen: With regard to the application filed Nov. 26, 1946, of unused portion of Class "B" Beer permit issued January 4, 1946, to W. J. Canfield, Jr. It is provided by the Statute of Iowa: "Section 124.6 No refund shall be made, however, for any permit sur- rendered more than nine months after i.suence." The permit herein was issued Jan. 4, 1946, and the application for refund having been filed more than 9 months after issuence, there exists no authority for the Council to make any refund. Respectfully yours, JOHN J. KINTZINGER, City Solicitor 376 Special Session, T>ccember 9th, 1946 Councilman Murphy moved that the report of City Solicitor Kintz- inger be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 44-46 An Ordinance regulating the op- eration of taxi -cabs within the City of Dubuque and fixing the rates and prices to be charged for the transportation of passengers from one part of the City to another, re- pealing all ordinances in conflict herewith and providing a penalty for a violation thereof, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that 300 Parking Meters be purchased from M. H. Rhodes Inc., of Hart. ford, Conn. Seconded by Council. man Van Duelman. Carried by the following vote: Yeas—Councilman Moffatt, Mur phy, Thompson, Van Duelman. Nays—Mayor Wharton. Proposal of M. H. Rhodes, Inc., iartford, Conn., together with pro. ?osed form of contract, for the ..unishing of Parking Mdters to the ,",ity of Dubuque, presented and read. Councilman Thompson moved that the proposal submitted by M. K. Rhodes Inc., of Hartford, Conn., for the furnishing of Parking Meters to the City of Dubuque, Iowa, be accepted, machines to be of the penny -nickel type with hours of operation designated 9:00 a. m. to 6:00 p. m., Fridays 9:00 a, m. to 9:00 p. m., Sundays and Holidays excepted, also that the form of con- tract be approved and the Mayor and City Clerk instructed to exe- cute said contract on behalf of the City of Dubuque, Iowa. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Councilmen Moffatt, Mur- phy, Thompson, Van Duelman. Nays—Mayor Wharton. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk Approved % 1947 Adopte .. .�L., 47 Councilmen: Attest: ......1 1 �CC1Y%►- -•....... (� City Clerk. Sj,(,c1nl Session, December 16th, 1046 377 City Council (OFFICIAL) Special Session, December 16th, 1946. Council met at 7:30 p.m. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Murphy and Moffatt. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- sidering the bids submitted for the construction of the Kaufmann Av- enue Sanitary Trunk Sewer also for the purpose of conducting a public hearing upoln the, plana, specifications, form of contract and cost of improvement for the clear- ing, grubbing and grading of Woot- en Street from McClain Street to the west line of James Street and Peabody Street and acting on any other business as may properly comje before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of the Kauf- mann Avenue Sanitary Trunk Sew- er from the present manhole at the south property line of 16th Street and White Street to the intersec- tion of 22nd Street and White Street, thence westerly along Kauf- mann Avenue to the old City Water Works, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corpora• tion line, thence south to the inter• section of Seminary Street, thence westerly along Stout Road and As. bury Road to a manhole at the in. tersection of Asbury Road and Hill- crest Road. Councilman Van Duelman moved :hat the Proof of publication be re- :eived and filed. Seconded by Coun- ,11man Moffatt, Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. December 16, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived until 10:00 o'clock a. m. December 16, 1946 for the construc- tion of the Kaufman Avenue Sani- itary Trunk Sewer. Three bids were received as shown on the attached tabulation. I recommenQ' that the contract for the Kaufmann Avenue Sanitary Trunk Sewer be awarded to Jo- seph Ventrella and Son doing busi- ness as Mancini and Ventrella and Son of Chicago, Illinois at their bid price, this being the lowest bid received. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (AWARDING CONTRACT) Resolution No. 178-46 Whereas, proposals have been submitted by contractors for the construction of the Kaufmann Ave- nue Sanitary Trunk Sewer from the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water works thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north 378 Special Session, December 16th, 1946 of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fifteen feet east of the old corporation line, thence south to the intersection of Semin- ary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of As- bury Road and Hillcrest Road pursuant to Resolution No. 164-46 and Joseph Ventrella and Son do- ing business as Mancini and Ven- trella and Son of Chicago, Illinois contractor, has submitted the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned Improvement be awarded to Joseph Ventrella and Son doing business as Mancini and Ventrella and Son of Chicago, Illinois and the Mana- ger be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for on week on December 16th, 1946. Councilman Van Duelman moved that the resolution be approved and placed on file for one week for pub- lic inspection. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of notice of pub. lic hearing upon the plans, specifi- cations, form of contract and cost of improvement for the clearing, grubbing and grading of Wooten Street from McClain Street to the west line of James Street and Pea- body Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for the public hearing. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas --Mayor Wharton, Council- man Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) Resolution No. 179-46 Whereas, proposed plans and specifications and form of contract for the clearing, grubbing and grad- ing of Wooten Street from McClain Street to the west line of James Street and Peabody Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1927, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 16th day of December, 1946; and Whereas, the City Council met in special session this 16th day of December, 1946, at 7:30 o'clock P.m. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and Special Session, December 16th, 1916 379 such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 16th day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (ORDERING CONSTRUCTION) proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed within thirty (30) calendar days after date of contract. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 16th day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Resolution No. 180-46 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 170-46 which was duly passed by this Council, for the clearing, grubbing and grading of Wooten Street from McClain Street to the west line of James Street and Pea- body Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid out of the con- solidated fund, street construction fund, or partly out of each of said funds after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Dr. A. M. Does addressed the Council stating that he represented the property located on the South- east corner of Seventh and Central Avenue and now occupied by a tav- ern operated by Anthony Moes, and that Mr. Moes has not been given a renewal on his Beer Permit due to the fact that there is no fire es- cape on this building. Dr. Loes stated to the Council that it is im- possible at this time to secure a fire escape and requested Council to grant Moes Tavern a renewal of his Class "B" Beer Permit. Communication of Ilda Bavendick submitting petition signed by J. V. Keppler et al, citizens and taxpayers 380 Special Session, December 16th, 1946 of the City of Dubuque who are in favor of the Mt. Carmel bus route change, and asking the City Coun- cil to give serious and prompt con- sideration to the proposed rerout- ing of bus service, presented and read. Messrs Dave Hartig and Harold Nachtman addressed the Council in support of the petition for change in the Mt. Carmel bus route. Councilman Thompson moved that the communication and peti- tion be referred to the City Council, City Manager and City Solicitor to meet with the officials of the Inter- state Power Company for the pur- pose of discussing the petition. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Messrs Homer Golden and Leo Eisbach and Mrs. Rafoth addressed the Council renewing their request that bus service be established on the Park Hill District. Communication of J. Burroughs stating that he considers the alley adjoining Lots 37 to 41 of Rose Hill Addition on the Northwest unneces- sary and therefore he wishes to have it vacated, presented and read. Councilman Murphy moved that the communication be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Welkin H. Mauer, 2216 Green Street, requesting per- mission to build a second story en- trance at the rear of his house, pre- sented and read. Councilman Mof- fat moved that the petition be re- ferred to the Planning and Zoning Commission for their recommenda- tion and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Peter Pedersen re- questing permission to erect a six room General Timber Service, Inc. prefabricated house in the City of Dubuque, Iowa, presented and read. Councilman Murphy moved that the petition be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Emmet J. Kavanaugh requesting permission to erect a six room General Timber Service, Inc, prefabricated house in the City of Dubuque, Iowa, presented and read. Mr. Emmet J. Kavanaugh ad- dressed the Council stating that permission for the erection of pre- fabricated houses as outlined in his petition has been granted in other Cities in Iowa and requested that his petition be granted. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of C. B. Wymer et al re- questing that the emergency meas- ure or ruling due to wartime regu- lations, which has eliminated the bus stop on the west side of South Grandview Avenue between Dodge and Whelan Streets, be lifted, pre- sented and read. Councilman Mur- phy moved that the petition be re- ferred to the City Council, City Manager and City Solicitor to meet with the officials of the Interstate Power Company to discuss the peti- tion. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Ott Grocery, Joseph J. Ott, requesting a half year re- fund on his cigarette license as he is discontinuing business on Decem- ber 31st, 1946, presented and read. Councilman Van Duelman moved that the request be granted and the Special Session, December 16th, 1946 381 City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Ott Grocery, Joseph J. Ott, to cover the amount of refund granted on the unexpired portion of the cigarette license, providing that the cigarette license is pre- sented for cancellation on or before December 31, 1946. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Lloyd Burkart request- ing the rezoning of Lots 4, 5 and 6 of Burkart's Subdivision from resi- dential to business purposes, pre- sented and read. Councilman Mur- phy moved that the petition be re- ferred to the Planning and Zoning Commission for their recommenda- tion and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 4446 An ORDINANCE REGULATING THE OPERATION OF TAXI -CABS WITHIN THE CITY OF DUBUQUE AND FIXING THE RATES AND PRICES TO BE CHARGED FOR THE TRANSPORTATION OF PAS- SENGERS FROM ONE PART OF THE CITY TO ANOTHER, RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH A N D PROVIDING A PENALTY FOR A VIOLATION THEREOF, said ordi- nance having been passed upon first reading on December 9th, 1946, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 44-46 AN ORDINANCE REGULA T I N G THE OPERATION OF TAXI -CABS WITHIN THE CITY OF DCBUQUE AND FIXING THE RATES AND PRICES TO BE CHARGED FOR THE TRANSPORTATION OF PAS- SENGERS FROM ONE PART OF THE CITY TO ANOTHER, RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH A N D PROVIDING A PENALTY FOR A VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION 1. The following rates and prices for the transportation of passengers by taxi -cabs are hereby fixed as the rates and prices to be charged for services rendered by the means above stated, to -wit: (a) For one passenger from one part of the City of Dubuque to any other part thpreof, including such passenger's ordinary luggage, the stun of 50c. (b) For two or more passengers up to and including five passengers from one part of the City to any other part thereof, including such pas- senger's ordinary luggage, the sum of 65c. (c) Where two or more passen- gers board a taxi -cab at the same place, from that place to any other parts of the City as designated by each passenger, the first passenger alighting shall pay 50c; and each other passenger shall pay 25c as he leaves the taxi -cab at his destina- tion. These fares include the pas- sengers' ordinary luggage. (d) Waiting time may be charged for on the following terms: At the rate of $3.00 per hour. No charge shall be made for waiting time under ten minutes. SECTION 2. Every vehicle oper- ating as a taxi -cab shall have exposed In a conspicuous place to clear view within the passengers' compartment a printed table large enough to be read by the passengers in the taxicab, of the fixed rates; and it shall be un- lawful to operate or permit to be op- erated any such vehicle unless said rates are posted as herein provided. Each time a taxi -cab Is operated and permitted to be operated carrying a passenger or passengers without so posting the rates as atoresaid shall constitute a separate offense. SECTION 3. It shall be unlawful for the operator of any taxi -cab to stop, park or drive about the streets and public places of Dubuque, and by word, sign or signal solicit passengers for his vehicle; but nothing herein shall he construed to prevent the tak- ing on of passengers anywhere within the city upon the request of any such persons. SECTION 4. All ordinances or parts of ordinances in conflict here- with are hereby repealed. SECTION 5. In case any section, clause or provision of this ordinance be declared to be invalid, such de- cision shall not affect the validity of this ordnance, other than the part so declared to be Invalid. SECTION 6. Any person, firm or corporation who violates any pro- vision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than $100.00, and in default of such fine and costs shall be imprison- ed for a period of not exceeding thirty (30) days in jail. SECTION 7. This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as by law provided. Passed upon first reading this 9th day of December, 1946. 382 Special Session, December 16th, 1946 Passed,adopted and approved upon final reading tilts 16th day of De- cember, 1946. ALBERT WHARTO Mayor. FRANK VAN DUELMAN. F. W. THOMPSON. GEO. R. !MURPHY. W. W. MOFFAC uncihnen. Attest: J. J. SHEA, City Clerk. Published officially In The Tele- graph-14erald newspaper this 13th day of December, 1946. J. .1. SHEA, 12-13-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote. Yeas—Mayor Wharton, Council- man Moffatt, Murphy, Thompson, Van Duelman. Nays— None. Ordinance No. 45-46 AN ORDINANCE VACATING THE FOLLOWING: EAST 13th STREET FROM THE EAST LINE OF MAPLE STREET TO THE EAST LINE OF CEDAR STREET; CEDAR STREET FROM T H E NORTH LINE OF EAST 13TH STREET NORTHERLY TO A POINT 51.3 FEET FROM THE SOUTH LINE OF EAST 14th STREET; THE ALLEY BETWEEN MAPLE AND CEDAR STREETS FROM THE NORTH LINE OF EAST 13th STREET TO A POINT 51.3 FEET SOUTH OF EAST 14th STREET; PROVIDING FOR THE CONVEYANCE OF SAID VACAT- ED STREETS AND ALLEY TO THE ABBUTTING OWNER, pre- sented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- inan Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council. man Moffatt, Murphy, Thompson, Van Duelman. Nays— None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- man Moffatt, Murphy, Thompson, Van Duelman. Nays— None. Dubuque, Iowa, December 11th, 1946 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1946, the Civil Service Commission conducted a promotional examin- nation for the position of Head Pub- lic Health Nurse, said examination being held November 26th, 1946. The Civil Service Commission herewith submits the names of those who passed this examination with an average of 70% or better. Name Average Harriet L. Hilton 94% Respectfully submitted, E. B. LYONS Chairman. C. S. HARKER R. M. BENN Commissioners. Attest: J. J. SHEA Clerk. Subscribed and sworn to before me a Notary Public this 12th day of December, 1946. Geraldine L. Demkier. Notary Public. Councilman Murphy moved that the report be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- man Moffatt, Murphy, Thompson, Van Duelman. Nays— None. Dubuque, Iowa, December 11th, 1946 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1946, the Civil Service Commission conducted a competitive exaimina- Special Session, December 16th, 1946 383 tion for the purpose of creating an eligible list for the position of Pub- lic Health Nurse, said examination being held December 11th, 1946. The Civil Service Commission herewith submits the names of those who passed this examination with an average of 70% or better. Name Average Mrs. Lois Holthaus 93% Respectfully submmitted, K. B. LYONS. Chairman. C. S. HARKER. R. M. Benn. Commissioners. Attest: J. J. SHEA Clerk. Subscribed and sworn to before me a Notary Public this 12th day of December, 1946. Geraldine L. Demkier. Notary Public. Councilman Moffatt moved that the report be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- man Moffatt, Murphy, Thompson, Van Duelman. Nays— None. Dubuque, Iowa, December 11th, 1946. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1946, the Civil Service Commission conducted a competitive examina- tion for the purpose of creating an eligible list for the position of Clerk -Stenographer, said examina- tion being held December 11th, 1946. The Civil Service Commission herewith submits the names of those who passed this examination with an average of 70% or better. Name Average Alice Alderon 81% Marie B. Link 81% Respectfully submmitted, E. B. LYONS. Chairman. C. S. HARKER. R. M. Benn. Commissioners. Attest: J. J. SHEA Clerk. Subscribed and sworn to before me a Notary Public this 12th day of December, 1946. Geraldine L. Demkier. Notary Public. Councilman Thompson moved that the report be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, December 11th, 1946. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1946, the Civil Service Commission conducted a competitive examina- tion for the purpose of creating an eligible list for the position of Food and Restaurant Inspector, said examination being held December 11th, 1946. The Civil Service Commission herewith submits the names of those who passed this examination with an average of 70% or better. Name Average Sylvia Jewell 83% H. J. Wymer 83% Thomas P. Fitzpatrick 81% Edw. L. Gilgann 30% L. B. Hinman 75% Respectfully submitted, E. B. LYONS. Chairman. C. S. HARKER. R. M. BENN. Commissioners. Attest: J. J. SHEA Clerk. Subscribed and sworn to before me a Notary Public this 12th day of December, 1946. Geraldine L. Demkier. Notary Public. Councilman Van Duelman moved that the report be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. 384. . Special Session, December 16th, 1946 December 14, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In the case of ex - police matron Mrs. Florence Lem - per vs. the City of Dubuque the District Court found that police matrons shall receive not less in any case than the minumum salary paid to policemen in the city in which they are appointed. (Section 5667, 1939 Code of Iowa). The City was directed to pay the salary dif- ferential for a period of five years back with 5% interest, which has since been done. Miss Mary Burke, police matron, is entitled to similar treatment. She was not paid the minimum salary of policemen until November 16, 1945. Therefore there is owing to her the salary differential for the five year period from Novem- ber 16, 1940 to November 16, 1945 with interest to date. As com- puted by John Brady, timekeeper for the Police Department, and Robert Marshall, City Auditor, this amounts to $1,296.40 net difference in salary, $232.39 in interest, or a total of $1,528.79 after the amount of $13.10 has been retained for pen- sion payments. I recommend that the City Coun- cil direct the issuance of a warrant in favor of Mary Burke in the sum of $1,528.79 and a warrant in favor of the Police Pension Fund in the sum of $13.10 as payment in full of the salary of Mary Burke, police matron. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and the City Auditor directed to draw a warrant in the amount of $1,528.79 in favor of Mary Burke and a warrant in favor of the Police Pension Fund in the amount of $13.10 as payment in full of the salary of Mary Burke, police mat, ron. Seconded by Councilman Mur. phy. Carried by the following vote: Yeas—Mayor Wharton, Council men Moffatt, Murphy, Thompson Van Duelman. Nays—None. December 16, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Request has been rade to the Building Department for variation from the building code In regard to chimneys. One code re- luires a chimney of masonry or other approved incombustible materials from the foundation to at [east two feet above the highest point of the roof, having a soot clean-out and to be lined through- out with terra cotta flue lining. It is requested that in lieu of the above, the City permit the use of transite pipe or equal extending from the top gas burning heating units to a point two feet above the point of the roof from which the flue issues. The question is pre- sented to the Council for determi- nation. Respectfully submitted, A. A. Rhomberg, City Manager. Mr. James Goddard addressed the Council in support of the request made to the Building Department. Councilman Murphy moved that the City Solicitor be requested to pre- pare a proper ordinance to amend the Building Code as requested. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 181-46 WHEREAS, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same been examined: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the following application be granted and the liceMe is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name. Address John E. Benda and Joseph J. Hes- selman, 343 Eighth Avenue. Special Session, December 16th, 1946 385 Passed, adopted and approved this 16th day of December, 1946. ALBERT WHARTON, M9yor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY,' W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 182-46 WHEREAS, applications f o r Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Frank J. Paar, 1828 Central Av- enue. Harold Chatfield, 2093 Washing- ton Street. Passed, adopted and approved this 16th day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 183-46 Whereas, heretofore application for Class "B" Beer Permit was filed by the within named applicant and It has received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicant have been inspected and found to comply with the ordinances of this City and he has filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plicant a Beer Permit. Class "B" Permit Name Address Frank J. Paar, 1828 Central Av- enue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 16th day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 184-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Frank J. Paar, 1828 Central Av- enue. Angela E. Martin, (Effective 1-1- 47), 280 Locust Street. Alfred and Lillian Hedley, (Ef- fective 1-1-47), 579 Eighth Avenue. John L. & Robert E. Cahill, (Ef- fective 1.1-47), 2003 Washington Street. 386 Special Session, December 16th, 1946 Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 16th day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 185-46 Whereas, a plat has been filed by Dubuque Homes, Inc., in which "Lots 18, 19, 20, 21 and 22, Sister's Addition in the City of Dubuque, Iowa" are platted as Stetmore Subdivision A Subdivision in the City of Du- buque, Iowa; and Whereas, said Plat has been duly examined, investigated, and approv- ed by the Planning and Zoning Commission of the City of Du- buque; and Whereas, upon said plat are streets designated as "Theisen Sheet" and "Jenni Street"; and Whereas, the owner has upon said plat dedicated said streets to the public; and Whereas, the City Council has examined said plat and has been fully advised in the matter, finds that said plat conforms to the City Ordinances relating thereto; and Whereas, the City Council fur- ther finds that the dedication of "Theisen Street" a n d "Jenni Street" should be accepted and con. firmed and THAT THE SAID PLAT SHOULD BE APPROVED. Whereas, the City Council finds that an 8" Sanitary Sewer has been built and paid for by Dubuque Homes, Inc. as follows: 327 lin, feet in Theisen Street 241 lin. feet in Jenni Street 568 lin, feet at a total of $1.899.44. Said cost being at the rate of $2.04 per front foot on the real estate abutting on said streets; and that other owners of real estate abutting on said street shall have the right to connect into said sani- tary sewer upon the payment of $2.04 per front foot of the property of the applicant to Dubuque Homes, Inc., its successors or assigns; and Whereas, Theisen Street and Jenni Streets are new streets un- improved, and the Council is of the opinion that said streets should be improved by placing of a 6" maca- dam base with asphalt wearing sur. face on all of Theisen Street and the Easterly half of Jenni Street wtih a combination concrete curb and gutter on both sides of Theisen Street and the easterly side ,of Jenni Street; and Whereas, the Engineer's esti- mated cost for said improvement is as follows: 987 lin. ft. of 24" concrete com- bination curb and gutter @ $2.25 per lin. foot........................$2,220.75 1450 sq. yds. 6" macadam base with asphalt wearing surface @ $2.00 per square yard ............ 2,900.00 Estimated Total Cost ...... $5,120.75 And, Whereas, it is the opinion of the City Council that said improve- ments should be made on or before July 1, 1947, that the plat filed herein be approved upon Dubuque Homes, Inc., filing with the City Clerk a Surety Company Bond in the sum of $5,000.00, which bond must be approved by the City Coun- cil, said bond to insure the con- struction and completion of the im- provements on Theisen and Jenni Streets on or before July 1, 1947, and said bond to provide for com- pliance with the provisions of Or. dinance No. 23-45, Subdivision Or- dinance of the City of Dubuque, and especially Sec. IV thereof. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: Sec. 1. That the dedication of "Theisen Street" and "Jenni Street" upon the plat of "STETMORE SUBDIVISION" be, and the same are hereby accept- ed for the purpose for which they are thus dedicated. Sec. 2. That the plat of "Lots 18, 19, 20, 21 and 22, Sister's Addition Special Session, December 16th, 1�6 387 In the City of Dubuque, Iowa, and which will be hereafter known as "Stetmore Subdivision" containing lots 1 to 19, inclusive, Theisen Street and Jenni Street" be and the same is hereby approved and the Mayor and Clerk are hereby direct- ed to endorse the approval of the City of Dubuque upon said plat provided: 1. That the "Dubuque Homes, Inc." sign the written acceptance and agreement hereto attached, agreeing to comply with all the terms and conditions contained in this Resolution and the following: a: That all persons living along, and adjacent to the sanitary sewers on Theisen and Jenni Streets shall have the right to connect with said sanitary sew- er, but such right shall be granted by the City Council of Dubuque upon Application be- ing made to said Council and by Applicant paying to the City Treasurer for Dubuque Homes, Inc., its successors or assigns, the sum of $2.04 per front foot for the property of Applicant abutting upon Thei- sen or Jenni Street. b: That Dubuque Homes, Inc. file with the City Clerk a surety company performance bond in the amount of $5,000.00, ac- ceptable to the City Council, insuring the construction and completion of the improve- ments on Theisen Street and Jenni Street on or before July 1, 1947 by a 6" macadam base with asphalt wearing surface on all of Theisen Street and the Easterly half of Jenni Street, and a concrete curb and gutter on both sides of Theisen Street and the Easterly side of Jenni Street, all as hereinbefore set out, all to be done with the ap- proval of the City Manager. Passed, adopted and approved this 16th day of December, 1946. ALBERT WHARTON,. Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W, MOFFATT, Councilmen Attest: J. J. SHEA, Acceptance of Resolution No. 185-46 Dubuque Homes, Inc. by author- ity of its Board of Directors, with full knowledge and understanding of all of the terms and conditions of Resolution No. 185-46, hereby accepts the same as adopted, and agree to abide by, comply with and carry out all of the terms and con- ditions thereof. Executed this 17th day of Decem- ber, 1946. DUBUQUE HOMES, INC. By C. E. Mettel President A. J. Mihm Secretary Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Performance Bond of the Du- buque Homes Inc. as Principal and Massachusetts Bonding and Insur- ance Company as Surety in the amount of $5,000.00 insuring the construction and completion of the improvements of Theisen Street and Jenni, Street on or before July 1, 1947, presented for approval. Councilman Moffatt moved the Performance Bond be approved and placed on file. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mayor Wharton announced the appointment of Councilman W. W. Moffatt and Councilman F. W. Thompson as the two members to represent the City of Dubuque on the Board of Directors of the Du- buque Community Chest. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Thompson. Carried by the fol - City Clerk I lowing vote: 388 Special Session, Deceni1wr Kith, 1946 Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, j City Clerk Approved ..� 1947 Adopted 19 . ................ � .. Councilmen Attest: .......... Ol City Clerk. tipecial Sessi ern, December 23rd, 1946 389 City Council (Official) Special Session, December 23rd, 1946. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consid- ering for final adoption Resolution No. 178.46, a resolution awarding the contract for the construction of the Kaufmann Avenue Sanitary Trunk Sewer to Joseph Ventrella and Son doing business as Mancini and Ventrella and Son of Chicago, Illinois, and acting on any other business as may properly come be- fore a regular meeting of the City Council. Councilman Murphy moved that the rules be suspended for the purpose of allowing any present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp. son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Communication of Peter H. Mc- Carthy suggesting that the contract for the construction of the Kuaf. mann Avenue Sanitary Trunk Sew- er be submitted to the City Solici- tor to give a legal opinion on the implications and possible complica- tions from the standpoint of the City of Dubuque of each separate paragraph, presented and read. Mr. Peter H. McCarthy address- ed the Council at some length In regard to his suggestions as out- lined in his communication rela. tive to the awarding of the con- tract for the construction of the Kaufmann Avenue Sanitary Trunk Sewer. Mr. Peter H. McCarthy upon being questioned by City Solicitor Kintzinger admitted that he was not a taxpayer in the City of Du- buque. Councilman Thompson moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (AWARDING CONTRACT) Resolution No. 178-46 Whereas, proposals have been submitted by contractors for the construction of the Kaufmann Av- enue Sanitary Trunk Sewer from the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water Works, thence southerly in the val- ley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Fin- ley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corporation line, thence south to the Intersec- tion of Seminary Street, thence westerly along Stout Road and As- bury Road to a manhole at the In- tersection of Asbury Road and Hill- crest Road pursuant to Resolution No. 164-46 and Joseph Ventrella and Son doing business as Mancini and Ventrella and Son of Chicago, Illinois contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Joseph Ventrella and Son doing business as Mancini and Ventrella and Son of Chicago, Illinois and the Mana. ger be and he is hereby directed to execute a contract on behalf of 390 Special Session, December 23rd, 1946 the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of Immdeiate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on December 16th, 1946. Passed and adopted this 23rd day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest'. J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the United States Conference of mayors advis- ing that by action of the Executive Committee of The United States Conference of Mayors that the City of Dubuque has been invited into the membership of the Conference beginning on January 1, 1947, pre- sented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Mof- fat. Caried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Louis and Raymond P. Wright requesting refunds on the unexpired portions of their Cigarette Permit No. 228 and their Class "B" Beer Permit No. 41, as they have discontinued business on December 16, 1946, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instucted to draw a warrant in the amount of $50.00 in favor of Louis and Raymond P. Wright to cover the amount of re- fund granted on the unexpired por- tion of their Cigarette Permit No. 228 and also to draw a warrant in the amount of $100.00 in favor of Louis and Raymond P. Wright to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 41. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Barbara A b i t z, (Charles), referred to the City Council by the Board of Super- visors, requesting suspension of the 1945 taxes on 1-3 Interest on Lots 50 and 51 Grandview Addition, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Frank J. Dougherty (Mary Agnes), referred to the City Council by the Board of Super- visors, requesting suspension of the 1945 taxes on 1-3 interest on Lots 172 and 173 Union Addition, pre sented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy,' Thompson, Van Duelman. Nays—None. Petition of John Kramer, Dee'd., (Theresa), referred to the City Council by the Board of Super- visors, requesting suspension of the 1945 taxes on 1-3 Interest on Part of Lot 168 Ham's Addition, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. 4 - .`moi■ Special Session, December 23rd, 1946 391 Petition of Jos. Promenschenkel, Dec'd., (Louise), referred to the City Council by the Board of Sup- ervisers, requesting suspension of the 1945 taxes on 1.3 interest on Lot 43 of Linehan Park Adidtion, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Minnie Rosenthal, Dec'd (Peter), referred to the City Council by the Board of Super- visors requesting suspension of the 1945 taxes on 1-3 interest on the East 56 feet of North 25 feet of Lot 561, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Jos. Sitterly, Dec'd., (Lena), referred to the City Coun- cil by the Board of Supervisors requesting suspension of the 1945 taxes on 1-3 interest on Lot 44 of Stafford's Add., presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Lucas Strub, Dec'd, (Emma), referred to the City Coun• cil by the Board of Supervisors requesting suspension of the 194E taxes on 1-3 interest on Lot 3 of A. McDaniel's Sub. West 1/2 of Lot 816 of A. McDaniel's Sub., Present ed and read. Councilman Van Duelman move( that the petition be referred to the City Solicitor for investigation an( �eport. Seconded by Councilman Murphy. Carried by the following rote: Yeas—Mayor Wharton, Council - nen Moffatt, Murphy, Thompson, Jan Duelman. Nays—None. Petition of Frank Thiering, Decd. (Caroline), referred to the City I.ouncil by the Board of Super- visors, requesting suspension of the 1945 taxes on 1.3 interest on Lots 7 and 8 of Rodger's Sub., presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Communication of Arthur C. Kauf- man submitting offer in the amount of $125.00 for the purchase of Lot 1 of McCraneys 1st Addition and Lots 116, 117, 118 and 119 Part of Ham's Addition, presented and read. Councilman Thompson moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 45-46 An Ordinance vacating the fol- lowing: East 13th Street from the East line of Maple Street to the East line of Cedar Street; Cedar Street from the North line of East 13th Street northerly to a point 51.3 feet from the South line of East 14th Street; the alley between Maple and Cedar Streets from the North line of Eeast 13th Street to a point 51.3 feet South of East 14th Street; Providing for the convey- ance of said vacated streets and alley to the abutting owner, said ordinance having been passed upon first reading on December 16th, 1946, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. 392 Special Session, December 23rd, 1946 ORDINANCE NO. 45-46 AE VACATING THE �.NGC hOLLON�EAST 13TH STREET FROM THE EAST LINE OF MA- PLE STREET TO THE EAST LINE. OF CEDAR STREET: CE- DAR STREET FROM THE NORTH LINE OF EAST 13TH STREET NORTHERLY TO A POINT 51.3 FEET FROM THE SOUTH LINE OF EAST 14TH STREET; THE ALLEY 13ETWEEN MAPLE AND CEDAR FROM THE NORTH LINE STREETS OF EAST 13TH A POINTFEET SOUTHTOFOEAST 1 THS1.3 STREET PROVIDING FOR THE CON- VEYANCE OF SAID VACATED STREETS AND ALLEY TO THE ABUTTING OWNER. WHEREAS, a petition has been filed requesting the vacation of cer- tain parts of streets and alley, above described; and WHEREAS, said application was referred to the Planning and Zoning Commission of the City of Dubuque; and WHEREAS, said Planning and Zon- ing Commission, after due investiga- tion, filed a written report recom- mending that the parts of the streets and alley above described be vacated and conveyed upon certain condi- tions; and WHEREAS, there appears to be no valid objections to the vacation of the parts of the said streets and alley heretofore described; NOW, THEREFORE, BE IT OR- DAINED IN THE CITY COUNCIL OF THE CITY OF DUBUQUE: SECTION 1. That that part of East 13th Street from the East Line of Maple Street to the East Line of Cedar Street. Cedar Street from the North Line of East 13th Street, north- erly to a point 51.3 feet from the South Line of East 14th Street, and that part of the alley between Maple and Cedar Streets from the north' line of East 13th Street to a point 51.3 feet south of East 14th Street, be and the same are hereby vacated. SECTION 2. That in consideration of the conveyance by the applicant of Lots 281 and 345 in East Dubuque Addition to the City of Dubuque the vacated areas be granted and con- veyed to the A. Y. McDonald Manu- facturing Company subject to the -reservation that all sewers, drains and water mains located upon or within the vacated areas shall continue to he the property and under the su- pervision and control of the City of Dubuque, its offificers and employees, including the right and power to enter upon the premises for all proper pub- lic uses and purposes and. In the event of any repairs, replacements or relocations become necessary in or upon such sewers, drains and wa- ter mains or services because of any action or conduct upon the part of the A. Y. McDonald Manufacturing Company, its agents or employees, such sewers, drains and water mains and services shall be repaired, re- built or relocated at the expense of said A. Y. McDonald Manufacturing Company. SECTION 3. That the Applicanl shall cause a plat to be made whereir, that part of the streets and alle3 now being vacated shall each be giver a legal description. SECTION 4. That the Mayor and 7lerk of Dubuque are hereby au- thorized to execute a quit claim geed conveying that part of the streets and alley above described to the A. Y. McDonald Manufacturing lompany subject to reservations here - n referred to. SECTION 5. That said deed shall be delivered to the A. Y. McDonald Manufacturing Company upon deliv- ery to the City of Dubuque of a war- ranty deed by A. Y. McDonald Manu- facturing Company, conveying to the City of Dubuque Lot 281 and Lot 345 In East Dubuque Addition in the City of Dubuque. SECTION 6. That the City Clerk be and he is hereby directed to file a certified copy of this Ordinance In the office of the County Recorder of Dubuque County, Iowa. SECTION 7. That this Ordinance shall be in force and effect from and after its final passage, adoption and approval by the City Council, publi- cation as provided by law and when the cost of publishing same has been paid for by petitioner. Passed upon first reading December 16, 1946. Passed, adopted and approved upon final reading this 23rd day of Decem- ber, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Attest: Councilmen. J. J. Shea, City Clerk. Published offlelally in The Tele- graph -Herald newspaper, this 27th day of December, 1946. J. J. SHEA, 12-27-1t City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Mofaftt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 46-46 An Ordinance amending the "Building Code of the City of Du- buque, Iowa," by permitting dif- ferent type chimneys for gas burn- ing heating units, presented and read. , Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Special Session, December 23rd, 1946 393 Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. December 20, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I am submitting herewith reports of the City Audi- tor, City Treasurer, Health Depart- ment and City Water Department, also list of claims and list of pay- rolls for the month of November, 1946. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Thompson moved that the reports be received and placed on file. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Mofatt, Murphy, Thompson, Van Duelman. Nays—None. December 23, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of November 25, 1946 the communica- tion of E. B. Mathewson Company informing the City that the Iowa Development Company does not in- tend to install sanitary sewers in Valley View Road and in Asbury Road was referred to the City Man. agter , for recommendation and re- port. I have looked into the matter and find that the Iowa Development Company has revised its plans of connecting some of the lots and ie able to provide sewer facilities for its properties without installing the sewer mains in Valley View and Asbury Street. It is my recommendation that Or- dinance No. 29.46 be amended by deleting from the second paragraph of Section 1 the following two parts: "912 lineal feet of sanitary sewer in Asbury Street from the east line of Avalon to the west line of Chaney, at which point it shall enter into an existing manhole" and "175 in Valley View." The ordi- nance amending Ordinance No. 29.46 should also provide for an acceptance on the part of the Iowa Development Company as did the original. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved and the City Solicitor requested to prepare the proper ordinance. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Mofaftt, Murphy, Thompson, Van Duelman. Nays—None. December 23, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of November 25, 1946 the offer to Mrs. Grace Shireman to purchase Lot 15 of Union Addition for $125.00 was referred to the Council to view the grounds. The Council having visited the premises decided to accept the of- fer. I recommend that the decision of the Council be confirmed by the passage of the attached resolution. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Moffatt moved that the recommendation of City Mana- ger Rhomberg be approved. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. -i Special Session, December 23rd, 1946 Resolution No. 186.46 Be It Resolved by the ,City Coun- cil of the City of Dubuque, Iowa that it is deemed advisable to sell Lot Fifteen (15) of Union Addition in the City of Dubuque, Iowa to Grace Shireman for the sum of One Hundred Twenty -Five and no -100 ($125.00) Dollars, and to execute a quit claim deed of said premises to said grantee and deliver the same to her upon the payment of said purchase price. Be It Further Resolved That the Mayor and Clerk of said City of Dubuque be, and they are hereby authorized to execute said deed on behalf of the City of Dubuque, and to affix thereto the official seal of said City. Passed, adopted and approved this 23rd day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFAT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Peter Pedersen re- questing permission to erect a six room General Timber Service, Inc., prefabricated house in the City of Dubuque, Iowa, presented and read. Councilman Thompson moved that the request be granted. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Emmet J. Kavanaugh requesting permission to erect a six room General Timber Service, Inc. prefabricated house in the City of Dubuque, Iowa, presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that Mrs. Mabel R. Hoffmann be ap- pointed as a member of the Library Board to fill the unexpired term of Mrs. R. V. McKay, recently deceas- ed,, said term expiring July 1, 1947. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk Councilmen: . ! � / > ! �\ : �- $ .- � . .: �` -� ��(�� � �� � � ^\ � � � ` � , \ _ .� - 5 � :, � � < � �_ : . � � � � 1 \_. \� f� �� // � z� /�w ; � � � OFFICIAL PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA For the Year 1947 CITY OFFICERS FOR THE YEAR 1947 COUNCILMEN .... GEO. R. MURPHY, Mayor W. W. MOFFATT ALBERT WHARTON F. W. THOMPSON FRANK VAN DUELMAN City Clerk, J. J. SHEA City Solicitor, JOHN J. KINTZINGER City Manager, A. A. Rhomberg City Treasurer--- OTTO F. PULS EDWARD M. TSCHIRGI City Auditor— R P. MARSHALL Chief of Fire Department— PERRY KIRCH THOMAS C. HICIiSON Police Judge— JOHN C. OBERHAUSEN Building Inspector— DONALD J. BANDY Electrical Inspector— LUVERN C. NORTON Plumbing Inspector— D. J. O'LEARY City Assessor— HARRY J. HANOVER Superintendent of Water Works— J. J. HAIL Chief of Police— JOSEPH H. STRUB Health Director— DR. A. J. ENTRINGER Sanitary Officer— JOSEPH T. SCHARRY Milk Inspector— V. F. CHAPMAN Food and Restaurant Inspectors— H. J. WYMER MRS. SYLVIA JEWELL Market Master— C. J. McCARTHY Director of Recreation— HYLDA N. LUKE Regular meetings of the City Council are held the first Monday of each month at 7:30 o'clock. N DEX — Book 77 1947 SUBJECT Page A Jan. 6—Abitz, Barbara (Charles), requesting suspension of taxes 4 " 6—Alba, Cruso A. Granted Class "C" beer permit ................ 7 " 15—Aviation Consultants invited to meet with the City Coun- cil with a view to having a Master Plan on Airport facilities prepared together with their recommenda- tions for the future operation and maintenance of the Municipal Airport........................................................ 15 Feb. 3—Auxiliary of the United Spanish War Veterans request- ing permission for the holding of a tag day on April 26, 1947.................................................................................... 18 " 3—Area bounded by West Third Street, Burch Street and Hill Street, rezoning the entire area into Multiple Residence District Classification....................................21-24-32-33 " 3—Anthoine, Louis and Angella, granted Class "B" beer permit... __.._....................................................................... 22-23 " 24—Automatic Airmail Inc., Docket No. 415, in the matter of applications before the Civil Aeronautics Board...... 27 " 24—Apel, Wm. H., granted Class "C" beer permit .................... 29 Mar. 3—American Veterans of World War II, Dubuque Post No. 3, granted Class "B" beer permit ........................................ 37 " 14—Assignment and Agreement between Grey's Motor Ser- vice and Charles J. Wilson Company of the contract for the clearing, grubbing and grading of Wooten Street Contract...................................................................... 41-80 " 14—Aviation Services Company of Minneapolis, propsal and form of contract for furnishing consultant services for the development, operation and maintenance of the Municipal Airport......................................................47-64-91-124 " 21—Approval of C. Fred Porter, State Comptroller, of resolu- tion and application for the permanent transfer of $15,000.00 from the Water Works General Fund to the Consolidated Fund which comprises the Improve- mentFund ............................................................................ 51 " 21—Alderson, Richard J., granted Class "B" beer permit ........ 65 " 28 --Audubon Street, petition of Eldon J. Fleege et al., request- ing that said street be paved with concrete ................ 70-98 April 7—Appointment of officers of the City of Dubuque and pre- scribing their salaries and fixing their bonds .............. 77 " 7—Appointment of officers and employees by the City Man- ager, whom he has the power to appoint ........................ 77 " 7—Appointment of The Telegraph -Herald newspaper as the official newspaper . ................................................................ 78 " 7—Appointment of the First National Bank, American Trust and Savings Bank and the Dubuque Bank and Trust Company as the depositories for public funds of the Cityof Dubuque.................................................................... 78-107 78 " 7—Appointment of the Board of Review ............... I..................... " 7—American Trust and Savings Bank appointed as a deposi- tory of public funds of the City of Dubuque ................ 78-107 May 5—Ackerer, Anna, Notice of Claim of ........................................... 90-118 94 " 5—Annual report of the Librarian of the Public Library.... " 5—Annual report of the Board of Trustees of the Public " 5—Annual Library..... . ... .. ................... ........m ............................ .....oa report of the Boa.oY Dock Comissioners........ rd 94 94 " 9—Approval of Treasurer of State, J. M. Grimes, of Reso- lution No. 36-47 designating the depositories for 107 public funds of the City of Dubuque .......................... . 119 " 16—Avery, Earl T., granted Class "C" beer permit .................. " 26—Annual report of The Key City Gas Company for the 123 June 2—Alderson, calendar year 1946.............................................................. James, authorizing and directing the Mayor and Clerk to execute for and on behalf of the City INDEX—Book 77 1947 SUBJECT Page A of Dubuque a Quit Claim Deed of Lots 1 and 2 of Lot 20A of Oxford Heights to James Alderson............ 130.131 " 30—Approval report of the location of the Municipal Airport by the Department of Commerce Civil Aeronautics Administration, the Public Roads Administration, the Iowa Highway Commission, the State Aero. nautics Commission .................. ..................................... . 150-151 " 30—American Veterans of World War II, (Amvets), granted cigarettepermit.................................................................... 159 " 30—Apel, Arthur, granted cigarette permit ................................ 159 " 30—American Legion granted cigarette permit .......................... 159 " 30—Apel, Merlin, granted cigarette permit .................................. " 160 30—Anthoine, Louis, granted cigarette permit ............................ " 160 30—Arvanitis, George P., granted cigarette permit .................... 160 " 30—Apel, Peter J., granted cigarette permit ................................ " 160 30—Avery, Earl, granted cigarette permit .................................... " 160 30—Alderson, Richard J., granted cigarette permit .................. " 161 30—Alba, Cruso A., granted cigarette permit ................ 161 July 7—Arlington Street, recommendation of Chief Police of that parking be prohibited on the south side of the street from Grove Terrace to Prairie Street ............................ " 173-201 7—Algona Street, recommendation of Chief of Police that parking be prohibited on the west side of the street from University Avenue to Bennett Street .................. " 173-201 17—Apel, William H., granted cigarette permit .................. Aug. 4—Approval of State Comptroller, R. E. Johnson, 178 of Resal.. tion No. 90-47, a resolution and application for ap- proval to levy an emergency tax ............ 207 4—Appel, Anna, frame building in the rear of 625 Central Avenue and located on the south one-half of City Lot 245, recommendation of the Building Inspector, Fire Chief and Health Director that a condemnation committee be appointed to inspect the above men- tioned properties and submit their recommendation and report according to law................213-214-275-276.313-314.330 " 11—Amvets Auxiliary, Post No. 3, requesting permission to hold their white clover sale on either August 15th or 16th, 1947 ........................... " 11—Audubon Street from the north "n "' " � ' Property line of Loris 236 Boulevard to the north Property line of Dexter Street, widening and paving of said street .................. „ • • • • • .I....... 239-240-252.253-254-269-282-283-292-297-308-309-347-355 25—Appel, Wm. F. and Belle L., stating objections to the resolution of necessity, proposed plans and specifica- tions, form of contract and cost of construction of the Bradley Street sanitary sewer, lift station and force main .............................. Sept. 29—Abersold, Mary, granted cigarette permit ............................ Oct. 6—Apel, Merlin, 241 286 granted Class "C" beer permit ........................ " 13—Agreement with the Chicago, Burlington & Quincy Rail- 292-293 road Company to provide a railroad siding into Lots 9, 10 and 11 of Industrial Sub. No. 2 to serve the warehouse and storage yard of the Water Depart- ment....................................... .............. Nov. 3—Algonquin Ohemical Company requesting that Lot 1 of ............... Rock Cut Subdivision be zoned 302 rea as a heavy lmdustriad 3 --Alder ...................... .... son, Richard J. requesting refunds on his cigarette permit and also on his Class "B" 306-353 beer permit............ 3—American Veterans of World War II, Dubuque Post No. 308 3, granted Class "B" beer permit for Private Club........ 3—Apel, Peter J., granted Class "C" beer 319 permit .................... Dec. 1—Alba, Cruso A., granted Class "C" beer permit 319 ................... 351 INDEX—Book 77 1947 SUBJECT P;I'o A 19—American Legion, W. E. Schaefer, Adjutant, submitting copy of a resolution adopted by the American Legion asking that the City Council submit to the voters the question: "Shall the City of Dubuque place the management and control of its Airport yin an Airport Commission? >......................................................................... 355 19—Abitz, Barbara, requesting suspension of the 1947 tax on Lots 50 and 51, Grandview Avenue Addition ................ 356 19—Amvets, Dubuque Post No. 3, Rent Control Committee, appealing to the City Council for action to alleviate the housing crisis .in Dubuque, particularly as it per- tains to evictions................................................................ 357 19—Agreement between the City of Dubuque and County of Dubuque, called the Owner, and Dougher, Rich & Woodburn, Architects and Engineers, Des Moines, Iowa, in regard to the erection of a new combined County Court House, City Hall -Jail Building..............361-362-363 INDEX—Book 77 1947 SUBJECT ru t B Feb. 3—Boyer, Charles J. and Julius J., requesting the rezoning of their property in O'Connor's Sub. that fronts on Southern Avenue in the 300 block........ 18-42-43-51-85-100-101-123 " 3—Bly, Leo F., requesting the rezoning of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot 63 ...................................... 19-43 " 3—Burroughs, J., requesting the vacation of the alley ad- joining Lots 37 to 41 of Rose Hill Addition, report of the Planning and Zoning Commission .................. 20-85-93-112 " 3—Building Inspector advising that an order has been placed for the erection of a fire escape on the building owned by Mrs. Margaret C. Hussmann, located at 1046 Central Avenue.......................................................... 21 " 3—Building Inspector advising that an order has been placed for the erection of a fire escape on the building owned by Frank Pusateri located at 1296 Central Avenue........................................................................................ " 3--Bournias, Rhea, granted Class "C" beer permit .................. 21 22-23 Mar. 3-13ottoms, Willard C., submitting letter in regard to the problem of getting additional revenues for munici- palities without lucreasing property taxes .................. 31 " 3—Buol, Frank and Magdalena, submitting offer in the amount of $100.00 for the purchase of Lot 1 of Mc- Craney's 1st Addition.......................................................... 31-45 " 3—Bus Stop Signs be augmented to read "No Parking To Corner".................................................................................... 32 " 3—Board of Dock Commissioners explaining in detail the request for easement in favor of the Interstate Power Company over properties owned by the Municipality 32 " 3—Buechel, Louis, Excavation Bond ............................................ 34 " 3—Building Inspector Bandy, submitting report on the ap- plication of Anthony W. and Donald C. Moes, Jahn and Helen Glynn, John E. and June Noel, Harry A. and Grace Rawson and Mrs. Florence Helmer for Class "B" beer permits ...................................................... 35 " 14—Bardick, Paul, Notice of Claim .............................................. 40-84 " 14—Bus Route Ordinance to be amended to change the route of the East Dubuque Bus .................................................. 42-53 " 14—Budget Estimate of Expenditures for the fiscal year be- ginning April 1, 1947, and ending March 31, 1948, notice of hearing upon the proposal to amend said Budget Estimate of Expenditures .................................. 46-66 " 21—Buechele, John, for his wife Clementine Buechele, Notice ofClaim.................................................................................. 50-96 " 21—Bradley Street sanitary sewer, To construct ........................ 50 " 28—Bus routes, request that same be established on Park Hill District and Kaufmann Avenue .............................. 70 " 28—Bols•inger, Anna, in regard to the proposed bus routes on the Park Hill District and also on Kaufmann Avenue, also in regard to the proposed extension of Gay Stret to connect the Park Hill District with Kaufmann Avenue by way of Kane Street, also that a water main be constructed in Kane Street............ 70-99 " 28—Barrington, Wm. F. and Ann, granted cigarette permit 73 " 28—Barrington, Wm. F. and Ann, granted Class "B" beer permit...................................................................................... 73 " 28—Board of Health, Special Session .......................................... 76 April 7—Banks appointed as depositories of public funds ................ 78 " 7—Board of Review appointments .............................................. 78 " 7—Blades, Henrietta, Notice of Claim ........................................ 81-96 " 7 --Barrington, Wm. F., and Clifford Calvert, requesting a refund on their cigarette permit ...................................... 82 " 7—Barrington, Wm. F., granted cigarette permit .................. 86 " 7—Barrington, Wm. F., granted Class "B" beer permiit........ 86 INDEX—Book 77 1947 SUBJECT Page B May 5—Behnke, Anna, Notice of Claim ................................................90.117.118 " 5—Beutin, William, asking that sewer and water mains be run to his lot on the corner of Strauss and Balke Streets as he is going to build on Lot 54 do Belmont Add........................................................................................... 92-130 " 5—Barrington, Wm. F. and Ann, requesting a refund on their Class .,B„ beer permit........................................................ 93 " 5—Brandt, Mary F., requesting suspension of the 1946 tax on the South 1/2 of Lot 162 of East Dubuque Add..... 93.108 " 5—Board of Trustees of the Public Library, annual report 94 " 5—Board of Dock Commissioners, annual report .................... 94 " 5—Brady, Jahn A., Clerk of Police Court, bond .................... 97 " 5—Black and White, Yellow, and Checker Cab Co., Taxi- cabBond................................................................................ 97 " 5—Beresford, Walter H., and Al Neumeister, granted cigar- ettepermit.............................................................................. 102 " 5—Bowen, Robert J., granted Class "B" beer permit............ 103 " 5—Building Inspector advising Council that Bradley & Ma- clay, owners of the building located at 605 Main Street, have not complied with an order to erect a fire escape on said building and advising Council that the Building Department will be unable to sign the application of George T. Vrotsos and Spiros D. Coven for a beer permit until the order to erect a fire escape has been complied with ................................ 103-104 " 9 --Bradley & Maclay, by John H. Maclay, advising that an order has been placed to install an outside metal stairway on the building located at the northwest corner of 6th and Main Streets......................................107-126.127 " 9—Board of Adjustment, relative to the application received from the Huff Lumber Co. for permission to estab- lish a Stone Quarry on property owned by them fronting 32nd Street just west of Central Avenue .110-137-138 " 16—Blasting Bond of Linwood Cemetery Association, Ap- provalof.................................................................................. 116 " 26—Building Inspector authorized to issue permits for the erection of General Timber Panel Houses in the City ofDubuque............................................................................ 124 " 26—Bowlby, V. E., submitting application for a permit to erect a General Timber Service Co. panel home on Lot 9 of Datisman's Sub. on Hale Street .................... 124 June 2—Buckley, Helen T., conveying to the City of Dubuque by Quit Claim Deed Lot 2 of Lot 9 of Yale Court.......... 130-131 " 2—Board of Review, report for the year 1947 ............................ 133 " 2—Building Inspector advising Council that the Ryder Realty Company, owners of the building located at 238-240 West 6th Street, have ordered a fire escape to be constructed on said building ................................ 136-137 " 5—Bureau of Community Facilities of the Federal Works Agency, authorizing and directing the City Manager to enter into an agreement for the advance of funds for the advance planning of a combination Court House -City Hall -Jail Building .................. .........• •• 147 139-144 " 20—Beaves, " 20—Barrington, Geo. I., excavation bond ........................................... Wm. F., transfer of address of Class "B" " 20—Burke, beerpermit......................................................... Mrs. Josephine, granted Class "B" beer permit .:. 146-147 146-147 " 20—Bureau of Community Facilities of the Federal Works Agency, authorizing and directing the City Manager for the advance of funds for to enter an agreement the advance planning of a complete system of storm ... 148.149 relief sewers I N DEX — Book 77 StrBJECT Page B " 30—Berntgen, Frank H., granted cigarette permit .................... 168 " 30—Baumgartner, John J. and John M., granted cigarette 158 " 30—Brammer, permit........................... .......................................................... Roy and Rex, granted cigarette permit............ 159 " 30—Bowen, Clarence J., and Robert L. Hanson granted cigar- 169 ette permit ........................................................................ 169 " 30—Beck, John C., granted cigarette permit ......................•••.••..•••• 160 " 30—B.P.O.E. " 30—Bertsch, Club granted cigarette permit ................................ Leonard P., granted cigarette permit .................... 160 " 30—Buelow, Clarence C., granted cigarette permit .................... 160 " 30—Beresford, Walter H., and Al Neumeister granted cigar- ettepermit.............................................................................. 160 " 30—Bournias, Louis and Rhea, granted cigarette permit........ 161 161 " 30—Braun, " 30—Barrington, Henry C., granted cigarette permit ........................ Wm. F. and Leon C., granted cigarette permdt 161 " 30—Bowen, Robert J., granted cigarette permit ........................ 161 161 " 30—Burke, Mrs. Josephine, granted cigarette permit ................ " 30—Berntgen, Frank H. and Marion, granted Class "B" beer 162-163 .............................................................................. permit...... " 30—Buelow, Clarence C. and Adele, granted Class "B" beer .................................................................................. . permit162-164 " 30—Benevolent and Protective Order of Elks granted Class "B" beer permit for private club ............................ I....... 163-164 " 30—Building Inspector Bandy advising Council that J. D. Jenkins and F. J. Fitzpatrick have ordered the erec- tion of a fire escape on their building located at 576 CentralAvenue..................................................................... 164 " 30—Building Inspector Bandy advising Council that J. J. Nagle, owner of the building located at 127 West 6th Street, have ordered the construction and installa- tion of a new inside stairway to serve the second and third floors of this building and the removal of the present stairway and cellar entrance that now occupies part of the city street ........................................ 165 " 30—Building Inspector Bandy advising Council that the Build- ing Department will be unable to sign the applica- tion of Harry A. and Grace Rawson for a Class "B" beer permit to be located at 342 Main Street until such time as the fire safety provisions on this build- ing is complied with............................................................ 166 " 30—Building Inspector Bandy advising Council that the Building Department will be unable to sign the ap- plication of Anthony W. and Donald C. Moes for a Class "B" beer permit to be located at 698 Central Avenue until such time as the owner of the build- ing, Dr. A. M. Loes, complies with the fire safety provisions on this building ............................................... 166 July 7—Board of Dock Commissioners submitting dock budget estimate for the flscad year 1948-1949 ........................... 169 " 7—Booth Street, parking to be prohibited on the east side of the street from West Fifth Street to University Avenue.................................................................................... 173.201 " 7—Building Inspector Bandy advising Council that Harry A. Rawson, owner of the building located at 342 Main Street, has ordered the construction and installation of a fire escape on this building ...................................... 174 " 17—Bradberry, Hazel, granted cigarette permit .......................... 178 " 17—Building Inspector Bandy advising that Dr. A. M. Loss, owner of the building located at 698 Central Avenue, has ordered a fire escape to be constructed and in- stadled on this building .................................................... 179 " 21—Blum, Dorothy, granted Class "B" beer permit ................. 186-205 INDEX—Book 77 1947 SUBJECT Page 25—Budget Estimate of Expenditures for the fiscal year be- ginning April 1, 1948, and ending March 31, 1949, 189.190-191.102-193-194-19 5-196.197-198-199-200-222-223- 224-225-226.227-22 8-229.230-231-232-233.234-235 25—Building Inspector Bandy instructed to issue one build- ing permit for the erection of a Butler Mfg. Co. Boulevard Home of aluminum construction ................ 202 25—Blum, Dorothy, granted cigarette permit ............................ 204 Aug. 4—Building Inspector, Fire Chief and Health Director recom- mending that a condemnation committee be ap- pointed to inspect the frame barn and a series of sheds and garages in the rear of 15 Bduff Street, located on Lots 3 and 4 of the Subdivision of Lots 2 and 2 and 3 of City Lot 598 and Lot 4; being owned by Nellie Clancy, -and Lot 3, being owned by Marie and Nellie Clancy; also frame buildings in the rear of 625 Central Avenue, located on the south one-half of City Lot 245 and owned by Anna Appel, and to submit their report and recommendation as provided bylaw ................................................ ........................... 213-214.275.27G 4—Bradley Street from Dunning Street to North End, recom- mendation of City Manager Rhomberg that said street be paved..................................................................... 214 4—Booth Street from University Avenue to Loras Blvd., recommendation of City Manager Rhomberg that said street be paved............................................................ 214 4—Bradley Street Sewer District, construction of an 8 -inch sanitary sewer, reinforced concrete lift station, and a 6 -inch cast iron force main ................... ............. 216-217-218-241-242 Sept. 2—Board of Dock Commissioners notifying the Council that they have leased the front footage on Peosta Street, from East 16th Street to the Stone Arch Bridge on Hawthorne Street, and the west short line of the Mdssissippi River from the northerly dine of Mineral Lots 296 and 297 northerly to Kimball Street, exclu- sive of private property in that area to M. P. Gauer 256 2—Building Inspector, Fire Chief and Health Director recom. mending that a condemnation committee be ap- pointed to inspect the 2 -story frame shed directly in the rear of 534 Rhomberg Avenue and located on Lots 23 and 24 of High Street Sub., owned by An- toinette M. Scharle and to submit their report and recommendation as provided by law ............. ....... 257-258.275.276 " 2—Building Inspector, Fire Chief and Health Director recommending that a condemnation committee be appointed to inspect a 2 -story building located on the N. 141/2 feet of the South 2-5 of City Lot 444 and owned by Rose Hoefflin et al. and Lena Kleih and to submit their report and recommendation as provided by law..........................................................................258 275 276 ...... 260 " 2—Burke, Richard J., excavation bond ................................... 1. 2—Barrington, Mrs. Margaret, granted Class "B" bee....r per, 262.263 mit....................... 22—Bolte, Mrs. Arthur, notice of claim ...................................... 270.298 22—Bowen, Clarence J., notice of claim ................................••...... 270 22—Blue, Robert D., Governor of Iowa, in regard to the re- turn of the bodies of the soldier dead by the War 270 Department ............. ............ ................................................. . 22—Barrington, Wm. F., requesting a refund on his Class "C" 2 beerpermit .................................................................. 27 22—Bids for the purchase of a new fire pumper, recommenda- tion of City Manager Rhomberg that the Council so- licit bids for the purchase of same .............. 274-296-297-320-325 INDEX—Book 77 1947 SUBJECT Page B " 22—Building Inspector authorized to issue permits upon ap- plication for the erection of Butler Boulevard Houses of aluminum construction.................................................. 274 " 29—Barrington, Wm, F. and Leon C., requesting a refund on their cigarette permit ...................................................... 283 " 29 --Building Inspector advising Councitl that John E. Noel, owner of the building located at 2400 Central Ave- nue, has ordered a fire escape to be constructed onsaid building.................................................................... 283-284 " 29—Barrington, Mrs. Margaret, granted cigarette permit........ 285 Oct. 6—Baumgartner, John M. and John J., granted Class "B" beerpermit............................................................................ 292-293 " 6—Bowen, Clarence J., and Robert L. Hanson granted Class "B" beer permit.................................................................... 292-293 Nov. 3-13rady, John A., et al. requesting that oil be sprayed on both Laurel and Cannon Streets for the reason of the dust condition on said streets .................................. 307 " 3—B. & N. Market, by Al. Neumeister, requesting a refund on their cigarette permit .................................................. 308 " 3—Blasting Bond of Mancini and Ventrella and Son .............. 309 " 3—Budget for the office of City Assessor for the year 1948, approvalof same.................................................................. 312-313 " 3—Building Inspector Bandy advising that Leo Diener, own- er of the building located at 659 Central Avenue, has ordered the construction of a fire escape on saidbuilding.......................................................................... 317 " 3—Beecher, Joseph and Eldon, granted Class "B" beer permit...................................................................................... 319 " 10—Bluff Street residents between 5th Street and 8th Ave- nue in regard to the placing of parking meters on Bluff Street............................................................................ 323 " 17—Baxter, F. V., Realtor, In regard to the cancellation of the 1930.1931-1932 taxes on the undivided one=half of Lot 8 in McGrath's Subdivision ...................................... 332 Dec. 19—Butt, Homer V., Sr., et al. requesting that the proposed parking restrictive ordinance be amended before final adoption by eliminating the restriction as it re- fers to the alleyway between Main and Iowa Streets and extending from West 12th Street to Loras Boulevard................................................................................ 353 " 19—Bowen, Clarence and Bessie, original notice of suit.......... 354 " 19—Bertsch, Roger M., requesting a refund on. his Class "B" beerpermit............................................................................ 357 " 19—Barrington, Wm. F., and Walter J. Duccini granted cig- arettepermit.......................................................................... 360 " 19—Barrington, Wm. F., and Walter J. Duccini granted Class „B.' beer permit ..................................... I.............................. 360-361 INDEX—Book 77 1947 SUBJECT Page C Jan. 6—City Council, Regular Session .................................................. 1 " 6—Claims for the month of November, 1946, proof of pub- lication.................................................................................... 4 " 15—City Council, Special Session .................................................. 9 " 15—Council Proceedings for the month of August, 1946, ap- provedas printed................................................................ 11 " 15—City Treasurer, City Auditor, City Health Department, City Water Department, reports for the month of December, 1946, also a list of claims for the month ofDecember, 1947................................................................ 13 " 15—Club University, application for a Class "B" beer permit for private club.................................................................... 14-15 Feb. 3—Czizek & Czizek, by M. H. Czizek, requesting that there be no further delay with the construction of the sewer in front of the Albert Dolan property located at 2924 Shiras Street............................................................18-19-142 " 3—Claims for the month of December, 1946, proof of publi- cation........................................................................................ 19 " 3—Council Proceedings for the months of September and October, 1946, approved as printed ................................ 19 " 3—Cooper, Fred H., and Leo V. Cunningham granted cigar- ettepermit................................................................................ 22 " 3—Chatfield, Harald, granted Class "B" beer permit ................ 23 " 3—Cooper, Fred H., and Leo V. Cunningham granted Class "B" beer permit.................................................................... 22-23 " 3—Collins, William P., granted Class "B" beer permit.......... 22-23 " 3—City Manager instructed to confer with the Aviation Committee of the Chamber of Commerce to the end that the City of Dubuque be provided with through Transcontinental Air Service and that the proper officials of the Civil Aeronautics Board be contacted in furthering the project .................................................. 23 " 24—City Council, Special Session ...................................................... 24 " 24—Cadden, Mrs. Emery, et al., requesting the installation of a street dight on the corner of West 5th and Rob- ertsStreet.............................................................................. " Chris Martin, requesting refunds on 25.98 24—Cooper, Fred H., and both their cigarette permit and beer permit ................ 25.26 " 24—Civil Aeronautics Board in the Matter of the Applica- tions of Automatic Airmail, Inc., Docket No. 415, for permanent certificates of public convenience and necessity under Section 401 of the Civil Aeronautics Act of 1938 ...................................................... ........................ 27 " 24—City of Dubuque and Chamber of Commerce for leave to intervene in support of the proposal of Mid -Continent Airlines, Inc., in the rehearing, reargument, or re- consideration of the Board's findings in North Cen- tral Case, pursuant to Rule 4 (b) of Section 285.1, Rules of Practice, under Title IV of the Civil Aero- nauticsAct.............. .............................................. .... ....... .... " 24—Claims for the month of January, 1947, proof of publi- 27 cation..................................... ............. .... .............. ..... ............. " 24—Council Proceedings for the month of November, 1946, ap 27 ... proved as printed............................................................. " 24—City Auditor, City Treasurer, City Health Department 28 and City Water Department reports for the month of January, 1947, also a list of claims for which war- 28 rants were issued for the month of January, 1947.... 31 Mar. 3—City Council, Regular Session ................... ......................... INDEX —Book 77 SUBJECT 1947 Page C " 3—Counditor aykin vian advising Super- visorsf $250.00 made have aaccepted for the purchase of the South 43 Arnold J. Leytem et feet100 feet of o North e e West 100 feet of Lot 5,est the South 33fe t ofthof the West 100 feet of Lot 6, the North 17 feet of the West 100 feet of Lot 6, all in Jaeger's Subdivision.... 31-45 " 3—Citizens' Advisory Parking Committee submitting Parking 32 Survey Report for Council consideration ..................... " 3—Council Proceedings for the month of December, 1946, 34 .......................B' ... -e-e- .. approved as printed • ••• •• •........ " 3—Chapman, Myrtle A., granted Class "B" beer permit........ 37 " 3—Clancy, Charles and Marie, granted Class "B" beer 3' permit...................................................................................... Special Session 39 " 14—City Council, ...................................................... " 14—Council Proceedings for the month of January, 1947, ap- provedas printed................................................................ 42 " 14—Chief of Palace recommending that a "No Turn" pro- vision at Eighth and Main Streets be embodied in the Traffic Code and Ordinance of the City of Dubuque 42 " 14—Consolidated Fund which embraces the Improvement Fund and application for permission to resolution make a permanent transfer of $15,000.00 from the Water Works General Fund to said Consolidated Fund...................................... 46 51 " 14—Contract with the Aviation Services Company of Minne- apolis for consultant services for the development, operation and maintenance of the Municipal Airport 47-64 " 14—City Engineer instructed to prepare profiles showing pro- posed grades on Tressa Street and Esther Street.... 4478 " 21-01ty Council, Special Session .................................................... " 21—City Auditor, City Treasurer, City Health Department and City Water Department reports for the month of February, 1947, also list of claims for which war- rants were issued during the month of February, 1947.......................................................................................... 51 "21 City Cab Company, taxicab policy ................................................ 52 " 21—Conner, Iona and Ray E., granted Class "B" beer permit 66 " 28—City Council, Special Session .................................................... 66 " 28—Claims for the month of February, 1947, proof of pub11- cation........................................................................................ 71 April 7—City Council, Regular Session .................................................... 77 " 7—Continental Casualty Company, Certificate of Compliance for the transaction of Fidelity and Surety business in the State of Iowa for the year ending March 31, 1948......................................................................................... 80 " 7—Chapman, Myrtle A., granted cigarette permit .................... 86 May 5—City Council, Regular Session .................................................. 89 " 5—City Manager authorized to confer with the Board of Su- pervisors relative to planning for a combination Court House -city Hall -Jail building and to file with F.W.A. for planning funds in order to prepare the necessary plans and specifications as a preliminary to the holding of an election for authority to erect a combination Court House -City Hall -Jail building 91 " 5—Cable, George J., submitting offer in the amount of $50.00 each for the purchase of Lots 4 and 6 of Rowan's Addition.................................................................................. 92 " 5—Claims for the month of March, 1947, proof of publication 94 " 5—Civ11 Service Commission submitting report of entrance examination conducted for positions on the Police Department............................................................................ 94 INDEX—Book 77 1947 SUBJP cIr Page C " 5—Civil Service Commission submitting report of entrance examination conducted for positions on the Fire De- partment.................................................................................. 94-95 " 5—Civil Service Commission submitting report of promo- tional examination conducted for position on the PoliceDepartment................................................................ 95 " 5—Civil Service Commission submitting report of promo- tional examination conducted for positions on the FireDepartment.................................................................... 95-96 " 5—City Auditor, City Treasurer, City Health Department and City Water Department reports for the month of March, 1947, also a list of claims for which war- rants were issued for the month of March, 1947........ 97 " 5—Chapman, V. F., Milk Inspector•, bond .................................... 97 5—Carole Court Subdivision, submitting for Council consid- eration 'and which has been approved by the Plan- ning and Zoning Commission ............................................99.100-171 " 5—City Solicitor granted permission to employ John K. Chalmers as additional legal counsel in the prose- cution of the action of the City -of Dubuque vs. Leo J. Meuser, County Treasurer, pending in the District Court of Dubuque County, Iowa, involving the ques- tion of the new high bridge .............................................. 101 " 9—City Council, Special Session .................................................... 105 " 16—City Council, Special Session .................................................... 112 " 16—Chief of Police Strub, recommending that parking be prohibited on the southerly side of West 5th Street from the west line of Bluff Street to a point oppo- site the west line of Lot 12 of Corell's Dubuque, and that parking be prohibited on the northerly side of West 5th Street beginning at a point 196 feet west of the west line of Bluff Street and extending thence westerly to the west line of Lot 12 of Corell's Du- buque, and further recommending that a 2 -hour park- ing limitation between 9 a, m. to 6 p. m., Sundays Holidays excepted, be adopted for the northerly side of West 5th Street from the west line of Bluff Street westerly 196 feet ................................................... 117 " 16—City Auditor, City Treasurer, City Health Department and City Water Department reports for the month of April, 1947, also a list of claims for which war- rants were issued during the month of April, 1947.... 117 " 19—City Council, Special Session .................................................... 121 123 " 26—City Council, Special Session .................................................... " 26—Clark, May M. Librarian, Informing Council that the terms of Mrs..A. A. Hoffmann, Mr. M. • H. Czizek and Mr. William Markey as members of the Board of Library Trustees, expire July 1, 1947 ........................ 123 " 26—Childers, Reuben H., Chairman of Dubuque County Guid- ance Association, et al., asking permission to create a "pole and line" fishing area and migratory bird refuge in all the sloughs and waters in and about " 26—Claims CityIsland ..................................................................... for the month of April, 1947, proof of publication 125 125 " 26—Civil Service Commission submitting report on entrance held for the position of Assistant Milk examination 126 " 28—Civil Inspector....................... ....................................................... Service Commission submitting report on entrance examinations held for the position of Public Health 126 June 2—City ......................................................................... Nurse ...... *... Council, Regular Session .................................................... 129 INDEX—Book 77 1947 5l' I t.l b:("I' Page C " 2—Chicago, Milwaukee, St. Paul & Pacific Railroad Com- the Dubuque Packing Company requesting pany and the City to adopt the ordinance granting to the Chi- cago, Milwaukee, St. Paul & Paoific Railroad Com- pany the right to construct and maintain and operate an industry track over a portion of Lynn Street to serve the Dubuque Packing Company asshown on the blue print attached....................................................129 141.297 " 2—Czizek & Czizek, by M. H. Czizek, requesting the City Council to adopt the attached resolution providing for the issuance of a Quit Claim Deed on Lots 1 and 2 of the Subdivision of Lot 20A of Oxford Heights by the City to James Alderson as embodied in an Ordi- nance adopted March 23, 1925, which provided for the vacating of a portion of Oxford Street and the con- veyanceof same ... .................. ..... ................. .... I.................... 130-131 " 2—City Island Development Committee of the Chamber of Commerce requesting that initial steps be taken by the City Administration for the development of In- dustrial sites and that City Island and adjacent lands offer the greatest possibilities ....................................... 131 " 2—Condon, Frank, requesting the rezoning of Lot 7 of the Sub. of Outlot 733, by John Fortune, to a local busi- ness classification................................................................ 131-145 " 2—Chapman, Robert E. and Tillie, granted Class "B" beer permit...................................................................................... 136 " 2—Cole, Steve, granted Class "B" beer permit ........................ 136 " 5—City Council, Special Session .................................................... 139 " 5—Court House -City Hall -Jail Building, authorizing and di- recting the City Manager to enter into an agreement with the Bureau of Community Facilities of the Fed- eral Works Agency providing for an advance of funds for the advance of said combination building 139-147 " 5—Conlon Construction Co., blasting bond ....• • • • •••••.• ••.••• 140 " 20—City Council, Special Session .................................................... 141 " 20—Clemtnshaw, J. M. Company, advising that they special- ize in the revaluation of real estate and personad property of cities and counties for local tax equali- zation purposes.................................................................... 142 " 20—Callahan, Don A., requesting that the storm water flow on Cummins Street be directed to Loras Boulevard 142 " 20—Claims for the month of May, 1947, proof of publication 144 " 30—City Council, Special Session........................................................ 149 " 30—Croft, Floyd, requesting a refund on his Class "B" beer permit...................................................................................... 152 " 30—Civil Service Commission submitting report of entrance examination held for position of Policewoman.......... 153 " 30—Civil Service Commission submitting report of examina- tion held for the creation of an eligible list for the Position of Chief of the Fire Department .................... 153 " 30—City Auditor, City Treasurer, City Health Department and City Water Department reports for the month of May, 1947, also a' dist of claims for which warrants were issued for the month of May, 1947 ...................... 153 " 30—Chapman, Robert E. and Tillie, granted cigarette permit 158 " 30—Capretz, Mrs. Kate, and W. Lembke granted cigarette Permit...................................................................................... 158 " 30—Cosley, Harold and William W., granted cigarette permit 158 " 30—Clancy, Mrs. Agnes, granted cigarette permit .................... 158 " 30—Cahill, John L. and Robert E., granted cigarette permit 159 " 30—Clancy, Charles and Marie, granted cigarette permit........ 159 " 30—Connor, Iona and Ray, granted cigarette permit ................ 159 INDEX—Book 77 1947 SUBJECT C " 30—Crahan, W. C., granted cigarette permit .............................. 160 " 30—Casey, Harold A., granted cigarette permit ........................ 160 " 30—Chapman, Myrtle A., granted cigarette permit .................... 160 " 30—Cooper, Fred H., and Leo V. Cunningham granted cigar- ettepermit.............................................................................. 161 " 30—Cole, Steve, granted cigarette permit .................................... 161 " 30—Cos ley, Harold A. and William W., granted Class "B" beerpermit............................................................................ 162-163 " 30—Capretz, Mrs. Kate, and Wm. Lembke granted Class "B" beerpermit............................................................................ 162-163 " 7—City Council, Regular Session ................................................. 169 July 7—Collins, William P., requesting a refund on his Class "B" beerpermit........................................................................... 170-171 " 7—Chatfield, Harold, requesting a refund on his Class "B" beerPermit............................................................................ 171 " 7—Council recessed at 8:10 p. in. and reconvened at 9:15 p. in ........................................................................................... 175 " 7—City Manager Rhomberg, salary set at $12,000.00 per annum starting July 16, 1947 ............................................ 175-176 " 17—City Council, Special Session .................................................... 177 " 17—Council Proceedings for the months of February and March, 1947, approved as printed .................................. 178 " 17—Corbett, John G., granted cigarette permit ........................ 178 " 21—City Council, Special Session .................................................... 181 " 21—County Auditor Daykin advising that the Board of Super- visors have accepted an offer of $100.00 on Lot 7 of South Ave. Addition made'by Andrew J. Daughette 182 " 21—City Employees Local 228 requesting that civil service examinations be held to fill the two vacancies for foremen now existing in the Street Department...... 183 " 21—Clemens, Leo J., et al., property owners abutting Mount Loretta Avenue, requesting that Mount Loretta Ave- nue be paved this season .................................................. 183 " 21—Czizek, M. H., reappointed as a member of the Board of Library Trustees for a term of six years, said term expiring July 1, 1953............................................................ 186 " 21—City Solicitor instructed to prepare an ordinance regu- lating the speed of freight and passenger trains within the limits of the City of Dubuque of not to exceed 15 miles per hour for freight trains and not to exceed 20 miles per hour for passenger trains........ 186 " 25—City Council, Speciad Session ................................................ 188 " 25—Cunningham Henry, addressed the Council and discussed the matter of salary increases for all City employees 202 " 25—Claims for the month of June, 1947, proof of publication 202 " 25—City Auditor, City Treasurer, City Health Department and City Water Department reports for the month of June, 1947 also a list of claims for which warrants were issued for the month of June, 1947 ...................... 202-203 Aug. 4—City ` 4—Cameron, Council, Regular Session ................................................. John A. et al., property owners residing on 207 Lawther Street between Windsor Avenue and Bur- den Avenue, requesting Council to examine the ma- cadam paving on Lawther Street and :have said street 208 " 4—Council repaired............................... ................................................... Proceedings for the month of April, 1947, ap- 211 proved as Printed ........................... ...................................... Marie, frame barn and series of " 4—Clancy, Nellie M. and sheds and garages in the rear of 15 Bluff Street and located on Lots 3 and 4 of the Subdivision of Lots 2 and 2 of 3 of City Lot 598, recommendation of Build- ing Inspector, Fire Chief and Health Officer that a INDEX—Book 77 1!147 _ SUBJECT Page. C condemnation committee be appointed to inspect the above properties and submit their recommendation and report according to law. 213-214-275-276-314-315-327-328-349 " 4—City Manager Rhomberg recommending that the Council follow the recommendations and suggestions out- lined in the attached report of a survey conducted by the Police Department to determine the use of parking space both in the meter area and in the re- stricted but unmetered locations .................................... 214 " 4—City Manager authorized to purchase additional parking meters from M. H. Rhodes, Inc., and conversion parts for existing parking meters in order to carry out the recommendation of the Police Department ........ 214 " 4—Cleveland Avenue, recommendation of City Manager Rhomberg that curbs and gutters be constructed on said street from Bryant Street to State Street.......... 214 " 4—Gross Street from Simpson Street to Coates Street, rec- ommendation of City Manager Rhomberg that curbs and gutters be constructed on said street ................... 214 " 4—Cannon Street from Laurel Street to Mt. Carmel, recom- mendation of City Manager Rhomberg that said streetbe paved...................................................................... 215 " 4—Cunningham, Henry J., advising Council that the proce- dure followed in the recent action of the City Coun- cil of increasing the salary of the City Manager by way of motion was an illegal procedure..............221-245-246-270 " 11—City Council Special Session .................................................... 222 " 11—Clancy, Dorrance, notice of claim ........................................ 235-244 " 11—Civil Aeronautics Administration, Department of Com- merce, by Leonard W. Jurden, Regional Adminis- trator advising that in response to the City of Du- buque request for Federal Aid for the Dubuque Mu- nicipal Airport, the Administrator of Civil Aero- nautics has tentatively allocated $25,000.00 from avail- able appropriated funds as the United States share of the allowable costs of the project .............................. 235 " 25—City Council, Special Session .................................................. 241 " 25—Collinson, Geo, B., stating that the suggested sewer as- sessments to be levied against Lots 17 to 24 inclu- sive, Block 2, Grandview Park Addition, seem to be excessive and that said assessments be revised for the proposed Bradley Street Sewer District ................ 241 " 25—Corwin, K. R., requesting permission to erect a Home - O -La house on his lot located on Valley Street near Mt. Loretta Avenue.............................................................. 243.273 " 25—City Auditor City Treasurer, City Health Department and City Water Dept. reports for the month of July, 1947; also a list of claims for which warrants were issued during the month of July, 1947 ........................ 244 " 25—Cherry-Green Streets Sanitary Sewer, Lift Station and Force Main .............. ............................................. 246-247-248-267-268 Sept. 1—City Council, Regular Session ................................................. 251 " 2—City Council, Adjourned Regular Session ............................ 252 " 2—Callahan Don, addressed the Council in regard to the construction of curbing and guttering on Cummins Street in order to eliminate the overflow of storm water from said street onto his property .................... 254 " 2—Civil Aeronautics Administration, Department of Com- merce, completion of project, the Dubuque Municipal Airport..... . .... ................................................................. 255 INDEX—Book 77 1947 SUBJECT _+ Page C " 2—Czizek & Czizek, Attorneys for Harry Lewis, requesting that a permanent grade be established upon Globe Street from the westerly line of Harold Street west- erly to the end of Lot 30 in J. P. Schroeder's Add. 256 " 2—Chapman Robert E. and Tillie, requesting refunds on both their "B" Cigarette and Class beer permits ..... 256 " 2—Claims for the month of July, 1947, proof of publication 257 " 2—Cherokee Drive, acceptance of the dedication of same as a public street .......................... .... ....................................... 259-260-273 " 2—Curtis-Straub Company, excavation bond ......................... 260 " 2—City Manager Rhomberg recommending that the City Council grant the Sisters of St. Francis the right to connect the new hospital with the city sanitary sewer system with the provision that should the system be thus overloaded that they be required to construct a separate sewer to handle the sewage........ 261 " 2—City Manager Rhomberg submitting report on the opera- tion of the old •island airport and suggesting that other operators be permitted to engage in business off the field and to terminate the present arr.mge- ment with the Cedar Flying Service ........... _..... 261-262 " 2—Calvert, Clifford and Bertha granted Class "I"' beer permit.................................................................. ........ ..... 262-351 " 2—Chamber of Commerce, Board of Directors, submitting " 22—City Council, Special Session ........... copy of resolution adopted with reference to park- ingdots ...................................... ................. ............ ............ 265-266-275 " 22—Clancy, Mrs. Agnes requesting a refund on her cigarette permit.................................................................................. 272 " 22—Claims for the month of. August, 1947, proof of publica- tion.........•.................................................................................. 273 " 22—City Manager Rhomberg recommending that Council adopt an ordinance regulating sick leave for all City employees.. __._ .............._ ...... .... ......... 273 " 22—City Manager Hhonnberg recommending that the Council solicit bids for the purchase of a new fire pumper 274-296-297 " 22—City Manager Rhomberg recommending that the Build- ing Inspector be authorized to issue permits on ap- plication for the erection of Butler Boulevard Houses of aluminum construction ............................................... 274 " 22—City Manager Rhomberg recommending that the City Council investigate the probable cost of widening Robinson Avenue and that a study be made of the of obtaining several conveniently located possibility off-street parking lots in the down town area........ 275 " 22—City Auditor, City Treasurer, City Health Department Water Department reports and also a list and City of claims for the month of August 1947... ................... 276 " 22—City Water Department, stand-by equipment to install at Eagle Point Pumping Station -)80-281-295-296-319-:320-325 " 29—City " 29—Council Council, Special Session .. - - - - .., ..- .... Proceeding's for the month of :clay, June and July 1947, approved as print -1 25;3 287 Oct. G—City Council, Regular Session ...- the Council staling that lie " 6—Chambers, Harry, addressed slid not believe there were adequate facilities for 287 competitive flying operations at the Island Airport . " 6—Cahill, John L. and Robert. E., requesting a refund oil 251 their cigarette permit ........ <<294 13—City Council Special Sessi0n INDEX—Book 77 1947 SUBJECT Page C & CoonRobert submitting " 13—Glewanld wa vee ofhthe DubuquewPacking Companyconsent and also SheAff.'s Receipt in the matter of the assess- ment of damages for construction, maintenance and operation of a railroad track in a portion of Lynn Street between 1.4th and 19th Streets by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company.... 297 " 13—City Auditor, City Treasurer, City Health Department City Water Department reports; also list of and claims for which warrants were drawn for the month ofSeptember, 1947............................................................... 300 " 13—Chicago, Burlington & Quincy Railroad Company, Agree- ment to provide a railroad siding to serve Lots 9, 10 and 11 of Industrial Sub. No. 2, which property Is being used by the City Water Department for a garage warehouse and storage yard .............................. 302 " 1:;—Collins, Joseph A., granted cigarette permit ........................ 302 " 13—Collins, Joseph A., granted Class "B" beer permit.......... 302-303 Nov. 3—City Council, Regular Session ................................................. 305 " 3—Coleman J. K., notice of claim .................................................. 305 " 3—Coffey, H. E., requesting permission to, build a Harnisch- feger preassembled home on property on South Al- gonaStreet............................................................................ 307-342 " 3—Council Proceedings for the month of August, 1947, ap- provedas printed.................................................................. 309 " 3—Claims for the month of September, 1947, proof of publication............................................................................. 309 " 3—City Assessor, appointment of Harry Hanover as City Assessor for a term of four years beginning January 1, 1948.................................................................................... 312 " 3 --City Assessor's office Budget for the year 1948, approval ofsaid Budget.................................................................... 312-313 " 3—City Manager instructed to communicate with the Iowa State Highway Commission calling their attention to the increased traffic at the New High Bridge and al- so on Locust Street........................................................... 321 " 10—City Council, Special Session .................................................... 322 " 17—City Council, Special Session .................................................... 327 " 17—City Solicitor directed to review the present traffic ordi- nance and to suggest to the City Council for their consideration any changes that he deems advisable 333 " 17—Civil Aeronautics Board in the matter of the petition of Parks Air Transport, Inc., for issuance of Temporary Certificate of Convenience and Necessity .................... 333 " 17—Civil Aeronautics Board in the matter of the application of Parks Air Transport, Inc., for a Temporary Ex- emption from the provisions of Section 401 (a) of the Civil Aeronautics Act of 1938 as amended .................. 333 " 17—City Assessor Deputies, result of examination held by the Dubuque City Assessor Examining Board for to fill saidpositions....................................................................... 333-334 " 17—Civil Service Commission submitting report of promo- tional examination held for the position of Chief Engineer, Water Department ......................................... 334 " 17—Civil Service Commission submitting report of pronio- tional examination held for the position of Account- ant in the Water Department .......................................... 334 " 17—Civil Service Commission submitting report of promo- tional examination held for the positions of Fore- man and Assistant Foreman on the Sewer and Street Departments.......................................................................... 334-355 INDEX—Book 77 1947 SUBJECT Page C " 17—Civil 1—C1a4 Service Commission submitting report of entrance examination held for the position of Clerk-Sten- ographer.................................................................................. 335 " 17—Civil Service Commission submitting report of entrance examination held for the position of Assistant Engi- neer, Water Department .................................................. 335 17—Chief of Police Strub recommending that parking be re- stricted except for the purpose of loading or unload- ing in the following alleys: West of Main from Jones to Loras; East of Main from First to Loras; West of Central from Fourth to Loras; East of Cen- tral from Fourth to Loras and that semi -trailer trucks be prohibited from unloading in these areas between the hours of 10 a. m. and 5 p. m ................... 335-336 " 17—City Auditor, City Treasurer, City Health Department and City Water Department reports for the month of October, 1947, also a list of claims for which war- rants were issued for the month of October, 1947...... 336 " 17 --City Manager Rhomberg submitting a report on the condition of the Consolidated Fund ................................ 336 " 17—City Employeees under the direct control of the City CouncH, who are not now receiving in excess of $5,000.00 per year, be granted an increase in pay of 10% for the period from December 1, 1947, to April 1, 1948...................................................................................... 337 24—City Council, Special Session .................................................... 339 " 24—Chief of Fire Department Hickson requesting that a City Ordinance be adopted prohibiting the parking of a vehicle of any kind underneath fire escapes in the alleys of the City of Dubuque .......................................... 342 " 24—Chief of Fire Department Hickson requesting that an ordinance be adopted giving the Chief of the Fire Department, or a member of the Department who may be assigned by the Chief the power to compel the removal of fire hazards from buildings .................. 342 " 24—City Assessor Hanover submitting the names of ap- pointees for the positions of Deputy City Assessor.. 342 " 24—Civil Service Commission submitting report certifying the names of those who passed their examinations for position on the Police Department .......................... 343 Dec. 1—City Council, Regular Session ................................................347-349-350 11f th month of October 1947 proof of publica- ms of e 1 ....................................... 348 tion ................................................. 1—Civil Service Commission submitting report certifing the names of those who passed their examinations for 350 positions on the Fire Department .................................. 1—Calvert, Clifford and Bertha, granted cigarette permit...... 350 353 19—City Council, Special Session ................................................... 19—City Auditor, City Treasurer, City Heatlh Department and City Water Department reports also a lsit of claims 3b8 for the month of November, 1947 .................................... 19—Combination County Court House -City Hall -Jail Building, Agreement between the City of Dubuque, County of Dubuque, and Dougher, Rich & Woodburn, Architects Engineers, Des Moines, Iowa ..... ........... .... .............. .... ..361-362 363 INDEX—Book 77 1947 SUBJECT Page D Jan. 6—Dubuque Packing Company requesting the City to con- struct as soon as possible a concrete cover over the B Branch Sewer at the intersection of East 15th Street and Sycamore Street, also that the use of Sycamore Street from 15th Street to 16th Streets as a dumping ground be discontinued, also that addi- tional street lights be installed on East 16th Street from Elm Street to Sycamore Street and that the il- luminating power of the present lights be increased 2 " 6—Dubuque Women's Club commending Chief of Police for his work in eliminating gambling devices from taverns and also commending the Police Department for their work in enforcing the law which prohibits the selling of liquor to minors ................................................ 3 " 6—Dougherty, Frank J. (Mary), requesting suspension of taxes....................................................................................... 4 Feb. 3—Dubuque Chamber of Commerce advising that they are in favor of the movement for a new City -County Court House and offices ..................................................... 17-18 " 24—Digman, Eldon B., notice of claim ................ I........................... 24-42 " 24—Dykeman, Edgar, requesting permission to lease Lot 319 of Ham's Addition which is owned by the City of Dubuque and located at the corner of Hawthorne Street and Rhomberg Avenue ............................................ 28-40-52 " 24—Daylight Savings Time, no action to regulate the same will be taken by the City Council until authority is is given by an Act of the State Legislature ................ 29-31 Mar. 3—Dubuque Trades and Labor Congress advising that in the event the City Council is called upon to make a deci- sion on the question of Daylight Savings Time that it be left in the hands of the public to be decided at an election called for that purpose .................................. 31 " 3—Davis, Jimmie H., Governor of Louisiana, requesting the attendance of Mayor Wharton at the hearing an the proposed Tidewater Seaway to be held in New Or- leans on March 5, 1947 ...................................................... 31 " 3—Dubuque Packing Company asking for the vacation of certain streets and alleys in the East Industrial Area, report and recommendation of the Planning and Zon- ingCommission.................................................................... 34-35 " 3—Dr. Pepper Bowling Lanes Club granted Class "B" beer permit for Private Club .................................................... 37 " 21—Dubuque Boys Club asking that the Mayor sign the at- tached proclamation designating the week of April 14 as Boys' Club Week ........................................................ 50 " 21—Dillon, Joseph and Paul J., requesting a refund on their cigarettepermit.................................................................... 50 " 21—Detailed distribution. of Expenditures for City of Du- ubque, Iowa, for the Fiscal Year 1947-1948 .................. 54-55-56-57-58-59-60-61-62-63-64 " 21—Duscher, George E., granted Class "C" beer permit.......... 65 " 28—Daylight Saving Time, Petitions asking that a Special Election be held on the question of .............................. 70 April 7—Dubuque Bank and Trust Company appointed as a de- pository of public funds of the City of Dubuque........ 78-107 " 7—Dubuque Packing Company in regard to the vacation of streets and alleys in the vicinity of 16th Street and outlining certain terms and conditions in the ex- changeof property.............................................................. 82-99 " 7—Dubuque Homes Subdivision No. 1 submitted for Council consideration and which has been approved by the Planning and Zoning Commission ...... ....... ................. 85-86-101-102 INDEX --Book 77 1947 SUBJECT Page D May 5—Deere, John, Dubuque Tractor Company, requesting the extension of the jurisdiction of the Dubuque Fire Department to their property in accordance with the provisions of Section 368.30 of the 1946 Code of Iowa 93 " 5—Davis Bros. Inc., Excavation Bond ........................................ 97 " 5—Dubuque Plumbing and Heating Co., Excavation Bond.... 97 " 5—Dubuque Metal Trades Council Club, granted Class "B" beer permit for Private Club .......................................... 103 " 5—Dubuque Golf Club granted Class "B" beer permit for PrivateClub......................................................................... 103 " 9—Dubuque Packing Company granted the conveying of the title of certain vacated streets, parts of streets and alleys lying and situated in East Dubuque Addition No. 2 and Railroad Addition in the City of Du- buque ............................................. ..... ............................ 105-112-113-114 " 16—Dubuque Trades and Labor Congress endorsing Mr. Wil- liam Markey for re -appointment as a member of LibraryBoard........................................................................ 116 " 19—Dubuque Trades and Labor Congress requesting permis- sion to use the City lots on Fourth Street Extension for the holding of a carnival from July 28 through August2, 1947...................................................................... 121 June 30—Department of Commerce, Civil Aeronautics Administra- tion, submitting copy of approval report on the loca- tion of the Dubuque Municipal Aiport by the Public Roads Administration, the Iowa Highway Commis- sion, the State Aeronautics Commission and the De- partment of Commerce Civil Aeronautics Adminis- tration...................................................................................... 150.151 " 30—Diamond's Grill, Inc., granted cigarette permit ................ 158 " 30—Dubuque Cycle Club granted cigarette permit ................... 158 " 30—Dr, Pepper Bowling Lanes Club, granted cigarette permit 159 " 30—Dubuque Packing Company granted cigarette permit........ 159 " 30—Dubuque Metal Trades Council Club granted cigarette permit.................................................................................... 160 " 30—Dunbar, Otto J., granted cigarette permit .......................... 160 " 30—Duncan, Dale, granted cigarette permit ................................ 161 " 30—Duncan, Dale, and LeRoy Bolepder granted cigarette permit..................................................................................... 161 " 30—Duncan, Dale, and Louis Ring granted cigarette permit 161 " 30—Duncan, Dale, and Kenneth and Louis Ring granted cigar- ettepermit.............................................................................. " 30—Dugan, Charles S., granted cigarette permit ........................ 161 161 " 30—Dugan, Charles S. and Mary E., granted Class "B" beer permit .............................. . ...................................................... 162 164 " 30—Dubuque Cycle Club granted Class "B" beer permit for privateclub....................................................................... " 30—Dunbar, Otto J., granted Class "C" beer permit ............... 163164 163-164 July 7—Diamond Street, request to have curb and gutter can- 169 strutted on said street ....................... ........................ " 21—Daughette, Andrew J., submitting offer in the amount of $100.00 to the Board of Supervisors on Lot 7 of South ...... Avenue Addition.......................................................182-260-261 " 21—Democratic Central Committee of the City of Dubuque submitting attached resolution urging that the appli- cation of the public officers for adjustments of their salaries be given due consideration on its merits and that the matter be discussed and decided at an 182-205 open meeting of the City Council... " 21—Dubuque Trades and Labor Congress submitting for a resolution endorsing and sup- Council consideraton porting the request of the Dubuque Firemen and 184 Policemen for a 40�/o increase in salaries_ ............. _ INDEX—Book 77 1947 SUBJECT Page D " 25—D.A.V. Club of Dubuque, Inc., granted Class "B" beer per- 205-293 mit for private club ........................................... ................. Aug. 11—Dubuque Trades and Labor Congress extending invitation to the City Council to participate in the Annual 236 LaborDay Parade................................................................ " 25—Dubuque Safety Council asking the City Council to send City Police Judge John Oberhausen to attend the Judges and Prosecutors' Conference to be held at Northwestern University on October 13.17 .................... 243 Sept. 2—Departmentt of Commerce, Civil Aeronautics Administra- tion, completion of project of the Dubuque Mu- nicipalAirport...................................................................... 255 " 2—Dubuque Homes Subdivision No. 2, approval of plat........ 259 " 2—Dubuque Homes, Inc., acceptance of Resolution No. 123- 47 agreeing to the placing of a Surety Company Per- formance Bond in the amount of $6,000.00 insuring the construction and completion of the improve- ments on Cherokee Drive on or before July 1, 1948 259-260 " 22—Dubuque Trades and Labor Congress, thanking Council for their participation in the Labor Day parade........ 270 " 22—Dubuque Kiwanis Club endorsing the proposed plan of the Chamber of Commerce for to widen and improve Robinson Street and to utilize the area made avail able for public parking westerly from The Telegraph - Herald building to University Avenue ...I ...................... 270 " 22—Dubuque Homes, Inc., submitting performance bond in the amount of $6,000.00 insuring the construction and completion of the improvements on Cherokee Drive on or before September 1, 1948 ............................ 273 " 22—Deyoe, George, granted cigarette permit .............................. 277 Oct. 13—Dubuque Packing Company, Consent and Waiser, in the matter of the assessment of damages for the con- struction, maintenance and ' operation of a railroad track in Lynn Street between 18th and 19th Streets by the Chicago, Milwaukee, St. Paul & Pacific Rail- roadCompany.......................................................................... 297 " 13—D.A.V. Club of Dubuque, Inc., granted cigarette permit 302 Nov. 3—Dubuque Chamber of Commerce, Special Committee, rela- tive to rendering assistance to the City Administra- tion in solving the Car Parking Problem and the im- provement of Robinson Street ........................................ 306 " 3—Dubuque County Tubercudosis Association requesting per- mission to hold its annual "Bangle Day" on Decem- ber13, 1947............................................................................ 307 " 3—Dubuque Policeman's Protective Association requesting that an ordinance be drawn defining working condi- tions and soliciting the City Council for a raise in pay............................................................................................ 308 " 3—Dubuque Homes, Inc., completion of the improvements of Jenni Street and also of Theisen Street and accept. anceof same.............................................................. ...... 311-312 " 3—Dubuque City Assessor Examining Board submitting re. suit of the examination held for the petition of City Assessor.................................................................................. 312 " 3—Diener, Leo, fire escape to construct on his building located at 659 Centrad Avenue........................................................ 317 " 3—Deyoe, George, granted cigarette permit .............................. 318 " 3—Deyoe, George, granted Class "B" beer permit .................... 319 " 17—Donahue, J. C., submitting offer for the purchase of the Piece of ground just east of Lots 4 and 5 in Randall's Sub. No. 2.............................................................................. 331 I N DEX — Book 77 19 17 SUBJECT Page ❑E 17—Dubuque City Assessor Examining Board submitting re- sult of the examination held for the positions of Deputy City Assessors........................................................ 333.334 " 24—Dubuque Retail Merchants requesting permission to con- nect the electric lighting needed for the Christmas stret decorations with the City street lighting system 341-342 Dec. 19—Dubuque Packing Company and E. E. Frith Company, I:nc., requesting prompt action to the covering of the B Branch Sewer at East 15th and Sycamore Streets, also the removal of the junk stored on Sycamore Street from East 15th Street to East 16th Street, al- so to the fire hazard existing on the property on the south side of East 16th Street from Cedar Street to Sycamore Street, also to the inadequate street light- ing on East 16th Street, also that proceedings be instituted for the construction of a viaduct on East 14th Street over the railroad tracks .............................. 355.356 " 19—Dougherty, Frank J., requesting suspension of the 1947 taxes on Lots 172 and 173, Union Addition .................. 356 " 19—Dougher, Rich & Woodburn, Architects and Engineers, Des Moines, Iowa, Agreement with the City of Du- buque County of Dubuque, for services on the pro- prosed erection of a combination County Court House -City Hall -Jail Building ........................................361-362-363 INDEX ----Book 77 1947 __SUBJECT Page Jan. 6—Ender, Alois J., granted Class "C" beer permit .................... the rezoning of the half 7 Feb. 24—Ellis, Cecelia, et al., requesting block on the easterly side of Finley Street between Cherry Street and University Avenue .............................. 25-43 " 24—Easement between the City of Dubuque and the Interstate Power Compamy for transmission line over real es - state owned by the City of Dubuque .............................. 2? 32-53 Mar. 4—East Industrial Area development report ............................ 34-100 " 14—East Dubuque Bus Route, change in route ............................ 42-53 " 14—Esther Street, City Engineer instructed to prepare a pro- 47 file showing the proposed grade ................................... . " 28—Eisbach, Joe, et al., property owners in the Eagle Point Park District, requesting that city water be made available to their property .............................................. 71 June 2—Ellis, R. J. et al., requesting that a street light be installed on the corner of Lincoln Avenue and Ann Street. ... 132-153-154 " 30—Ender, A. J., granted two cigarette permits ........................ 160 " 30—Eichman, Arthur H., granted cigarette permit .................... 161 July 21—Eagle Point water front, the matter of jurisdiction re- ferred to the City Manager, City Solicitor and Water Department for conference with the Board of Dock Commissioners and to submit their report back to theCity Council.................................................................... 185-203 " 25—Emergency Tax, resolution and application for approval tolevy said tax.................................................................... 188-207 " 25—Entringer, Albert J., M.D., Director of Health, and V. F. Chapman, Milk Inspection Division Health Depart- ment, submitting for Council consideration proposed amendments to Original Milk Ordinance No. 7-41 relative to the definitions of Cereal Milk and Whip- ping Cream and also a clarification regarding single - service containers................................................................ 202 Aug. 4—Even, Joseph P. and Ida B., quit claim deed conveying to them Lots 6 "A" and 16 "A" of Paulina Lang - worthy's Subdivision of Lot 5 of Mineral Lot 73...... 209-210 " 4—East 13th Street from Washington Street to the Railroad Tracks, recommendation of City Manager Rhomberg that said street be paved .................................................. 215 " 4—East 16th Street from Washington Street to Sycamore Street, recommendation of City Manager Rhomberg that said street be paved .................................................. 215 " 4—East 30th Street from Central Avenue to Elm Street, recommendation of City Manager Rhomberg that said street be paved........................................................... 215 Sept. 22—Eagle Point Pumping Station, stand-by generating equip- ment to install ........................................280 -281-295-296-319.320.325 " 19—Eastern Air Lines advising that the Civil Aeronautics Board has issued an order consolidating Eastern Air Lines application for authority to extend their present system northward to Dubuque together with other airlines' applications for a hearing before a Civil Aeronautics Board Examiner on February 16, 1948.......................................................................................... 354 " 19—Eastern Air Lines submitting copy of their letter to Mr. John A. Kerper concerning Eastern's proposed exten- sion to Dubuque and asking for data on the commer- cial and industrial activities in the City of Du- buque........................................................................................ 354-355 INDEX—Book 77 1947 SUBJECT Page F Jain. 15—Frith, E. T., submitting offer in the amount of $150.00 for the purchase of Lots 116, 117, 118 and 119 in Ham's Addition................................................................................ 9-44 Feb. 3—Fraternal Order of Orioles granted cigarette permit........ 22 " 3—Ferguson, Dick, granted Class "B" beer permit .................. 22-23 Mar. 28—Fleege, Eldon J., et al., requesting that Audubon Street be paved with concrete this spring .................................. 70-98 April 7—First National Bank appointed as a depository of public funds of the City of Dubuque ........................................... 78-107 " 7—Fondell, Donald J. and Ade4e B., granted Class "B" beer permit........................................................................................ 86 May 5—Forest Lane, petition of E. F. Lewis et al. requesting the paving of said street............................................................ 89-134 5—Frith, E. E. Company, advising that they have no objec- tion to the vacation of streets and alleys in the viciu- ity of East 16th Street and the conveying of said vacated areas to the Dubuque Packing Company.... 89 " 5—Forrestal, James, Secretary of the Navy, Washington, D. C., in regard to a program for making available opportunities and advantages to young Americans in the New Civilian Naval Reserve and submitting a folder with suggestions for organizing the program 40cally...................................................................................... 91 " 5—Fitzpatrick, Thomas, Clerk, City Water Department........ 97 " 9—Fondell, Donald J., requesting a refund on .his Class "B" beerpermit............................................................................ 107 " 26—Financial report for the fiscal year ending March 31 1947, proof of publication ................................................ 125-139 June 5—Federal Works Agency, Bureau of Community Facilities, authorizing and directing the City Manager to enter into an agreement for the advance of funds for the advance planning of a combination Court House - City Hall -Jail Building........................................................ 139.147 " 20—Federal Works Agency, Bureau of Community Facilities, authorizing and directing the City Manager to enter into an agreement for the advance of funds for the advance planning of a complete system of storm re- liefsewers.............................................................................. 143-149 158 " 30—Finch, Alford, granted cigarette permit ................................ " 30—Fraternal Order of Orioles granted cigarette permit........ 158 " 30—Flick, Morris B., granted cigarette permit ............................ 159 159 " 30—Fraternal Order of Eagles granted cigarette permit........ " 30—Fortman, Anton, Company, granted cigarette permit........ 160 160 " 30—Fink, Milton, granted cigarette permit ................................ 161 " 30—Falkenhainer, " Charles, granted cigarette permit... . - - .. Anton, Company, granted Class "B" beer permit 162-164 30—Fortman, " 30—Fraternal Order of Orioles granted Class "B" beer per- mit for private club........................................................... 163.164 " 30—Fraternal Order of Eagles granted Class "B" beer per- 163-164 ...................................... . mit for private club ............. asking for an increase in sal- July 7—Fire Department members aries comparable to the request submitted by the members of the Police Department ... ........ .........._........ 169 " 7—Fire Pension Levy Certificate .................................................. 169 169 " 7—Fire " Retirement Levy Certificate .............. I .................. Manufacturing Company app ication 7—Farley & Loetscher for certain rights and privileges involving the public streets which are necessary in the development of their proposed power plant on the northwest corner 17Z of 8th and Jackson Streets - INDEX—Book 77 1947 SUBJECT Page Aug. 4—Finley Street, from McCormick Street to Cherry Street, City Manager Rhomberg that recommendation of curbs and gutters be constructed on said street........ 214 " 11—Fautsch, Louis F., et al., residents and taxpayers living in the vicinity of the Grandview Avenue Tourist Park, requesting that the tennis courts located there- on be repaired and maintained ...................................... 236-274 Sept. 2—Fischer Investment Company, by O'Connor, Thomas & O'Connor, Francis J. O'Cannor, Its Attorneys, re- the vacation of 6th Street commencing at questing the west line of Tower Street and extending easter- ly to the Levee, also 5th Street from the east dine of Bell Street easterly to the west dine of vacated Tower Street, also all the alley intersecting Block J of Booth's Addition, also that portion of Tower Street lying south of the south line extended of the alley separating Block I of Booth's Addition and Block 32 of Dubuque Harbor Improvement Com- pany's Addition and extending southerly to a point 40 feet south of the north line extended of Lot 5 in Block O in Booth's Addition, also Lot 5 and North 18 feet of Lot 4 of Block O in Booth's Addition, and to cause to be executed to them deeds of vacation........ 255-310 " 2—Frommedt, Syl, Chairman "Julien Dubuque Days," re- questing permission for the holding of a street par- ade on Friday, September 5, 1947 .................................. 255-256 " 22—Ferguson, Dick, requesting a refund on his Class "B" beerpermit............................................................................ 272 " 22—Fire Pumper, recommendation of City Manager Rhom- berg that Council solicit bids for the purchase of same ....... ...... ........... ....... .......................... 274-296-297-320-321.325-326 " 22—Fesler, Audrey J., granted cigarette permit ............................ 277 " 22—Fesler, Audrey J., granted Class "B" beer permit............ 277 Nov. 3—Fichter, Fred, a warrant in the amount of $20.00 ordered drawn for services rendered as a member of the Condemnation Committee .................................................. 321 Dec. 1—Flynn, Thos. Coal Co., requesting an extension of time for the completion of the contract for the paving of AudubonStreet.................................................................... 347-355 " 19—Fransen, Jack and Irene, granted cigarette permit............ 36C " 19—Fransen, Jack and Irene, granted Class "B" beer permit 360-361 INDEX—Book 77 1947 SUBJECT' Page G Jan. 15—Glenn, Milton J., Judge of the District Court, submitting a copy of the report of the Dubuque County Grand Jury for the January 1947 Term of Court in which they recommend the building of a combination City Hall -Court House and Jaid ................................................ 10-11 Feb. 3—Grommersch, Nick, stating that he is in favor of having the bus service extended on Park Hill District and requesed that a street be established connecting Park Hill District with Kaufmann Avenue .................. 17 " 3—Grommerscch, Nick, requesting the vacation of the alley first west of Muscatine Street from Putnam Street northerly to its end at the northeast corner of Lot 1 of Mineral Lot 346 and stating that in return for the conveyance of his proper share of the vacated part of the alley he will deed a strip of land 15 feet in width for the extension of Sabula Street to Bur- lingtonStreet........................................................................ 18.43 " 24—Calle, Hubert, and Arnold J. Spafln reuqesting a refund on their cigarette permit .................................................. 26 " 24—Grey's Motor Service, by Vincent Kobida, requesting an extension of time until March 16, 1947, for the com- pletion of the contract for the clearing, grubbing and grading of Wooten Street from McClain Street to the west line of James Street ................................................ 26-32 Mar. 3—Glynn, John and Helen, granted Class "B" beer permit 35-36 " 3—Grab, Erwin M. and Helen, granted Class "B" beer permit 37 " 14—Grant, Robert, and Edgar Dykeman requesting permission to lease from the City of Dubuque the property lo- cated at the corner of Hawthorne Street and Rhom- bergAvenue.......................................................................... 40.52 " 21—Gorman, Joseph, et al., advising that they do not object to the rezoning of the 100 and 200 blocks on South- ernAvenue............................................................................ 51 " 28—Golden, Homer, addressed the Council in regard to bus service on the Park Hill District and suggesting that Gay Street be cut down to meet Kane Street in order that Kaufmann Avenue be also served with bus route 70 " 28—Gay Street, offer of Anna Bolsinger to donate property for to extend Gay Street to connect with the Park HillDistrict............................................................................ 70-99 " 28—Gavin, Mark, addressed the Council in regard to the use of Eagle Point Park for the holding of free band concerts during the summer months .............................. 75 May 5—Gallagher, R. J., City Engineer, Bond of .............................. 97 " 5—Gantert, Harry N. and Lucile, granted Class "B" beer permit...................................................................................... 103 " 16—Gavin, Mark W., tendering his resignation as a member of the Dubuque Dock Board ............................................ 116 June 20---Grassel, Emil, and Albert Burgmeier requesting the re- zoning of a strip of land approximately 400 feet in length along U. S. Highway 151 in what is known as Lot 1 of J. C. Scully's Sub........... 145-146-157-158-181-211-212 " 20—Glenview Subdivision submitted for Council consideration and sauce has been approved by the Planning and ZoningCommission.............................................................. " 30—Glyun, John and Helen, granted cigarette permit .............. 146 158 " 30—Grutz, John and Clara, granted cigarette permit ................ 158 159 " 30—Grode, Harry and Viola, granted cigarette permit. 160 " 30--Gantert, Harry N., granted cigarette permit ........................ " 30—Grove Terrace, City Solicitor instructed to prepare an to parking on only one side of the ordinance permit 166 street ......... ...... ...............................................__ _ ......... INDEX—Book 77 1947 SUBJECT Wage G July 7—Grove Terrace, recommendation of Chief of Police that parking be prohibited on the east side of the street from West 12th Street to West 11th Street .................. 173-201 Aug. 4—Greteman, Theodore J. and Helen M., quit claim deed conveying to them Lot 16 "B" of Paulina Lang - worthy's Subdivision of Lot 5 of Mineral Lot 73...... 209-210 " 4—Gilliam Street from University Avenue to West Street, recommendation of City Manager Rhomberg that curbs and gutters he constructed on said street........ 214 " 4—Gandolfo Street from Lombard Avenue to U. S. Highway No. 20, recommendation of City Manager Rhomberg that curbs and gutters be constructed on said street 214 " 4—Green Street from Asbury Street to West End, recom- mendation of City Manager Rhomberg that curbs and gutters be constructed on said street ........................... 214 Sept. 2—Gauer, M. P., notice from Board of Dock Commissioners of lease between M. P. Gauer and Board of Dock Commissioners of front footage on Peosta Street and west shore line of the Mississippi River ........................ 256 " 2—Grode, Harry V. and Viola, granted Class "B" beer permit 262-263 " 22—Gloeckner, Mrs. Wilma, granted Class "C" beer permit 277 " 29—Gloeckner, Mrs. Wilma, granted cigarette permit .............. 285 " 6—Grutz, John and Clara, granted Class "B" beer permit.... 292-293 " 13—Grimme, Elizabeth, Administratrix of the Estate of Wil- liam F. Hanson, requesting refunds on both the cig- arette and Class "B" beer permit of William F. Hanson................................................................................... 298 Nov. 3—Glynn, Jahn and Helen, granted Class "B" beer permit.... 318 " 17—Galliart, Raymond M. and Evelyn, granted cigarette permit..................................................................................... 337 " 24—Groff, Miss Edith, notice of claim ............................................ 341 " 24—Gilmer, Opal and Rollin E. Murray, granted Class "B" beer permit 344-351 Dec. 1—Grommersch, Nick, in regard to bus service on the Park HillDistrict........................................................................... 347 " 1—Gilmer, Opal, and Rollin E. Murray, granted cigarette permit.................................................................................... 351 INDEX—Book 77 1`J47 SUBJECT Parse H Jan. 6—Holl & Everly, in regard to the erection of a class "B" fire escape on the South side of the building Num- ber 705 White Street and asking permission to land a bottom stair stringer on sidewalk level nearest building.............................................................................. .... 3-14 " 15—Huber, Joseph C., submitting offer in the amount of $500.00 for the purchase of Lots 4, 5 and 6 of Cush- ingAddition............................................................................ 10.44 " 15—Hesselman, Joseph J., granted Class "C" beer permit........ 14 Feb. 3—Haferbeeker, Ernest, notice of claim ........................................ 17 " 3—Hussmann, Mrs. Margaret C., erection of a fire escape on her building located at 1046 Central Avenue............ 21 " 3—Hillard, Joseph and Bernice, granted Class "B" beer permit...................................................................................... 22.23 Mar. 3—Hyde Clark Women's Relief Corps, requesting permission for the holding of a tag day on April 5, 1947 ................ 32 " 3—Helmer, Mrs. Florence, granted Class "B" beer permit.. 35-36 " 3—Heiar, Mrs. Anna granted Class "B" beer permit ............... 37 " 28—Hier, Mrs. Mary, requesting suspension of the 1946 taxes on the North % of Lot 374 of Davis Farm Addition 71-84 " 28—Hughes Oil Company, operator of the River Terminal Plant in Dubuque, asking for a building permit to erect two additional 15,000 gallon tanks, south of their large tank, fol- the purpose of storing gasoline andfuel oil.............................................................................. 75-79 April 7—Hanover, Harry J., appointed City Assessor and fixing his bond.......................................................................................... 77 " 7—Hill, Thos., submitting application for appointment as a member of the Board of Review ...................................... 78 " 7—Hill, Thos., appointed as a member of the Board of Review.......... ............. ............................. ................. :............... . 78 " 7—Helling, George, and Harry Hutt addressed the Council in regard to acquiring City owned property on South Locust Street for the purpose of erecting a building for amusement purposes .................................................. 79 " 7—Hogan, M. P., Power of Attorney ............................................... 80 " 7—Heitzman, Adolph Notice of Claim ............................................ " 7—Hutter George, Notice of Claim ............................................... 80-108 " 7—Holz, Catherine, Notice of Claim ........................ ...... .............. .... 80-81-311 " 7—Houy, Harold J., father and next friend of minor and in- dividually for June Anna Houy, Notice of Claim of 81-144-145 " 7—Hoskins Arthur C., requesting the Council to authorize the establishment of a grade in the alley in the rear of his property located at 2421 Roosevelt Street........ 81 " 7—IIedrick, Jacob, requesting a refund on his cigarette May 5—Helling, permit ................................................................................... George W. submitting offer in amount of 23 81 cents per square foot for the purchase of City prop- erty on South Locust Street with a frontage of 90 feet and directly south of the Armstrong Property.... 92-115 " 5—Hoyman, Frank F., objecting to the erection of a sign board on the lot located at 1795 Central Avenue...... 87 " 5—Hanover, Harry J., City Assessor, bond_ . _...- ...- - . -. " 5—Hail, John Joseph, Superintendent and Cashier, City 97 " 5—Henkel, Water Department bond ....................... __ _. John and Alma, granted Class "B" beer permit 103 " 9-1-luff Lumber Co., application filed with the Board of .\cl- justment for permission to establish a Stone Quarry on property owned by them fronting Thirty-second Street just west of Central Avenue... .... - - - ... - 110.137.138 INDEX—Book 77 1947 SUBJECT Page H " 16—Hirsch, Raymond et al., requesting the installation of water mains on Kane Street from Kaufmann Ave- nue to end of Kane Street ................................................ 116.138 June 20—Howes, Charles, et al., requesting the installation of a street light on the corner of West and Gilliam Streets...... ....... ...................... ............ ......... ............................ 143-153-154 " 30—Havens, Howard, et al., owners of real estate abutting on Gandolfo Street, requesting that gutters be con- structed on both sides of the street and also that gas mains be installed in said street .............................. 149 " 30—Haley, John J. and Fay H., granted cigarette permit........ 158 " 30—Hedley, Alfred and Lillian, granted cigarette permit........ 159 " 30—Hogan, Vincent J., granted cigarette permit ...................... 159 " 30—Herber, Arthur F. and Theresa, granted cigarette permit 159 " 30—Henkel, John and Alma, granted cigarette permit .............. 159 " 30—Hawkeye Lodge of City of Dubuque granted cigarette permit.............._ .............................................................. 159 " 30—Heiar, Mrs. Anna, granted cigarette permit .......................... 159 " 30—Hochberger, William, granted cigarette permit ................. 160 " 30—Hughes, R. D. and Anna, granted cigarette permit.......... 160 " 30—Horne, Wm., granted cigarette permit .................................. 160 " 30—Hillard, Joseph and Bernice, granted cigarette permit...... 160 " 30—Haley, Amy, granted cigarette permit .................................... 160 " 30—Helmer, Mrs. Florence, granted cigarette permit .............. 160 " 30—Hartig Drug Co., Inc., granted three cigarette permits.... 161 " 30—Herber, Fred and Annabelle, granted cigarette permit ... 161 " 30—third, Mrs. Rosemary, granted cigarette permit .................. 161 " 30—Hessel, Irvin G., and William Potter, granted cigarette permit..................................................................................... 161 " 30—Hollywood Grill granted cigarette permit ................................ 161 " 30—Harris, Joe, granted cigarette permit .................................... 161 " 30—Hamilton, Anna, granted cigarette permit ............................ 162 " 30—Haley, John J. and Fay H., granted Class "B" beer permit 162-163 " 30—Horne, William and Mary, granted Class "B" beer permit 162-163 " 30—Hughes, R. D. and Anna M., granted Class "B" beer permit...................................................................................... 162-163 " 30—Herber, Fred and Annabelle, granted Class "B" beer Permit...................................................................................... 162-164 " 30—Hogan, Vincent J., granted Class "C" beer permit............ 163-164 July 7—Hill, Maurice, excavation bond .................................................. 172 " 7—Hamilton, Anna, granted Class "B" beer permit ................ 174 " 21—Hansel, Richard V., requesting permission to erect a But- ler Mfg. Co. Boulevard Home of aluminum construc- tion............................................................................................ 181 " 21—Hail, J. J., Superintendent of Water Department, stating that he wants to be placed on record as objecting to the infringement on Water Works property at Eagle Point, such as to the building or construction of frame buildings and gasoline tanks on the Water Works property and also to the leasing by the Dock Board of some of the Eagle Point water front to Mr. Matt Gauer ...................184-185-203 " 21—Hickey, Tom J. and John J., granted Class "B" beer " 21—Hoffmann, Permit.................................................................................... Mrs. Mable R., re -appointed as a member of 186-319 the Board of Library Trustees for a term of six years, said term expiring July 1, 1953 ............................ 186 Aug. 25—Holscher, G. H., addressed the Council in support of the Petition foi• the construction of the Bradley Street SewerDistrict........................................................................ 241 " 25—Hail, J. J., Superintendent of Water Works, submititng Petition for the extension of a water main outside the city limits in the vicinity of Carter Road ............ 244 I N D EX — Book 77 194'1 SUBJECT Page H " 25—Hiawatha Club granted Class "B" beer permit for Private Club......................................................................................... 250.319 Sept. 2—HoefRin, Rose, et al., and Lena Kleih, two-story building at 1324 Central Avenue and located on the N. 14Y2 feet of the South 2/5 of City Lot 444, recommenda- tion of the Building Inspector, Fire Chief and Health Director that a condemnation committee be ap- pointed to inspect the above mentioned property and submit their recommendation and report according to law..................................................258-275-276.315-316.328-329-349 " 2—Hochberger, William, granted Class "B" beer permit .. .. 262-263 " 22—Hansen, William F., granted cigarette permit _ 277 " 22—Hansen, William F., granted Class "B" beer permit ._ 277 Oct. 6—Hillcrest Subdivision, cost of construction of sewage lift station and force mains by Sumner S. Sollitt & Company................................................................................ 288 " 6—Helmer, Mrs. Florence, granted Class "B" beer permit. 292-293 " 6—Hawkeye Club of Dubuque, Iowa, granted Class "B" beer permit for Private Club ..................................................... 292-293 " 13—Hamsmith, Peter, et al., addressed the Council objecting to the cost of the construction of, the Vernon and Edina Streets sanitary sewer ........................................ 294 Nov. 3—Hagerty, Gussle M., submitting bill in the amount of $17.64 for damages to the furnace at 491 Glen Oak Street caused by flood water ........................................... 306-336 " 3—Heier, Mrs. N., et al., requesting that the order estab- lishing and installing parking meters on West side of Bluff Street from Fifth Street to 8th Avenue be rescinded............................................................................... 306 " 3—Hanover, Harry, appointed City Assessor for a term of four years beginning January 1, 1948 ......................... 312-324 " 3—Hickey, Tom J. and John J., granted cigarette permit ... 318 " 3—Hird, Mrs. Rosemary, granted Class "B" beer permit...... 319 " 3—Herber, Arthur F. and Theresa, granted Class "B" beer permit..__............................................ ........... I.................... 319 " 3—Hedley, Alfred E. and Lillian, granted Class "B". beer permit.................................................................................. 319 " 17—Hartmann, Leo L. Jr., asking permission to run a sanitary sewer from his residence at 2816 Balke Street to a manhole at the corner of Balke Street and Lawther Street........................................... ......... ............ ...................... 331-343-344 Dec. 1—Horne, Wm., requesting refunds on both his cigarette 347 permit and his Class "B" beer permit .....................I.... N DEX — Book 77 1947 SUBJECT Page Feb. 24—Interstate Power Company, transmission line easement over real estate owned by the City of Dubuque........ 27-32.53 Mar. 14—Interstate Power Company in regard to a change in the routing of the East Dubuque Bus .................................... 42-53 " 28—Interstate Power Company in regard to the petitions sub- mitted for bus service on both the Park Hill District and Kaufmann Avenue District and suggesting that a survey be made to determine if it would be feas- ible to improve a street from the westerly end of Primrose Street to intersect Kane Street and thence to Kaufmann Avenue........................................................... 71 May 5—Iowa Aeronautics Commission submitting copies of infor- mation explaining the need of concurrence in airport location by highway officials and outlining the pro- cedureto follow .................................................................. 91 " 9—Interstate Power Company requesting that quit claim deeds be executed and delivered to them convey- ing vacated Seventh and Commercial Streets north and abutting Lot 15 in Block 13 and Market Street dying north of Commercial Street, all in Dubuque Harbor Improvement Company's Addition, and also conveying vacated Cedar Street lying between Eighth Street and the alley between Seventh and Eighth Streets in the City of Dubuque, Iowa, now described as Lots 16C in Block 13 and Lot 1D in Block 12, Dubuque Harbor Improvement Company's Addition and Lot 1C in Block 12, Dubuque Harbor Improvement Company's Addition .................................. 105-106 June 20—Interstate Power Company requesting that Council amend Schedule No. 6 Ordinance No. 8-41 by adding the following clause: "Premium Rate for High Load Fac- tor—When Customer's billing exceeds 1,000 KW all energy used in excess of 365 hours use of the billing demand will be billed at $.006 per IiW hour......... 144-152-171 " 20—Interstate Power Company requesting permission to make alterations and additions to the rear of their office building at 1000 Main Street as per blue prints attached................................................................... . ...... 144-155-156 " 30—Irwin, Ray, and Paul Megonigle granted cigarette permit 158 July 7—Iowa Municipal Accounting Officers Associtaion extend- ing invitation to the City of Dubuque to attend the school of instruction to be held in Des Moines, Iowa, on July 16 and 17, 1947 ........................................................ 170 " 17—International City Managers' Association extending invi- tation to have the City of Dubuque represented at the annual conference to be held in Coronado, Calif., Oct. 5-9 ................ 177 " 21—Iowa ..... State Highway Commission submitting attached Primary Road Extension Contract in duplicate for the City of Dubuque ................... 182-183 Aug. 4—Interstate ..................... Power Company submitting report for the year ending December 31, 1946 ............... 209 " 25—Iowa ......................... I...... Aeronautics Commission, Harvey R. Sexauer, Air- port Engineer, in regard to the importance of ade- quate zoning regulations to protect the City's initial investment and to insure safety and utility in the operation of the New Municipal Airport and advis- ing that in order to participate in the Federal Aid Airport Program assurances must be given that ade- quate measures have been taken to maintain the ap- proaches to the airport........................................................ 243-244 INDEX—Book 77 1947 SUBJECT Page Sept. 2—Island I Airport, report of City Manager Rhomberg on the Oct. 6—Iowa operation of same ............... 261-262-287 Improvement Company enclosing letter rec•eiaed from Sumner Sollitt Company .............. _. 287 " 13—Iowa State Commerce Commission order in the neater of an ordinance regulating the speed of trains at grade crossings within the City of Dubuque, Iowa ... .... _..,299.359.360 Nov. 3—Iowa Sewage Works Association suggesting that the City of Dubuque take out a membership in the association 306 3—Illinois Central Railroad Company requesting that Lot 1 of Rock Cut Subdivision be zoned as a heavy indus- trialarea ... .............. I .......... ... ...... I ...................................... 306-353 " 3—Iowa State Highway Commission, City Manager in- structed to communicate with the Commission call- ing their attention to the increased traffic at the New High Bridge and also on Locust Street ....................... 321 " 17—Ideal Plumbing and Heating Co., excavation bond........... 337 INDEX—Book 77 1947 5 t' Page J 6—Jenni Street from the South property line of Lombard Jan. Street to the north property line of Theisen Street, Feb. 3—Jansen, grade established .......................... . Henry, requesting a refund on his cigarette 5-6.12-13 18 Mar. 28—Junior permit .... ...... ..................................... . Chamber of Commerce in regard to Daylight av 70-79 April 7—Jochum, ing Time .......................................................................... . ..... Charles G., requesting permission to erect a Inc., house in General Timber Service, prefabricated 81 the 1800 block on Garfield Avenue ...... • •••.......• May 5—Jenni, Geraldine L., Secretary to City Manager, bond .. 97 97 11 G—Jochum, Frank, Parking Meter Service Man, bond ........ June 2—Jacobson Steel and Supply Company, release and waiver for the construction of a spur track by the Chicago Great Western Railway Company across Twelfth 132 " 30—Johanningmeier, ..... Street .............................................................................. William L., granted cigarette permit.... 160 " 30—Jenkins, Julius D., and Frank J. Fitzpatrick granted cig- 161 " 30—Jenkins, ..... arette permit ................. ............................................... J. D., and F. J. Fitzpatrick granted Class "B" beer permit .. ._.. ........... I.. ............. I......................... 165 " 30—Jefferson Street, City Solicitor instructed to prepare an ordinance to permit parking on only one side of the street.......... ............................................................................ July 7—Jordan, W. J., excavation bond ............................................ 172 " 7—Jefferson Street, recommendation of Chief of Police that parking be prohibited on the south side of the street from Walnut Street to Olive Street ............................. 173 Aug. 4—Johanningmeier, William Leo, granted Class "B" beer permit.................................................................................... 215 " 25—Jaeger-Kunnert Co., requesting permission to extend their present loading dock and new canopy on the Jack- son Street side of their building ............................ 243-275-300-301 Nov. 3—Jenni Street, acceptance of the improvement of same.... 311-312 Dec. 1—Jenkins, Julius D., and Frank J. Fitzpatrick requesting a refund on their Class "B" beer permit. ............... ...... 347 INDEX—Book 77 1947 SUBJECT Page K Jan. 6—Kramer, John (Deed) (Theresa), requesting suspension oftaxes.................................................................................... 4 " 6—Kramer, Nick and Marie J., granted Class "B" beer permit.......................................................................................... 7 " 13—Kauffmann, Arthur C., denial of his offer in the amount of $125.00 for the purchase of Lot 1 of McCraney's 1st Addition and parts of Lots 116, 117, 118 and 119 ofHam's Addition................................................................ 13-14 Feb. 3—Knapp, Clara L., notice of claim .............................................. 17 " 3—Kauffmann, Arthur C., submitting offer in the amount of $200.00 for the purchase of Lot 1 of McCraney's 1st Addition and Lots 116, 117, 118 and 119 of Part of Ham's Addition................................................................... 19 " 3—Kolbe, Herman, requesting the vacation of City property at the southwest corner of 32nd Street and Central Avenue, report of the Planning and Zoning Commis- sion............................................................................................ 20 " 3—Keefe, William, granted Class "C" beer permit ...................... 22-23 " 3—Kane, Mrs. Milly, granted Class "C" beer permit .............. 22.23 " 24—Klein, Frank and Anna, granted cigarette permit .............. 28 " 24—Kissling, Russell, granted cigarette permit .......................... 28 Mar. 3—Key City Gas Company, Excavation Bond ............................ 34 " 14—Krayer, Mae A., Notice of Claim ............................................ 40.237 " 28—Kaufmann Avenue District in regard to bus service........ 70-71 April 7—Kintzinger, John J., appointed City Solicitor and fixing hisbond................................................................................ 77 7—Kenyan, William, et al., requesting that a street light be installed at the intersection of Marquette Place, Henry and Queen Streets ............................•.•.............••••• 82-98 May 5—Krueger, Mrs. Pearl, Notice of Claim .................................... 90-134 " 5—Kane, Allen C., Clerk, City Water Department, bond........ 97 " 5—Kintzinger, John C., City Solicitor, bond .............................. 97 " 5—Kelly, Frank M. and Francis E., granted cigarette permit 102 June 2—Kraus, Frank, granted Class "B" beer permit .................... 136 " 30—Kane, James M., granted cigarette permit ............................ 158 " 30—Koleopulos, Steve, and Christ Kolens granted cigarette permit...................................................................................... 158 " 30—Kramer, Nick and Marie J., granted cigarette permit........ 158 " 30—Klauer-Julien Hotel Company granted cigarette permit.... 159 " 30—Keefe, William F., granted cigarette permit ........................ 159 " 30—Karigan, Andrew D., granted cigarette permit .................... 159 " 30—Klein, Frank and Anna, granted cigarette permit .............. 159 " 30—Kramer, Joseph A., and Louis P. O'Connor granted cig- " 30—Kopp, arettepermit......................................................................... N. J., granted cigarette permit ...................................... 159 159 " 30—Kanavas, George and John G., granted cigarette permit.. 160 " 30—Kraus, Leo M., granted cigarette permit .............................. 160 161 " 30—Kissling, Russell G., granted cigarette permit .................... 161 " 30—Kruse, Geo. C., granted cigarette permit ......... ............... 161 " 30—Kies, Theodore T., granted cigarette permit .............._....... 161 " 30—Kane, John M., granted cigarette permit ............... ............. 161 " 30—Kaiser, Eileen H., granted cigarette permit ........__ .._. .. 161 " 30—Kopple, Harry, granted cigarette permit .............................. 161 " 30—Kraus, Frank, granted cigarette permit .............................. " 30—Kelly, Frank M. and Francis E., granted cigarette permit 161 " 30—Klauer-Julien Hotel Co. granted Class "B" beer permit.... 162-163 " 30—Klein, Frank and Clara, granted Class "B" beer permit.. "B" 162-163 " 30—Koleopulos, Steve, and Christ Koleas granted Class 162-163 " 30—Kauavas, beerpermit ............................ ........__........................ .I ... .. George and Jahn G., granted Glass "B" beer 162 163 " 30—Karigan, permit .......... I .... I........... ............................................ Andrew D., granted Class "P" Leer permit........ 162.163 INDEX—Book 77 1947 SUBJECT Page K " 30—Kane, John M., granted Class "B" beer permit .................... 162-164 July 7—Koenig, Leonard, requesting that curb and gutter be con- structed on Diamond Street .......................................... 169 " 21—Klein, Mrs. Stella, et al., property owners on Mullin Road, Hillcrest Addition, requesting that Mullin Road be improved by the installation of street curbing, gut- tering and sidewalks............................................................ 182 Aug. 4—Kraus, Frank, requesting refunds on both his cigarette permit and his Class "B" beer permit... .. ... ... ... ....... - 208 " 11—Keefe, William F., requesting a refund on his cigarette permit....... .................... ............. ............................ ................ 236 " 11—Koppes, Mrs. Anna, et al., requesting the installation of a street light on Southern Avenue (the old Rockdale Road......................................................................................... 236-244 " 11—Klauer, Peter, granted cigarette permit ..... ............_............ 238 " 11—Klauer, Peter, granted Class "C" beer permit ................. .. 238 " 25—Klauer, Mrs. B. F., addressed the Council stating that she obejcts to the proposed assessments as shown to be levied against her five vacant lots on Perry Street for the construction of the Perry Street sanitary sewer, lift station and force main .................................. " 25—Klauer, W. E., President of Klauer Manufacturing Com- pany, addressed the Council to register a complaint in regard to the operation of the Island Airport and stating that the firm's plane was not being adequate- lymaintained..................................................................... 242 " 25—Kramer, Alois E., granted Class "B" beer permit ................ 249 Sept. 22—Kohimann, Geo., et al., requesting Council to abate the nuisance in their neighborhood caused by the dis- charge of water from the Haudenshield Funeral Home into the open gutter ................................................ 271 " 22—Kolfenbach, Louis, approval by the Planning and Zoning Commission of his preliminary plat of Vernon Heights Subdivision............................................................ 273 Oct. 6—Kramer, Joseph and, Louis P. O'Connor granted Class "B" beer permit .....................................'........... ........................... 292.293 " 13—Kopchansky, Clara, advising that they wish to take the salvage abutting their property on the improvement ofAudubon Street............................................................... 297 Nov. 3—Kopchansky, Mr. and Mrs. Mike, et al., requesting the installation of a street light on the corner of Loras Boulevard and Audubon Street ........................................ 307 " 3—Kress, Henry L., granted cigarette permit ............................ 318 " 10—Kintzinger, J. J., appointed as Clerk Pro Tem of the Councilmeeting.................................................................... 322 INDEX --Book 77 1947 SUBJECT Page L Jan. 15—Lundbeck, Catherine S., requesting suspension of the 1946 tax on Lot 11 of Cox's Addition....... . _................ 11.19 Mar. 3—Leytem, Arnold J., submitting offer to the Board of Su- pervisors in the amount of $250.00 for the purchase of the South 43 feet of the West 100 feet of Lot 5, the North 7 feet of the West 100 feet of Lot 5, the South 33 feet of the West 100 feet of Lot 6, the North 17 feet of the West 100 feet of Lot 6, all in Jaeger's Subdivision............................................................................ 31-45 " 3—Lease between the City of Dubuque and the United States of America for the purpose of Naval Reserve Armory to be located on Lots 340, 341, 342, 343 and the abutting alley, all in Ham's Addition consisting of 0.85 of an acre...................................................................... 32-38 " 14—League of Iowa Municipalities asking the City Council to contact the representatives of Dubuque County for their support of H.J.R. 5 and Enabling Act provid- ing for the appointment of a state building code council to prepare a modern and uniform building codefol- Iowa..................................................................... 41 " 14—Lindeke, A. W., requesting permission to erect a 6 -room General Timber Service, Inc., Fabricated Panel House to be located on Bradley Street ........................ 41 " 5—Lewis, E. F., et al., property owners, requesting that For- est Lane be paved................................................................ 89-134 " 5—Librarian of the Public Library, annual report .................. 94 " ;—Luke, Hylda N., Recreational Director, bond ...................... 97 IG—Linwood Cemetery Association requesting permission to blast out tree stumps near the entrance in the ceme- .......................................................................................... tery116 16—Linwood Cemetery Association, blasting bond .................... 116 June 2—Link, Leo F. and Bernice, granted Class "B" beer permit 136 " 30—Library Tax Levy Certificate.................................................... 151 " 30—Lick, Leo F., granted cigarette permit .................................. 158 " 30—Loyal Order of Moose granted cigarette permit ................ 158 " 30—Leik, Wm. C., granted cigarette permit ................................ 159 " 30—Lanser, Geo, and Helen, granted cigarette permit .............. 160 " 30—Landolt, Frederick, granted cigarette permit .................... 160 " 30—Ludwig, M. J., granted cigarette permit ................................ 160 " 30—Lynn, Melvin C., granted cigarette permit ............................ 160 " 30—Loral College granted cigarette permit ..•... •••. • • . . ..• 160 " 30—Luxemburg Club of Dubuque granted cigarette permit...... 161 " 30--Lanser, George and Helen, granted Class "B" beer permit 162-163 July 7—Linehan & Modo, excavation bond .... •. •• • . • .• ........... 172 " 21—Landolt, Fred, operator and manager, and Harold S. Wag- ner, property owner, together with the petition of Harold S. Wagner et al. requesting the re -zoning of the property located at the southeast corner of West Locust and Kirkwood Streets from its present mul- tiple family district classification to local business 21—Lockhart district classification .... -.. •.. • ........••....• .......-...183-208-237-238 Plumbing and Heating Company, excavation -r Aug. 4—Luthe, bond............................ Herman F., et al„ residents and property owners of the 2400 block on Central 186 living in the vicinity Avenue, objecting to the granting of a building per- mit to Loible's Body Service to erect a new building 207 208 to be located at 2454 Central Avenue ............................ INDEX—Book 77 1947 SUBJECT Page L " 4—Lubek, Mrs. Christina, et al., protesting against the re- zoning of Kirkwood and West Locust Streets from a multiple to a business district and again calling at- tention to the fact that a Trailer Camp is located at present on this property and is a menace to the resi- dents of this district ..... .... ........ ...................... ................. 208.237-238 " 4—Lombard Avenue from Meadow Lane to Gondoifo Street, recommendation of City Manager Rhomberg that curbs and gutters be constructed on said street........ 214 " 4—Laurel Street from Grandview Avenue to Cannon Street, recommendation of City Manager Rhomberg that said street be paved............................................................ 215 " 4—Luxemburg Club of Dubuque, Iowa, granted Class "B" beer permit for private club .............................................. 215 Sept. 2—Lewis, Harry, by Czizek & Czizek, Attorneys, requesting that a permanent grade be established upon Globe Street from the westerly line of Harold Street west- erly to the end of Lot 30 in J. P. Schroeder's Add. 256 " 2—Lynn, Del, making formal application to operate at the Island Airport under the same terms as the present operator, H. N. McAndrews, is operating ...................... 262-287 " 2—Loyal Order of Moose granted Class "B" beer permit for privateclub........................................................................... 262-263 Oct. 13—Luckman, Charles, Chairman, President's Citizen Food Committee, requesting the appointment and organiz- ing of a Local Citizens Food Committee for the dura- tion of the emergency and that a proclamation be issued in support of the Citizens Food Committee program.................................................................................. 297 Nov. 10—Laramore & Douglas, Inc., submitting two copies of their report covering the schedule of rates proposed by The Key City Gas Company .............................................. 323 " 10—Laramore & Douglas, Inc., submitting copies of a state- ment showing the probable revenue which the rates proposed by The Key City Gas Company on August 4 and modified on November 4 should bring ................ 324 " 17—Laramore & Douglas, Inc., submitting three copies of a draft of the proposed ordinance fixing the gas rates for The Key City Gas Company ........................................ 330-339 " 17—Lange, Robert A., and John D. Paine granted Class "B" beerpermit............................................................................ 337 " 19—Lyons, Anna May, Notice of claim of ...................................... 354 " 19—LeVan, Archie, (Modern Plumbing and Heating Co.), ex- cavationbond........................................................................ 357 INDEX—book 77 lug r SUBJECT Page Mc Jan. 6—McCarthy, Peter H., in regard to the ownership of Wash- ington Park and that efforts be made in perfecting the title of Washington Park in the name of the City of Dubuque............................................................................. 2 Mar. 3—McDonough, Melvin, granted Class "B" beer permit........ 37 May 5—McUraw, J. E., objecting to the erection of a sign board on the lot located at 1795 Central Avenue .................... 93 " 5—McCarthy, C. J., Market and Harbor Master, bond............ 97 June 2—McDonald, A Y., Jr., appointed as a member of Board of Dock Commissioners for a 3 -year term expiring No- vember26, 1949 ..................................... ............ _............. 138 " 20—McMahon, George, et al., requesting the rezoning of the property known as the McMahon property located on the Rockdale Road and South Grandview Avenue., 143-185-186 " 30—McDonald, Daniel, granted cigarette permit ........................ 158 " 30—McNamara, Earl J., granted cigarette permit .................... 158 " 30—McDonuogh, Thomas F. and Ruth, granted cigarette permit...................................................................................... 158 " 30—McDonough, Melvin B., granted cigarette permit ................ 159 " 30—McLaughlin, Frank, granted cigarette permit ...................... 160 " 30—McFarlane, Robert, granted cigarette permit .................... 160 " 30—McCauley, Francis, granted cigarette permit ........................ 161 " 30—McCann, Eugene, granted cigarette permit .......................... 161 " 30—McDonald, Daniel and Loretta, granted Class "B" beer permit..................................................................................... 162 " 30—McLaughlin, Frank and Anna, granted Class "B" beer permit...................................................................................... 162-164 Sept. 2—McDonough, Thomas F. and Ruth, granted Class "B" beer permit................................................................................... 262-263 Oct. 6—McCann, Eugene P., granted Class "B" beer permit.......... 292-293 Nov. 3—McFarlane, W. J., authorizing the Mayor and Clerk to execute a corrected quit claim deed conveying Lot 1 of 19 and Lot 1 of 20 of Mill's West Dubuque and Lot 1 of 225 of Woodlawn Park Addition .................... 320 INDEX—Book 77 1947 SUBJECT M Jan. 6—MihnsideAgatha, construct ofLot 284abutting thesidewalk 170 feetDavis Farm Addition................................................................................. 1 " 15 --Marine Corps League Welfare Foundation requesting per- mission to exhibit enemy war material on the streets of the City of Dubuque........................................................ 3 " 15—Mississippi Valley Association extending invitation to the Council to attend the annual meeting to be held in St. Louis on January 20-21 ................................................ 9 " 15—Municipal Airport, City Manager, instructed to invite Aviation Consultants to meet with the City Council with a view to having a Master Plan of Airport facilities prepared together with their recommenda- tions for the future operation and maintenance of theAirport..................................................................... 15 Feb. 3—Murray, Ida B., et al., residents and property owners in vicinity of Kaufmann Avenue requesting the exten- sion of bus service to this vicinity .................................. 19 " 3—Murphy, Orville P., granted cigarette permit .... .................. 22 " 3—Murphy, Orville P., granted Class "B" beer permit ......... 22-23 " 24—Moffatt, Councilman, appointed Mayor Pro Tem of the meeting.................................................................................. 24 " 24—Morrow, Marjorie G., and Hazel A. Schwartz requesting a refund on their cigarette permit ................................. 27 " 24—Mid-Continent Airlines, Inc., in the rehearing, reargu- ment, or reconsideration of the Civil Aeronautics Board's findings in the North Central Case, pursuant to Rule 4 (b) of Section 285.1, Rules of Practice under Title IV of the Civil Aeronautics Act ................ 27 Mar. 3—Mancini, Ventrella & Sons, by Joseph Ventrella, request- ing permission to use explosives in the excavation of trench work on the construction of the Kaufmann Avenue Sanitary Trunk Sewer ........................................ 31-32 " 3—Master Plan, recommendation of the Planning and Zon- ing Commission that the report of Mr. Hartzog, Planning Consultant, be accepted as an amendment to the Master Plan as the basis for the future de- velopment of the East Industrial Area .......................... 34-100 " 3—Moes, Anthony M. and Donald C., granted Glass "B" beer permit................................................................................... 35-36 " 3—Merchants Hotel granted Class "B" beer permit ................ 37 " 14—Magana, Minnie, Original Notice of Suit .............................. 39.358 " 14—Municipal Airport, Proposal and form of contract of the Aviation Services Company of Minneapolis for con- sultant services for the development, operation and maintenance of said airport .............................................. 47-64 " 28—Milk Inspector Chapman instructed to notify City Man- ager Rhomberg when butterfat and quality of milk show a decrease approaching the minimum required by Ordinance the City Manager in turn to arrange a meeting of the Board of Health to cope with the problem ........ . April 7—Murphy, Councilman Geo, R., elected Mayor for the en- suing fiscal year................................................................... 77 " 7—Murphy, Mayor Geo R., sworn in as Mayor for the en- suing fiscal yeas . .............................. 7—Mary Agard Tent, D.U.V., requesting permission to hold a Flag Day on Saturday, June 14, 1947 ........................ " 7—Mihalis, 81 Ellas and Ruby, granted Class "B" beer permit 86 INDEX --Book 77 1941 SUBJECT Page M May 5—Murray, G. D., Vice Admiral U. S. Navy, Commandant, Ninth Naval District, advising that the Congress of the United States has decided that Quonset but type Naval Reserve Training Centers will be erected where sites have been provided for such installation 91 " 5—Murray, G. D., Vice Admiral, U. S. Navy, Commandant, Ninth Naval District, in regard to a program to in- crease membership in the Naval Reserve and to es- tablish a Reserve Organization and asking the Mayor to act as Honorary Chairman of a local Civilian Committee to assist in the program during the week of May 18 to 25 and culminating on Naval Reserve Day, May 25th • .................................. ......................... .... 92 " 5—Murphy, Mayor, appointment of a Civilian Conuuittee to assist in the Naval Reserve Program and the estab- lishment of a Reserve Organization .............................. 92 " 5—Mulligan, James L., submitting offer in the amount of $50.00 for the purchase of Lot 210 in Union Addition 92-135 " 5—Moore, Mae Agnes, Clerk, Health Department, bond ... 97 " 5—Marshall, Robert P., City Auditor, bond ......................... 97 " 9—Meyer, Martin and Vernon, granted Class "B" beer permit................................................................. ................ 109 " 16—Murray, G. D., Vice Admiral, U. S. Navy, Commandant, Ninth Naval District, advising that the contract for the construction of one Divisional Naval Reserve Training Center in Dubuque, Iowa, has been awarded to the Gene Hurley Construction Company, West St. Paul, Minn . ..................... ...... ..... ..............._ .................. 115-116 .June 20—Miner, D. W., et al., requesting the installation of a street light at the coroner of Farley Street and Lincoln Avenue ...................... _ .... .. .... ..... ..... ........ 143-153-15.1 " 30—Municipal Airport location, approval by the Department of Commerce Civil Aeronautics Administration, the Public Roads Administration, the Iowa State High- way Commission, the State Aeronautics Commission 150.151 " 30—Moffatt, Thomas W., et al., residents in the vicinity of Lombard and Gandolfo Streets, requesting that a street light be installed at the intersection of Lom- bard and Gandolfo Streets . ..................••........... 152 " 30—Martin, Angela E., granted cigarette permit ...................... 158 " 30—Meugis, Walter, granted cigarette permit ......................._.. 15S " 30—Meyer, Paul J., granted cigarette permit .......... ................... 159 " 30—Manternach, Gus L., granted cigarette permit ................... 159 " 30—Miller, George, granted cigarette permit ..... ... ` " 30—Meisenburg, John, and Carl E. Blosch granted cigarette " 30—Mihalakis, permit__ ................................... ................ _..... ......... Phillip, granted cigarette permit ... ............ .. 159 160 " 30—Meyers, Kermit, and Thomas Lilly granted cigarette. 160 " 30—Manders, permit........................ .... ...... .. John P., granted cigarette permit ..................... 160 " 30—Meyer, Martin and Vernon, granted cigarette permit . _.... 160 " 30—Maas, William and Elizabeth, granted cigarette permit ... lf,O 16O " 30—Meis, Stanley, granted cigarette permit .. _. ..... 100 " 30—Murphy, Orville P., granted cigarette permit .. _ 1G() " 30—May, Leander W., granted cigarette permit ....... _ „ .. 161 " 30—Maas, Melvin H., granted eigarete permit . .. _.._ 161 " 30—Mihalis, " 30—Murphy, Ellas, granted cigarette permit .... ..... Harry and Dorothy, granted cigarette permit - 161 " 30—Manders, Edmund N., granted cigarette permit _ .__ 161 " 30—Moes, Anthony M. and Donald C., granted cigarette 161 " 30—Meyer, permit ............................................ Albert M., granted Class "P" hoer permit 162-163 INDEX- Gook 77 I i.1 ECT 19 17 Vat M " 30—Mengis, Walter and Mathilda, granted Class "B" beer ... .. permit..................._............................................ 162-163 " 30—Meisenburg, John, and Carl E. Blosh grantedClass "B" ................ permit . .................................................. ............ 162 163 " Maas, William and Elizabeth, granted Class "B" beer permit 162-16.^, " 30—Maas, Melvin H., granted Class "B" beer permit.... ....... 162-164 July 7—Muncipal Airport, public hearing to be held on the sub- ject of operating and leasing procedures upon the newfield ..........._ ................ .............................................173.210-211 " 7—Mayor Murphy stated that on behalf of the City Council that he wishes to thank Admiral Murray of the (treat Lakes Naval Station for the pictures showing the New Naval Reserve Armory and that the pictures were being turned over to the Naval Reserve Unit. 175 " 7—Moffatt, Councilman, entered the Council Chamber and took his seat at 9:15 p, in ............................................... 175 " 17—Moes, Anthony M. and Donald C., granted Class "B" beer permit..................................................... .............................. 179 " 21—Mulgrew, Thomas J. Co., by Thomas J. Mulgrew, request- ing the vacation and conveyance of Camp Street, from the east side of Water Street to the west side of Terminal Street ....................... .............................. 182-203-212-289 " 21—Markey, William, re -appointed as a member of the Board of Library Trustees for a term of six years, said term expiring July 1, 1953 ................................................ 186 Aug. 4—Murphy, Harry J. and Dorothy, granted Class "B" beer permit..................................................................................... 215 " 4—Miller, Mrs. Florence M., granted Class "B" beer permit 215 " 25—Murphy, Mayor Geo, R., appointed as a member of the examining board to determine the qualifications of City Assessor as required by the new assessment law...................................................................................... . 250 Sept. 2—Municipal Airport, Completion of project, notice from Department of Commerce, Civil Aeronautics Admin- istration 2 - " 22—Mulgrew, Thos. J. Co., by Thomas J. Mulgrew, stating Terminal Street is badly in need of repairs... ............. 271 " 29—Mancini, Ventrella & Sons, requesting an extension of time until December 31, 1947, for the completion of their contract for the construction of the Kaufmann Avenue sanitary trunk sewer .......................................... 283.287 " 29—MacInerney, C. J., requesting that the property on South- ern Avenue from the Brookside Dairy to the former grocery store be rezoned to semi -business or light industrial classification ......... ............ 283-291.301-302-305-322-323 Oct. 6—Murphy, Mr., a member of the Tri-State Flying Club, addressed the Council stating that he did not think it practical to have more than one flying operator at l the Island Airport ................. „............................................ 287 6—Miller, Fay, submitting offer for the purchase of the South 20 feet of the North 54.5 feet of Lots 1 and 3 of Block D in Industrial Subdivision " 288 ............................ 6—Miller, Katie A., requesting suspension of the 1946 taxes on Lots 9 and 10 of Johnston's Subdivision ....... I........ " G—Mihalakis, Philip, granted Class "B" beer 289-298 permit ................ " 13—Melloy, P. W., requesting that his two lots located in the 292-293 900 block on Seminary Street be rezoned as he de- sires to erect a 2 -fancily dwelling............ I ....................... Nov. 3—Marietta, Eldon J., stating that he desires to take the sal- 298 vage in front of his property at 1670 Audubon Street 308 INDEX—Book 77 19 17 SUBJECT' Page M " 3—Mancini " and Ventrella and Son, blasting bond .................... 309 17—Meyer, Herbert and Walter, granted Class "B" beer Dec. 1—Manahl, permit.............................. ............................ . .... Leo, granted Class "C" beer permit ...... 337-338 351 1—Mayor, Murphy, authorized to issue a proclamation re- questing that flags be placed at half mast on Thurs- day, December 4, 1947, in recognition of the be- ginning of the Federal Program for the return of the remains of the war dead to their respective com- " 19—Mississippi munities ................................ Valley Association advising that (lie Missis- sippi Valley Association Convention will be held in " St. Louis on January 26-27, 1948 .. ... ............. 355 19—May, Caroline M., requesting the vacation of the alley between Lot 1 of 35 of Stewart's Sub. and Lot 2 of Sub. Lots 24 and 25 in Stewart's Sub ............................. 356 N INDEX—Book 77 1947 SUBJECT Page N Mar. 3—Naval Reserve Armory, Lease between the City of Du- buque and the United States of America for the pur- of locating said Armory on Lots 340, 341, 342, pose 343 and the abutting alley, all in Ham's Addition........ 32-38 " 3—Noel, John E. and June, granted Class "B" beer permit . 35-36 " 14—National Conference on Fire Prevention, Mayor invited to attend the conference to be held in Washington, D. C., on May 6, 7 and 8 of this yearr................................ 40 " 14—"No Turn," Recommendation of Chief of Police that a "No Turn" provision at Eighth and Main Streets be embodied in the Traffic Code and Ordinance of the Cityof Dubuque............................................................... 42 " 28—Navy Club of Dubuque, Shop No. 67, appi cation for a Class "B" beer permit for private club........ . __74-84.102 April 7—National Sunday School Week asking the City of Du- buque to join in the observance of said week .......... 80 " 7—New York Casualty Company submitting for filing the Power of Attorney when signed by C. H. Sanner or M. P. Hogan......................................................................... 80 May 5—National Federation of the Blind requesting that the week of May 15 to 21 be declared White Cane Week....... 91 " 5—National Flag Week, request that a proclamation be is- sued designating the interval between June 8 to 15 as National Flag Week ...................................................... 91 " 5—Naval Reserve Training Centers, erection of Quonset but typebuildings .. ..... .... .......... .................... ... ............ I.. ....... ...... 91 " 5—Naval Reserve program, in regard to a program making available opportunities and advantages to young Americans in the New Civilian Naval Reserve and the establishing of a Reserve Organization and re- questing the Mayor to act as Honorary Chairman of a local Civilian Committee, to be appointed by him, to assist in the program .... .......... ....... .............. 91-92 " 5—Norton, Luvern Carl, Electrical Inspector, bond ................ 97 " 5—Navy Club of Dubuque, Ship No. 67, granted cigarette Permit...................................................................................... 102 " 5—National Tea Company, granted cigarette permit .............. 102 " 9—Naval Reserve Armory, renewal of lease for naval reserve armory on Waterworks property in Ham's Addition 107 June 2—Neyens, Fred E., appointed as a member of the Board of Dock Commissioners to fill the unexpired term of Mark Gavin, said term expiring November 26, 1948. 138 " 20—National Safety Council in regard to a safety campaign to make the Fourth of July a day of safe celebration 142 " 20—Navy Club of the United States of America requesting Permission for the placing of an exhibit of one of their Mobile War Exhibits in Dubuque ........................ 143 " 30—National Institute of Municipal Law Officers asking Council to authorize the attendance of City Solicitor Kintzinger at the Annual Conference to be held at Los Angeles on September 29 and30 and October 1, 1947 ........................ ................................................................. 149 „30—National Tea Company granted cigarette permit 158 30—Noel, ............... John E. and June, granted cigarette permit............ 158 " 30—Navy Club of Dubuque, Ship No. 67, granted cigarette " 30 permit Permit................................................................................. Tea Company granted cigarette permit 159 159 30—Nicks, .............. Ray N., granted cigarette permit 159 .............................. 30—Nardin, George A., granted cigarette permit ....................... 30—North End Choral Club 159 " 30—Niclts, granted cigarette permit ............. Gilbert and Josephine, granted cigarette permit.... 160 160 INDEX—Book 77 1947 SUBJECT Page N 30—Nacos, Thomas E., granted cigarette permit ........................ July 17—Noel, Joseph D., requesting a refund on his Class "B" beer permit......................... ................... p Aug. 4—Nicks, Gilbert J. and Josephine, granted Class "B" beer Permit........................................................... Sept. 2—Nardin, George A. and Bessie, permit granted Class "B" beer ............................................................................. 2—National Tea Company granted Class "C" beer permit.... 22—Navy Club, Ship No. 67, requesting permission for the holding of an Anchor Day Sales ............... :........................ " 22—Navy Mother's Club Battleship Iowa, No. 44, requesting permission to hold a tag day ........................................ 29—Noel, John E. and June, granted Class "B" beer permit. Nov. 3—Nicks, Ray, granted Class "B" beer permit .......................... 3—North End Choral Club granted Class "B" beer permit forprivate club................................................................... 10—Nacos, Thomas E., requesting a refund on his cigare...tte permit Dec. 1—National Safety Council in regard to the annual cam- paign to reduce accidents during the year-end holi- day............................................................................................ 161 177 216 262-263 262-263 271 271 283-284 319 319 323 347 INDEX—Book 77 1947 SUBJECT Page O Jan. 6—Ordinance No. 46-46. An ordinance amending the "Build- ing Code of the City of Dubuque, Iowa," by permit- ting different type chimneys for gas -burning heating units................................................ 3 " 6—Ordinance No. 1-47. An ordinance amending Ordinance No. 29-46, "Being an Ordinance granting permission to the Iowa Improvement Company to construct a sanitary sewer connecting with the city sewer at Hillcrest and Asbury Streets," by striking certain parts thereof requiring a sewer to be erected at de- finedplaces............................................................................ 3, 11, 12 " —Ordinance No. 2-47. An Ordinance establishnig a grade 'on Stetmore Street from the south property line of Lombard Street to the south property line of Theisen Street.................................................................................... 6-12 " 6—Ordinance No. 3-47. An Ordinance establishing a grade on Jenni Street from the south property line of Lom- bard Street to the north property line of Theisen Street........................................................... ....................... 6-12-13 " 6—Ordinance No. 4-47. An Ordinance establishing a grade on Theisen Street from the east property line of Jen- ni Street to the west property line of Stetmore Street 6.13 Feb. 3—O'Connor, Thomas & O'Connor, by F. A. O'Connor, ask- ing that the City Council take favorable action at the earliest possible elate on the petition of St. Clara College requesting the opening of Platt Street near MercyHospital...................................................................... 17 " 24—Ordinance No. 5-47. An Ordinance amending and chang- ing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 designated "Zoning Or- dinance of the City of Dubuque" so as to classify the entire area bounded by West Third Street, Burch Street and Hill Street into Multiple Residence Dis- trict Classification.................................................................. 24.32-33 " 24—O'Connor, Thomas & O'Connor, by E. Marshall Thomas, advising that they represent J. Edward Walbrun and are filing a notice of claim in the amount of $5,000.00 25 " 24—Ordinance No. 6-47. An Ordinance providing for the vacation of part of Booth Street north of Martha Street next adjoining Lot 1 of 1, Lot 1 of 1 of 2 and Lot 1 of 2 of Trenk's Sub., and for the conveyance of parts of said street to the respective abutting owners.................................................................................... 28-33-34 Mar. 14—Ordinance No. 7-47. An ordinance relating to traffic and regulating the use of public streets in the City of Dubuque, Iowa; prescribing regulations relative to the parking of vehicles upon such streets; providing for purchase, rental, installation, operation, mainten- ance ,supervision, regulation and control of the use of parking meters; defining and providing for the establishment of parking meter zones upon the pub- lic streets and for an enforcement thereof and pro- viding penalties for the violation thereof .................... 39-48-49-50 " 21—Ordinance No. 8-47. An Ordinance amending Ordinance No. 12-38, Ordinance No. 10-43 and Ordinance No. 8-44, "Authorizing Interstate Power Company, its successors and assigns to substitute motor bus trans- portation, for street railway transportation; desig- nating motor bus routes, etc., by changing certain defined bus routee, providing for certain bus stops, and by repealing ordinances in conflict herewith...... 53-54-71-72 INDEX-13ook 77 1947 SUBJECT Page O " 21—Ordinance No. 9-47. An ordinance amending Ordinance No. 10-37, being an ordinance designated as "Traffic Code of the City of Dubuque" being in relation to turning of vehicles at intersections ................................ 54-72 " 21—Ordinance No. 10-47. An Ordinance making appropria- tions for the expenditures of city government for the fiscal year beginning April 1, 1947, and ending March 31, 1948..............................................................................64-66-67-68-69 " 28—Ordinance No. 11-47. An Ordinance amending Ordi- nance No. 1-39, being "An Ordinance regulating the use of vehicles upon the streets of the City of Dubuque; designating the provisions hereof as the Traffic Code" of said City; repealing all ordinances or parts of ordinances in conflict herewith," by re- pealing (d) "Rule 108" Paragraph 736, Section 1, and enacting a substitute therefor ....................................... 72-82-83 " 28—Ordinance No. 37-46. An Ordinance amending Ordinance No. 12-38, Ordinance No. 16-42 and Ordinance No. 10-43, being Ordinance and amendments thereto "Authorizing Interstate Power Company, its success- ors and assigns to substitute motor bus transporta- tion for street railway transportation; designating motor bus routes by changing certain defined bus routes and by repeaing any and all ordinances or parts thereof in conflict herewith .................................... 74-75 April 7—Oberhausen, John C., appointed Police Judge and fixing hisbond................................................................................ 77 " 7—Olday, Madelyn, granted cigarette permit .............................. 86 May 5—O'Connor, Thomas & O'Connor, by E. Marshall Thomas, requesting that quit claim deeds be executed and de- livered to the Interstate Power Company conveying vacated Seventh and Commercial Streets north and abutting Lot 15 in Block 13 and Market Street lying north of Commercial Street, all in Dubuque Harbor Improvement Company's Addition and also convey- ing vacated Cedar Street lying between Eighth Street and the alley between Seventh and Eighth in I,, the City of Dubuque, Iowa, now described as Lots 18C in Block 13 and Lot 1D in Block 12, Dubuque Harbor Improvement Company's Addition and Lot 1C In Block 12, Dubuque Harbor Improvement Company's Addition............................................................. 89 " 5—O'Brien, Mrs. Toni, Notice of Claim ....................................... 90-245 " 5—Our Lady of Lourdes Home objecting to the erection of a sign board on the lot located at 1795 Central Ave- nue.................................................................................... 93 " 5—Ordinance No, 12-47. An Ordinance providing for the vacation of the alley first northerly of Robin Street from the Easterly line of Lot 37 to the Westerly line of Lot 41 of Rose Hill Addition and conveying said alley to the prospective abutting owners .................... 93-112 " 5—Oberhausen, John C., Police Judge, bond .............................. 97 " 5—O'Leary, Daniel J., Plumbing Inspector, bond ..................... 97 " 5—Oster, Lucille, Clerk, City Water Department, bond....... 97 " 9—Ordinance No. 13-47. An Ordinance vacating certain streets, parts of streets and alleys lying and situated in East Dubuque Addition No. 2 and Railroad Addi- tion in the City of Dubuque and providing for the granting and conveying of the title thereto to the Dubuque Packing Company and declaring an emerg- ency..................................... r" INDEX—Book 77 1947 _ SUBJECT Page 0 " 9—O'Connor, Thomas & O'Connor, by E. Marshall Thomas, requesting that quit claim deeds be executed and de- livered to the Interstate Power Company conveying vacated Seventh and Commercial Streets north and abutting Lot 16 in Block 13 and Market Street lying north of Commercial Street, all in Dubuque Harbor Improvement Company's Addition, and also convey- ing vacated Cedar Street lying between Eighth Street and the alley between Seventh and Eighth Streets in the City of Dubuque, Iowa, now described as Lots 16C in Block 13 and Lot 1D in Block 12, Du- buque Harbor Improvement Company's Addition, and Lot 1C in Block 12, Dubuque Harbor Improve- ment Company's Addition .................................................. 105-106 " 9—Ordinance No. 14-47. An Ordinance repealing "Ordi- nance No. 17-45, designating certain parcels of ground owned by the City for playground and recrea- tion purposes," and designating certain parcels of ground owned by the City of Dubuque for playgrond and recreation purposes .......................................... ....... 108-115 " 9—Ordinance No. 15--47. An Ordinance Regulating the Parking and Location of Automobile Trailers and Regulating the Licensing, Location, Erection, Main- tenance and Conduct of Automobile Trailer Camps and Tourist Camps and Providing a Penalty for the Violation Thereof ... ..._ _ _ _.............__. _ ..............._ 110 " 19—Ordinance No. 16-47. An Ordinance amending Ordi- nance No. 11-47 being "An Ordinance amending Or- dinance No. 1-39, an Ordinance regulating the use of vehicles upon the streets of the City of Dubuque designating the provisions thereof as the "Traffic Code" of said City, by establishing parking regula- tions on West Fifth Sheet west of Bluff Street........ 121-125 " 26—Ordinance No. 17-47. An Ordinance amending and changing the 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 "Local Business District" classification certain defined territory now being delimited as "Two -Fam- ily Residence District" classification ............................ 123-133 .June 2—Ordinance No. 18-1947. An Ordinance granting to the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, its successors and assigns, the right to construct, maintain and operate an Industry Track over, along and upon a portion of Lynn Street.......... 129-141 " 30—Ordinance No. 19-47. An Ordinance amending Ordi- nance No. 8-41 being "An Ordinance fixing and es- tablishing rates to be charged for the furnishing of electricity for residential, commercial, street light - mg, power and other uses," by amending the sched- ule rates for Large Industrial Power Service Users 152.171 " 30—Oasis Club granted cigarette permit .................................... 158 July 7—O'l-learn, Roy, requesting that curb and gutter be con- structed on Diamond Street ............ 169 —Ordinance No. 20-47. An Ordinance amending Ordinance No, 1-39, amending Ordinance No. 10-37 entitled "An Ordinance regulating the use of vehicles upon the streets of the City of Dubuque, designating the Provisions thereof as the "Traffic Code" of said City, by establishing parking regulations upon certain streets hereinafter designated ............................177-178-200-201 INDEX—Book 77 1947 SUBJECT Page O " 17—Ordinance No. 21-47. An Ordinance to provide for the selection of a City Assessor and for the assessment of property under Chapter 405, Code of 1946, as pro- vided by Chapter 240 of the Laws of the 52nd Gen- eral Assembly _ 178-201 ............................................................. " 21—Ordinance No. 22-47. An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No, 3-34 designated "Zon- ing Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" classifica- tion certain defined territory now being delimited as "Single Family Residence District" classification . 181.211-212 " 25—Ordinance No. 23-47. An Ordinance providing for the vacation of that part of Camp Street extending from the east side of Water Street to the west side of Terminal Street and granting and conveying said part of said street to Thos. J. Mulgrew Co ................. 203-212 " 25—Ordinance No. 24-47. An Ordinance providing for the vacation of that part of Peabody Street extending from the East line of James Street to the West line of former Augusta Street and granting and convey- ing said part of said street to St. Joseph Mercy Hos- pital of Dubuque...............................................................204.212-213 Ang. 4—O'Connor, Thomas & O'Connor, by E. Marshall Thomas. requesting that quit claim deeds be executed by the City of Dubuque to Dr. and Mrs. Thos. Greteman and to Mr. and Mrs. Joseph P. Even in accordance with the provisions of an Ordinance adopted in 1915 va- cating an alley in Paulina Langworthy's Subdivision between West Fourth and Fifth Streets and Alpine and Paulina Street in favor of abutting owners and that no deeds were ever executed by the City of Dubuque to the abutting owners ...• ..................• .....•.... 209.210 " 4—Ordinance No, 25-47. An Ordinance amending Ordi- nance No. 7-41 being an Ordinance defining "milk" and certain "milk products," etc., by defining "Cereal Milk," "Whipping Cream" and providing for appro- val of "Single -service Containers" . ........... .. I ... ..211-236-237 " 4—O'Hagan Street from Finley Street to Pre_seul Curb. recommendation of City Manager Rhomberg t ii: t curbs and gutters be constructed on said street 214 " 11—Osborn, Lynn C., Notice of claim of ...................................... 235-258 " 25—O'Connor, Thomas & O'Connor, by E. Marshall Thomas, requesting permission and authorization for the Illi- nois Central Railroad Company to construct and maintain a side track on Salina Street to serve Marmis & Solomon ......................... .................... 243-276-289-290-291 " 25—Ordinance No. 26-47. An Ordinance Amending Ordi- nance No. 10-47, being an Ordinance entitled "All Ordinance Making Appropriations for the Expendi- tures of the City Government of the City of Du- buque, Iowa, for the Fiscal Year April 1, 1947, and Ending March 31, 1948," by adjusting appropriations made under Group I—General Administation, Group VIII—Miscellaneous, and Group XVI—Water Works 246-257 Sept. 2—Oasis Club granted Class "B" beer permit for private club................................................................... ................. 2(,2-263 " 22—Ordinance No. 27-47. An Ordinance granting to the Illi- ois Central Railroad Company, its successors and as- signs, right to construct and maintain a sidetrack INDEX Book 77 1947 SUBJECT Page 0 from its tracks in Salina Street north of Charter Street, thence in a northeasterly direction in Salina Street and into the premisesdescribed as Lot 12 and the north 40 feet of Lot 11, all in Block 13, in Du- buque Harbor Company's Addition in the City of Du- buque, Iowa, and providing the terms and conditions thereof......276-290-291 ...................................... " 22—Ott, Joseph J., granted cigarette permit ................................ 277 Oct. 13—Order of the Iowa State Commerce Commission in the matter of an ordinance regulating the speed of trains at grade crossings within the City of Dubuque, Iowa.......... ......... ............ .... ....... ................. ....... ..... ...... ...299-359-360 .... 13—Ordinance No. 28-47. An Ordinance regulating the speed of trains at grade crossings within the City of Du- buque, repealing all ordinances or parts of ordi- nances in conflict herewith and providing a penalty for violation hereof........................................................... 300-309 Nov. 3—Ordinance No. 29-47. An Ordinance amending and chang- ing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to extend the present Light Industrial District at the north- west corner of Lot 3 of Randall's Sub. No. 2, thence southerly along the easterly line of Southern Ave- nue to the intersection of the easterly line of South- ern Avenue and the southwesterly line of Lot 1 of 2 of 3 of Mineral Lot 37; thence southerly along the westerly line of Lot 1 of 2 of 3 of Mineral Lot 37 to the point of intersection with the line northwesterly of Dubuque -Cascade Road; thence northeasterly along the northwesterly line of the Dubuque -Cascade Road to the present Light Industrial District in Lot 1 of 2 of Randall's Sub. No. 2 ............. ....... .......... .... ..... 305-322-32:1 Nov. 3—O'Connor, Thomas & O'Connor, by Francis J. O'Connor, attorneys for the Illinois Central Railroad Company and the Algonquin Chemical Company, requesting that Lot 1 of Rock Cut Subdivision be zoned as a heavy industrial area.......................................................... 306-353 3-0'Meara, Louis, granted cigarette permit ............................ 313 10—Ordinance No. 30-47. An Ordinance amending Ordi- nance No. 7-47, being an Ordinance relating to traffic and regulating the use of public streets, pre- scribing regulations relative to the parking of ve- hicles, providing for the purchase, rental, super- vision and control of the use of parking meters, etc." by extending the parking meter zones and provid- ing regulations for- the use thereof ............. ....... ........ 322-332-333 17—Ordinance No. 31-47. An Ordinance fixing and estab- lishing rates to be charged for the furnishing of gas for residential, commercial, industrial and other uses and purposes within the City of Dubuque, Iowa; fix- ing and regulating the method of service thereof, prescribing a penalty for violation thereof; repeal- ing all ordinances and resolutions in conflict here- with, and declaring an emergency ........................331-339-340-341 24—O'Brien, Roberti., in regard to the restoring of his name on the eligible list for appointment to the position of Policeman ........ .,... 341 24—Ordinance No, 32-47. An Ordinance creating the office Of Building Commissioner, providing the qualifica- tions for said office and the appointment of a build- ing Commissioner................................................................ 343-348 V_ INDEX—Book 77 1947 SUBJECT Page 0 Dec. 1—Ordinance No. 33-47. An Ordinance amending Ordi- nance No. 10-37, entitled "Traffic Code of the City of Dubuque" as amended by Ordinance No. 1-39, Or- dinance No. 12-43 and Ordinance No. 9-44, by striking out certain provisions thereof inserting and other provisions in lieu thereof, regulating the use of vehicles upon the streets and highways of the City of Dubuque and by repeanig all ordinances or parts of ordinances in conflict herewith ..................................348.353 " 1—O'Rourke, Frank T., and Mrs. Sarah Waldorf granted Class "B" beer permit ................................ " 351 19—Ordinance No. 34-47. An Ordinance providing for sick leave for officers and employees of the City of Du- buque, defining "Sick Leave," extent thereof, filing, approval and allowance of claims therefor .................. 357 V_ INDEX—Book 77 1947 SUBJECT P Jan. 6-Prommenschenkel, Jos. (Dec'd), Louise, requesting sus- . pennonof taxes .......................................... ........... ........... ... 4 " 6—Planning and Zoning Commission recommending denial of the petition of Lloyd Burkart for the rezoning of his on the southwest side of Highway No. 20, property near the west city limits ............... .•.•. .•••.. •••. • •••• • 4.5 " 6—Planning and Zoning Commission recommending denial of the petition of Welkin H. Mauer for the rezoning of his property at 2215 Green Street ............................ 6 " 6—Planning and Zoning Commission recommending denial of the petition of Edmund L. Didesch et al. for the rezoning of his property at 923 West Third Street .. 5 " 6—Plannnig and Zoning Commission recommending that the entire area bounded by West Third Street, Burch Street and Hill Street not already zoned as Multi- ple Residence be rezoned to Multiple Residence Classification......................................................................... 5 " 6—Pregler, Clarence G., granted Class "B" beer permit.... 7 " 15—Payrolls for the month of December, 1946 .......................... 13 Feb. 3—Planning and Zoning * Commission recommending the granting of the petition of St. Clara College for the extension of Platt Street easterly to Cardiff Street.... 20 " 3—Planning and Zoning Commission recommending the de- nial of the petition of Carl Riley for the vacation of a part of Platt Street adjoining his property at the corner of James and Platt Streets ................................ 20 " 3—Planning and Zoning Commission recommending the granting of the petition of J. Burroughs for the vaca- tion of the alley adjoining Lots 37 to 41 of Rose Hill Addition.................................................................................. 20 " 3—Planning and Zoning Commission recommending the de- nial of the petition of Herman Kolbe for the vaca- tion of City property at the southwest corner of 32nd Street and Central Avenue ................................................ 20 " 3—Pusateri, Frank J., erecttion of a fire escape on his building located at 1296 Central Avenue ..................... 21 " 3—Pusateri, Frank J., granted Class "C" beer permit............ 22-23 " 24—Poole, Horace L., requesting that grades be established on Esther and Tressa Streets .......................................... 25 " 24—Payrolls for the month of January, 1947 ............................... 28 Mar. 3—Parking Survey Report submitted by the Citizens Advis- ory Parking Committee for Council consideration...... 32 " 3—Planning and Zoning Commission recommending that the report of Mr, Hartzog, Plannnig Consultant, be ac- cepted as an amendment to the Master Plan of the City as the basis for the future development of the East Industrial Area ............................................................ 34-100 " 3—Planning and Zoning Commission recommending the vaca- tion of certain streets and alleys in the East Indus- trial Area and further recommending that the va- cated portion of the streets and alleys as shown on the attached plat be conveyed to the Dubuque Pack- ing Company upon the conveyance to the City of Du- buque of a strip of land 36 feet in width adjacent to and abutting on the west side of Ash Street from the north line of East 15th Street to the south line of " East 19th Street ................ ............ •....34-35-100 14—Parks, Mr. Fred, addressed the Council reviewing the plans of the Parks Air Service for operation of air- plane service at the New Municipal Airport............ 39 INDEX—Book 77 1 � � 1 ' Page P " 14—Planning and Zoning Commission recommending denial of the petition of Charles J. and Julius J. Boyer for the rezoning of property on Southern Avenue..... ..... 42-43-51 14—Planning and Zoning Commission returning the petition of Leo F. Bly recommending that Mr. Leo F. Bly be allowed to withdraw his Petition without prejudice.. 43 " 14—Planning and Zoning Commission recommending denial of the petition of Mrs, Celia Ellis et al ... _. ........ 43 14—Planning and Zoning Commission recommending denial of the petition of Nicholas Grommersch for a 15 -foot wide extension of Sabula Street as suggested would be insufficient to prevent a serious traffic hazard.... 43 " 14—Planning and Zoning Commission recommending grant- ing of the petition of Earle J. Sowle requesting vaca- tion of a part of National Street west of the west line of Keokuk Street ....................................................... 44-99 " 21—Porter, C. Fred, State Comptroller, approval of resolu- tion and application for the permanent transfer of $15,000.00 from the Water Works General Fund to the Consolidated Fund which embraces the Improve- mentFund............................................................................. 51 " 21—Payrolls for the month of February, 1947, ........................ 51 " 28—Park Hill District in regard to bus service ........................ 70-71 " 28—Pelzer, Clement B., and Clarence J. Pfeiffer granted cig- arettepermit........................................................................ 73 " 28—Pelzer, Clement B., and Clarence J. Pfeiffer granted class "B" beer permit .................... ......................................... 73 April?—Pohl, George, appointed as a member of the Board of Review. _. ......_................................................................ 78 " 7—Parker, H. W., ct al., residents and property owners on West 16th Street, requesting that sewer and water mains be constructed in West 16th Street to serve their properties ........... ....... .................................... 79-98 " 7—Perfection Oil Company in regard to the application of the Hughes Oil Company to erect additional storage tanks at the River Terminal .......................................... 79 " 7—Planning and Zoning Commission advising Council that they are in receipt of the petition of property own- ers consenting to the vacation of the alley adjoining Lots 37 to 41 of Rose Hill Addition as requested by J. Burroughs ........................ I. ..._.,._.......... I............ 85 7—Planning and Zoning Commission recommending granting of the revised petition of Charles J. Boyer et al. for the rezoning of all the property in the 200 and 300 numbered block on Southern Avenue to a Local Busi- ness District on the southerly side of Southern Ave. 85-100-101 " 7—Planning and Zoning Commission submitting for Coun- cil consideration a proposed Dubuque Homes Subdivision No. 1 which has been approved by the Planning and Zoning Commission ..... . ........ 85-86 May 5—Patch, C. W. Notice of claim of ............................... _... 90 " 5—Payrolls for the month of March, 1947 ........................ ..... 97 " 5—Pull, Otto F., City Treasurer, bond ... ..................... ......... I..... 97 " 5—Planning and Zoning Commission submitting for Coun- cil consideration a proposed Carole Court Subdivis- ion which has been approved by the Planning and Zoning Commission ........................ _ .._ _... ........... .. 99-100 I N DEX — Book 77 SUBJIIC'1' Page 1947 P " 9—Playground and Recreation Commission requesting that Rafferty Field that the proceeds In order to develop from the sale of a 90 -foot wide strip off resulting the northerly end of Rafferty play area be made Playground and Recreation Com- available to the ............ 108 .......... mission ........................... ...... . ............................ " 9—Planning and Zoning Commission asking that definite ac- tion be taken on the "Tourist and Trailer Camp Ordinance" ............................................................................ 109 110 „..... 16—Payrolls for the month of April, 1947...............•••••........... 117 19—Playground and Recreation Commission to work out satisfactory arrangements for the playing of both hardball and softball games at the Athletic Field until such time as facilities for softball games are 121 ready at Comiskey Field .................................................... June 2—Planning and Zoning Commission recommending denial of the petition of B. A. Schueller et al., requesting rezoning of his property at Central Avenue and 30th Street to Local Business classification ...............129-130-141-142 " 20—Petersen, Carl W., calling attention of the City Council to the condition of the bank south of St. Joseph Street at Algona Street, which bank has caved in, and ad- vising that the City of Dubuque will be liable for any damages that may occur to his property through neg- lect of this condition.......................................................... 142 " 20—Planning and Zoning Commission recommending dental of the petition of Frank Conlan for the rezoning of his property at 793 West Third Street...... I ................... 145 " 20—Planning and Zoning Commission in regard to the com- munication presented to them by Emil Grassed and Albert Burgmeier requesting the rezoning of a strip of land approximately 400 feet in length along U. S. Highway 151 in what is known as Lot 1 of J. C. Scully's Sub. and recommending the rezoning of part of J. C. Scully's Sub., being an area 200 feet wide parallel to and on the easterly side of the Dubuque - Cascade Road from the present Local Business Dis- trict 400 feet southerly to Multiple Residence Classi- fication............................................................................145-146-157-158 " 20—Planning and Zoning Commission submitting for Coun- cil consideration Glenview Subdivision which has been approved by the Planning and Zoning Com- mision...................................................................................... " 30—Payrolls for the month of May, 1947 ........................................ 146 153 " 30—Paradiso, Joseph A. and Frank, granted cigarette permit 158 " 30—Page Hotel Company granted cigarette permit., ................. 158 " 30—Poquette, Millard, and Clifford G. Harker granted cigar- ettepermit........................................................................... 159 " 30—Poquette, Millard, and Raymond Syke granted cigarette permit...................................................... .............. I................. 159 " 30—Peryon, Albert G., granted cigarette permit ........................ 159 " 30—Pelzer, Clement B., and Clarence J. Pfeiffer granted cigar- ettepermit.............................................................................. 159 " 30—Potterveld, Fred C. and Winifred, granted cigarette permit.............. .............................................. I......................... 159 " 30—Pfalxgraf, Ernest W., granted cigarette permit .................. 160 " 30—Pusateri, Frank J., granted cigarette permit ...................... 160 " 30—Pochter, Charles and Ruth, granted cigarette permit........ 160 " 30—Paan, Frank J., granted cigarette permit ............................ 160 " 30—Pins, Val J. and Helen, granted cigarette permit .............. 161 " 30—Pins, Arthur W., granted cigarette permit ............................ 161 INDEX—Book 77 l til'It.II;(' 1' P " 30—Peed, Thos, R., and Raymond G. Wunder granted cigar- ette permit ............................... 161 " 30—Pregler, Clarence, granted cigarette permit ....... . .... .... 161 " 30—Petrakis, Peter, granted cigarette permit 161 " 30—Pochter, Charles and Ruth, granted Class "Il" beer perulit 162-164 " 30—Peed, Thomas R., and Raymond G. Wunder granted "B" beerpermit........................................................................... 162-164 " 30—Pins, Arthur W., granted Class "C" beer permit... ............. 163-164 .1uly 7—Policemen's Protective Association asking for a 40 per cent wage increase and time and a half for overtime and a 40 -hour week ......................................................... 169 7—Police Pension Levy Certificate .............................................. 170 " 7—Police Retirement Levy Certificate .. ...... ................. ......... ,.. 170 " 7—Playground and Swimming Pool Levy Certificate fixing the budget requirements for the ensuing year for playground and swimming pool purposes .................... 170 " 21—Primary Road Extension Maintenance contract .................. 182-183 " 21—Planning and Zoning Commission recommending denial of the petition of George McMahon et al ...................... 185-186 25—Payrolls for the month of June, 1947 ..................................... 203 25—Planning and Zoning Commission recommending the granting of the petition of Thomas J. Mulgrew Co. for the vacation of Camp Street from the east line of Water Street to the west line of Terminal Street 203 'S—Planning and Zoning Commission recommending the granting of the petition of St. Joseph Mercy Hospital for the vacation of Peabody Street from the west line of former Augusta Street to the east line of James Street.................................................................................. 204 .dug. 4—Parking Meters, City Manager authorized to purchase ad- ditional parking meters from M H. Rhodes, Inc., and conversion parts for existing Barking meters in or- der to carry out the recommendation of the Police Department.......................................................................... 214 " 4—Pearl Street from Finley Street to West End, and from McCormick Street to O'Hagan Street, recommenda- tion of City Manager Rhomberg that curbs and gut- ters be constructed on said street ................................. 214 " 4—Perry Street sanitary sewer, lift station and force main 218-219-220-221.242 11—Planning and Zoning Commission advising Council that the representative of St. Patrick's Church was grant- ed the privilege to withdraw without prejudice their petition requesting the vacation of the Alley between Main and Iowa Streets between 14th and 15th Streets 237 " 11—Planning and Zoning Commission recommending denial of the petition of Fred Landolt and Harold S. Wag- ner, requesting rezoning of certain property south- east of the intersection of West Locust and Kirk- wood Streets and returning the opposing petition of Mrs. Christina Lubck et al . .................................................. 237-238 " 25—Property owners residing on West Third Street between Grandview Avenue and Algona Street addressed the Council requesting that in the event that there is not enough ground at the West end of the street near Algona Street to bring this street to its proposed width that the necessary property be taken equally from the property on both sides of the street 242 25—Payrolls for the month of July, 1947 .............. _. . - 244 Sept. 2—Planning and Zoning Commission, approval of Dubuque for Homes Subdivision No. 2 and submitting sauce 259 Council consideration ................ .................. 1� CA June 2—Quit Claim Deed of Helen T. Buckley conveying to the City of Dubuque Lot 2 of Lot 9 of Yale Court _ ........ 130-131 2—Quit Claim Deed of City of Dubuque conveying to James Alderson Lots 1 and 2 of Lot 20A of Oxford Heights 130-131 30—Quinlan, Robert J. and Evelyn, granted cigarette permit 160 30—Quinlan, Robert J. and Evelyn, granted Class "B" beer permit..................................................................................... 162-164 Aug. 4—Quit claim deed to Theodore J. and Helen M. Greteman conveying Lot 16 "B" of Paulina Langworthy's Sub- division of Lot 5 of Mineral Lot 73 ................................ 209-210 4—Quit claim deed to Joseph P. and Ida B. Even conveying Lots 6 "A" and 16 "A" of Paulina Langwor•thy's Sub- division of Lot 5 of Mineral Lot 73 .................................. 209-210 INDEX—Book 77 -- SUBJECT Page 1947 __---- P submitted by Board of Direct- " 2—Parking Lots, resolution of the Chamber of Commerce with reference to ors acquiring property for the use of parking lots.......... 265-266 " 22—Planning and Zoning Commission, approval of the pre- Vernon Heights Subdivision being liminary Plat of developed by Louis Kolfenbach...................................... 273 ' 22—Payrolls for the month of August, 1947 .................................... 276 Oct. 6—Poole, Horace L., et al., requesting that Esther Street, Street and McLennan Street be brought to Tressa established grade and that curbs be installed and that said streets be covered with an oil dust -free " 6—Planning ........................................................ surfacing .................. . ....... and Zoning Commission recommending the ex- 288 tension of present Light Industrial District on the easterly side of Southern Avenue southerly to in- clude the following area: From the present Light Industrial District in Lot 3, Randall's Sub. No. 2, to the present Local Business District in Lot 1 of 4 of Mineral Lot 37, and between Southern Avenue and the Dubuque -Cascade Road ......................................291-301-302-305 " 6—Puccio, Jasper Leo, and Catherine Lynch, granted Class „C" beer permit.................................................................... 292-293 " 13—Payrolls for the month of September, 1947 ........................ 300 Nov. 3—Pogeman, Mrs. Laura, notice of claim .................................... 306 " 3—Ploog, Elizabeth J., et al., protesting to the placing of parking meters on the west side of Bluff Street in the900 block ............................... ............................ . 307 " 3—Planning and Zoning Commission recommending denial of the petition of Fischer Investment Company as presented and submitting recommendation instead.... 310 " 17—Parks Air Transport, Inc., notice before the Civil Aero- nautics Board in the matter for issuance of Tem- porary Certificate of Convenience and Necessity........ 333 " 17—Parks Air Transport, Inc., notice before the Civil Aero- nautics Board in the matter for a Temporary Exemp- tion from the Provisions of Section 401 (a) of the Civil Aeronautics Act of 1938 as Amended .................... 333 " 17—Payrolls for the month of October, 1947 ................................ 336 " 17—Pinski, George F., excavation bond ........................................ 337 " 17—Pusateri, Frank J., granted Class "C" beer permit ... 337-338 " 17—Pins, Val J. and Helen, granted Class "C" beer permit_ 337-338 Dec. 1—Paar, Frank J., granted Class "B" beer permit .................. 351 " 19—Payrolls for the mouth of November, 1947 ............................ 358 1� CA June 2—Quit Claim Deed of Helen T. Buckley conveying to the City of Dubuque Lot 2 of Lot 9 of Yale Court _ ........ 130-131 2—Quit Claim Deed of City of Dubuque conveying to James Alderson Lots 1 and 2 of Lot 20A of Oxford Heights 130-131 30—Quinlan, Robert J. and Evelyn, granted cigarette permit 160 30—Quinlan, Robert J. and Evelyn, granted Class "B" beer permit..................................................................................... 162-164 Aug. 4—Quit claim deed to Theodore J. and Helen M. Greteman conveying Lot 16 "B" of Paulina Langworthy's Sub- division of Lot 5 of Mineral Lot 73 ................................ 209-210 4—Quit claim deed to Joseph P. and Ida B. Even conveying Lots 6 "A" and 16 "A" of Paulina Langwor•thy's Sub- division of Lot 5 of Mineral Lot 73 .................................. 209-210 INDEX—Book 77 1947 SUBJLC'1' --�— _ _ Page R Jan. 6—Receipts for the month of November, 1946, Proof lication ............... of pub- " 6—Rosenthal, .. Minnie (Deed), Peter, requesting 4......................................................... suspension oftaxes ........................................... " 15—Report .............................. ' �• of the Grand Jury for the January 1947 Term 4 recommending the building of a combination City Hall -Court House and Jail Feb. 3—Rhodes, ........................... . .............. C. E., et al., addressed the Council and discussed 10-11 the parking problem, the installation of parknig me- ters and the use to be made of the money derived from the parking meters, the providing of free park- ing lots and the addition of more men on the police department................................................. " 3—Receipts fog- the month of December, 1946, Proof of pub- lication of ......................... 3—Riley, ................ Carl, requesting vacation of a part of Platt Street adjoining his property at the corner of James and Platt Streets, report of the Planning and Zoning Commission " 24—Receipts .......................................... for the month of January, 1947, proof of publi- cation................................................................ Mar. 3—Rawson, Harry A. and Grace, granted Class "B" beer permit................................................................................. " 14—Roshek, Thomas B., Notice of Claim ........................................ " 35,6 40-84 28—Riedel, Otto W., in regard to giving a Guest Tag to "Out - " of -Town Guests" instead of an over -parking tag....... 70 28—Receipts for the month of February, 1947, proof of publi- cation................................................................. . ... .. ?1 April 7—Rhomberg, A. A., appointed City Manager and fixing his bond.................................................................................. 77 " 7—Rainbo Oil Company in regard to the application of the Hughes Oil Company to erect additional tanks at the RiverTerminal .................................................................... 79 " 7—Reinker, Herman, requesting a refund on his cigarette permit..................... ........................................................ 81 May 5—Receipts for the month of March, 1947, proof of publica- tion........................................................................................ 94 " 5—Rhomberg, A. A., City Manager, bond .................................... 97 " 5—Reis, Frank and Kathryn, granted Class "B" beer permit 103 " 9—Rod and Gun Club granted Class "B" beer permit for pri- vateclub............................................................................... 109 26—Receipts for the month of April, 1947, proof of publica- tion.......................................................................................... 125 June 2—Release and Waiver of Jacobson Steel and Supply Com- pany for the construction of a spur track by the Chi- cago Great Western Railroad Company across 12th Street................................................................................... 131 " 2—Ryder Realty Company, order placed for the construction of a fire escape on their building located at 238-240 WestSixth Street .............................................................. 136-137 " 20—Receipts for the month of May, 1947, proof of publication 144 " 30—Rod and Gun Club granted cigarette permit ... .................. 158 " 30—Roach, Levi J., granted cigarette permit ............................... 158 " 30—Roshek Brothers Company granted cigarette permit ....... 159 " 30—Ragatz, George, Jr., granted cigarette permit ....... _I........... 159 " 30—Rettenmaier, John J. and Marie, granted cigarette permit 161 " 30—Ruegnitz, B. A., granted cigarette permit ....................... 161 " 30—Reis, Frank, granted cigarette permit ................................... 161 " 30—Rawson, Harry A., granted cigarette permit .. ...... I .... I....... 161 " 30—Ralston, George, granted Class "B" beer permit ............. 162-163 " 30—Roshek Brothers Company granted Class "C" beer permit 163-16-1 I N DEX --- book 77 1947 R July 7—Race Street, recommendation of Chief of Police that the west side of the street parking be prohibited on West lith Street to Rose Street ....................... "B" 172-201 from beer " 7—Rawson, Harry A. and Grace. granted Class . . r 17J . ........................................... permit ................................ . I ... salary . . annuaset a t $12,000.00 " 7—Rhomberg City Manager, 175.176 starting July 16, 1947 .............................. . City Solicitor instructed to prepare an " 21—Railroad trains, freight gof�theaspeed the ordinance City ofDubuquetto 15 miles per in he limits hour and the speed of passenger trains to 20 miles per hour within the limits of the City ofDubuque u uque09-359 360 " 21—Receipts for the month of June, 1947, proof of publication Street to Asbury 202 Aug. 4—Rosedale Avenue from St. Ambrose of City Manager Rhomberg Street, recommendation that said street be paved ..... ..._ .... ....." . .... "B 215 " 4—Rettenmaier, John and Marie, granted Class Ueer 125 permit...................................................................................2 " 25—Roscamp, J. F., Notice of Claim .................................... 2 42-258-259 District Airport Engineer, and " 25—Roberts, Paul V., C.A.A. Lester G. Orcutt, Director Iowa Aeronautics Com- mission, advising of Notice of Hearing —National Airport Plan to be held at Oelwein, Iowa, on August 26, 1947.................................................................................... Sept. 2—Ralston, George, requesting a refund on his Class "B" 243 266 beerpermit.......................................................................... " 2—Receipts foi• the month of July, 1948, proof of publication 257 " 22—Receipts for the month of August, 1947, proof of publica- tion......... .... .. . _ . _.................................................... ... ......... . 273 Oct. 13—Rogers, Victor A. and Clara, stating they wish to take their salvage in front of Lot 99 of Woodlawn Park Addition on the improvement of Audubon Street =• Nov. 3—Roshon, J. F., requesting permission to erect and main tain within the curb line in front of his property at 1398 Pine Street two markers to guide drivers of motor vehicles off the sidewalk in front of his resi- dence as well as on the 14th Street side ................... " 3—Roach, Levi J., requesting a refund on his cigarette 308 permit......,_.......................................... ........................ " 3—Receipts for the month of September, 1947, proof of 309 Publication.......................................................................... " 24—Russo, R. N., Attorney, representing the Amvets, in re- gard to restoring the name of Robert J. O'Brien on eligible list for the position of Policeman .................... 341 Dec. 1—Receipts for the month of October, 1947, proof of publi- cation.............................................................................. 348 350 " 1—Richman, Leroy G., granted cigarette permit .................... 351 " 1—Richman, Leroy G., granted Class "B" beer permit .............. " 19—Rosenthal, Minnie, requesting suspension of the 1947 taxes on the East 56 feet. of North 25 feet of City Lot 561............................................................................................ 356 1 INDEX-- gook 77 1947 SUBJECT Page S Jan. 6—Sidewalk to construct, abutting the West side of the West 170 feet of Lot 284, Davis Farm Addition, Agatha Mihm, owner ..................... 6—Sitterly, Jos., (Deed), Lena, requesting suspension of taxes............................ 1 6—Strub, Lucas, (Dec'd), Emma, requesting suspension of taxes......................... 4 . " 6—Stetmore Street from the south property line of Lombard Stret to the south property line of Theisen Street, gradeestablished .............................................................. . 6—Scherr, Henry J. and James J., granted cigarette permit 5-6-12 7 6—Snyder, Charles T. and Elsie, granted Class "B" beer permit............................... Feb. 3—St, Clara College requesting the opening and extension of Platt Street easterly to meet Cardiff Street............ 17.20 3—Sonotone Corporation requesting that the City Solicitor be instructed to enter into an agreement whereby they will be allowed to open offices in the City of Dubuque as provided by Ordinance No. 4-33............ 18 " 3—Schwartz, Lawrence, granted cigarette permit .................... 22 " 3—Schwartz, Lawrence, granted Class "B" beer permit........ 22-23 " 24—Scheufele, Mr. and Mrs. Carl, requesting that grades be established on Esther and Tressa Streets .................... 25 " 24—Sowle, Earle J., requesting the vacation of that part of National Street which extends 120 feet into McDan- iel's Park Hill Addition from Keokuk Street .............. 27-44-99 Mar. 14—Smith, Barney, Notice of Claim .................... ........................ 40-358-359 " 14—Smith, Mrs. Anna, Notice of Claim ............ ........................... 40-310-111 " 21—Sanitary sewer to construct in Bradley Street from Ran- dall Place to last house on Bradley Street beyond WhelanStreet........................................................................ 50 " 21—State Comptroller, C. Fred Porter, approval of resolution and application for the permanent transfer of $15,000.00 from the Water Works General Fund to the Consolidated Fund which embraces the Improve- mentFund................................................................................ 51 " 21—Seubert & Fesier, excavation policy ....................................... 52 April 7—Shea, J. J., appointed City Clerk and fixing his bond........ 77 " 7—Sanner, C. H., power of attorney ........................................... 80 May 5—Sandry, Clarence R., for his wife, Mrs. Catherine Sandry , notice of claim ..................................... ................................. 90-324.325 " 5—Shaw, Mrs. Annis, notice of claim ............................................ 90-202 " 5—Saint Columbkille's Parish Holy Name Society request- ing the installation of a street light on Rush Street between Bryant and Holly Streets ................................ 93-134 " 5—Schueller, B. A., et a'1, owners of property within 200 feet of property hereinafter referred to, requesting the establishment of a local business district on the Southeast and Southwest corner of 30th Street and Central Avenue .. ................................................93 -129-130.141-142 5—Shea, J. J., City Clerk, bond .................................................... 97 " 16—Stoffregen, Louis C., re -appointed as a member of the Board of Adjustment for the term ending March 5, 1952........................................................................................ 118 " 16—Stoffregen, Louis C., re -appointed as a member of the Planning and Zoning Commission for the term end- ingMay 24, 1952.................................................................... 118 " 16—Schiltz, J. H., re -appointed as a member of the Planning and Zoning Commission for the term ending May 24, 1952 .................................... ..... ......... ... ........... I ......... ................ 119 June 2—Schaller, Mildred M. and Clara R., granted cigarette permit...................................................................................... 136 1 INDEX—Book 77 1947 t I;.iI?c"I• P;11" S " 2—Schaller, Mildred M. and Clara R., granted Class "B" beerpermit............................................................................ I:;1, " 20 --Shaffer, Francis R., et al., requesting the installation of a street light and the construction of a turn around at the end of Mt. Loretta Street ................................... 143 " 20—Smith, Charles J., et al., requesting the rezoning of the Southerly Y2 of Lot 2 of the Subdivision of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 67 to a Local Business District .......... _.__...................... 143 " 20—Storm Relief Sewer System, authorizing and directing the City Manager to enter into an agreement with the Bureau of Community Facilities of the Federal Works Agency for advance funds for advance plan- ning of a complete system of storm relief sewers .. 145-149 " 30—Schumacher, Geo., et al., requesting the installation of a street light on the corner of Roland and West Third ThirdStreet...................................................................... 152-172 " 30—Solon Street, opening and widening said street from Hill Street to Booth Street and authorizing the purchase of the northerly 25 feet of Lot 10 of Murphy's Sub- division which will provide for the widening of Solon Street.................................................................................... 156-157 " 30—Sand, Mike and Marie, granted cigarette permit .._ 155 " 30—Schwartz Vincent B., granted cigarette permit . _ . " 155 30—Scherr, Henry J. and James J., granted cigarette permit " 155 30—Schwartz, Lawrence, granted cigarette permit.......... " 158 30—Schaetzle, John, granted cigarette permit ............................ " 158 30—Sadler, Leo M. and Dorothy, granted cigarette permit 159 30—Sullivan, Thomas P., granted cigarette permit........ 159 _.. .. 30—Savary, William and Viala, granted cigarette permit " 159 30 --Siege, Joseph J. Jr., and Ferdinand W. Kenniker granted cigarette permit ................................. 30—Scherer, George J. granted cigarette permit 159 .... " 30—Schmit, Anthony, granted cigarette permit " 159 160 ...... 30—Steffen, Clifford and Helen, granted cigarette permit 30—Solomon, Jack, granted cigarette permit 160 .............................. " 30—Snyder, Charles T, and Elsie, granted cigarette permit .. ' 30—Schaller, Mildred M. and Clara, 160 160 granted cigarette permit " 30—Schneider, Joseph C., granted cigarette " 161 permit ................. 30—Sand, Frank and Elsie, granted cigarette permit .............. " 30—Siebert, Daniel Webster, 161 161 " 30—Smith, Harr J., Sr.,granted cigarette permit ...... .... granted cigarette " 161 30—Savary, William and Viola, g antedClasspermit Bm beer permit " 30—Sadler, Leo M. 162-163 and Dorothy, granted Class "B" beer permit............................................ .... I............ 30—Sand, Mike and Marie, granted Class "B'• beer permit ... 30—Scherer, George J. 162-163 162-163 and Emma, granted Class "B" beer permit ....................................... . " 30—Steffen, C1if&o and Helen - ... .......- e -r permit ............ . granted Class "B" Ueer 162-163 80—Spielman, Harvie L .......................... *....... . . ............. rm " 30—Sand, Frank and Elsie, ranted Class "B" beer permit 162-163 162-164 July 7—Strub, Joseph H., Chief ofaPol grantedClass it t 162-164 equesstingethaer hey be authorized to attend the International Association of Chiefs of Police Conference to be held during the week of September 21 at Duluth, M 7—Summitt Street, recommendation of Chie..... f inn n..............Police that Parking be prohibited 170 on the east side of the street from West Fifth Sheet to West Third Street.......... 7—Sumner Street, recommendation 173-201 of Chief of Police that Parking be prohibited on the east side from of the street Lincoln Avenue to Rhomberg Avenue ....... I...... 173.201 >- INDEX—Book 77 1947 _ SUBJECT Page S " 7—Stampfer, J. F. Company, granted cigarette permit............ " 17—Sanders, Mr. and Mrs., et al., requesting the removal of 173 a cottonwood tree at 2309 Roosevelt Street as the same is a nuisance and very dangerous ........................ " 177 21—St. Joseph Mercy Hospital of Dubuque, by Kenline, Roe - dell, Hoffmann & Reynolds, its attorneys, asking the vacation and conveyance of Peabody Street from the west line of former Augusta Street to the east line of James Street ............................................. .....183-204-212-213 25—St, Patrick's Church, by F. P. Mulligan, Pastor, asking that an ordinance be adopted vacating all of the alley between 15th Street and Loras Boulevard from the south line of 15th Street to the north line of Loras Boulevard .......... _._............... ................................ 200-237 Aug. 4—State Comptroller R. E. Johnson, approval of Resolution No. 90-47, a resolution and application for approval to levy an emergency tax ............................................ 207 " 4—Shiloh Circle, Ladies of the Grand Army of the Republic, requesting permission for the holding of a tag day onAugust 30, 1947 .................................................... .......... 208 4—Soutliern Avenue from Grandview Avenue to the City Limits and from Sullivan Street to Grandview Ave- nue, recommendation of City Manager Rhonberg that curbs and gutters be constructed on said street ..... 214 " 4—Seminary Street from St. Ambrose Street to Asbury Street, recommendation of City Manager Rhomberg that curbs and gutters be constructed on said street 214 " 4—Simpson Street on the East side from Fremont Avenue to Cross Street, recommendation of City Manager Rhomberg that curbs and gutters be constructed on saidstreet ........................................................................ 214 " 4—Sanitary sewer, lift station and force main for Bradley Street Sewer District ........................................ 216-217-218-241-242 " 4—Sanitary sewer. lift station and force main for Perry Street sewer district ........................ ............ ....... 218-219-220-221-242 25 --St. Patrick's Church requesting permission to erect a temporary barricade at the South line of the alley at 15th Street and the North line of the alley at Loras Boulevard and between Main and Iowa Street for the period of the school term .................................... 243 " 25—Sexauer, Harvey R., Airport Engineer, Iowa Aeronautics Commission, in regard to the importance of ade- quate zoning regulations to protect the City's initial investment and to insure the greatest safety and utility in the operations of the New Municipal Air- port and advising that in order to participate in the Federal Aid Airport Program assurances must be given that adequate measures have been taken to maintain the approaches to the airport ........................ 243-244 " 25—Sanitary sewer, lift station and force main for Cherry - Green Street district ... ............. .......................246-247-248-267-268 2—Spence. Guy, et al., property owners in Hillcrest Addition, inquiring as to the cost of connecting with the sani- tary sewer installed in said addition by the Iowa Im- prevenient Company, also protesting to the damage done to their properties while the grading was being done and while the sewer was being constructed, al- so calling the attention of the City Council to the present condition of the streets as the same are in verybad condition.......................................................... 255 Jb– INDEX—Book 77 1 —s OBJECT 1 `rg'' 1947 S " Geo. H"et al., requesting Council to take some 2—Schilling, to do away with the unhealthy condition due action from dust and dirt caused by the traffic on upper Gar- field Avenue ..........................._................................ Antoinette 112., a 2 -story fritiie shed located di- 256 2—Scharle, rectly to the rear of 534 Rhomberg Avenue and lo - located on Lots 23 and 24 of High Street Sub., recom- mendation of Building Inspector, Fire Chief and Health Director that a condemnation committee be appointed to inspect the above mentioned property and submit their recommendation and report accord- ing to law .......... ...... ............. .•..257.258.275-276-316-317-329-330.349 " 2—Sisters of St. Francis, recommendation of City Manager Rhomberg that the City Council grant them the right to connect their new hospital with the sanitary sewer system with the provision that should the sys- tem be thus overloaded that they be required to con- struct a separate sewer to handle the sewage ........... 261 " 2—Spielman, J. Louis and Susan, granted cigarette permit.. 262 " 2—Spielman, J. Louis and Susan, granted Class "B" beer 262-263 " 2—Schwartz, permit . ... ... ......... .............................................................. .... Vincent, granted Glass "C" beer permit............ 262-263 " 2—Sanitary se« er to construct in York Street from the in- tersection of York and Curtis Streets to a point 100 feet west of the west property line of South Hill Street................................................................... ......263-264-265-268 " 22—Schmitt, Anton, et al., requesting that action be taken to bring about a stop to the nuisance created at the residence located on the Southwest corner of 13th and Washington Streets .................................................... 271 " 22—Senior High School requesting permission to hang a ban- ner across Main Street between the Dubuque Build- ing and the Graham Clothiers ........................................ 271 " 22—Scantlebury, William E., et al., requesting that cement curbstones be constructed on the part of West Third Street running from Grandview Avenue West to the bottom of the hill or the distance of about a block ... 272 " 22—Sick leave for all employees, recommendation of City Manager that Council adopt an ordinance regulating thesame.................................................................................. 273 " 22—Sanitary sewer to construct in Vernon and Edina Streets............................................................................278-279.294-295 Oct. 6—Solitt, Sumner S. & Company submitting information re- garding cost of sewage lift station and force mains in the Hillcrest Subdivision288 ............................................ " 6—Schubert, Gus, requesting the extension of the sanitary sewer to serve his property289 ............................................ " 6—Siege, Joseph J., Jr., and Ferdinand W. Kenniker granted Class "C" beer permit .......... ........... ............ I...................... 292-293 " 13—Sheriffs Receipts in the matter of the assessment of dam- ages for the construction, maintenance and operation of a railroad track in Lynn Street between 18th and 19th Streets by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company ................ .............................. . 297 " 13—Stotz, Adolph S., et al., requesting the installation of a street light at the intersection of West 16th and Henion Streets . I I . 298 Nov. 3—Schmalz, _............................................... Dan W. and Arthur, requesting that a survey be made to determine the cost of installation for the extension of sewer and water to service the prop- erty located South of Davis Avenue and East of Windsor Avenue.................................................................. 307 1 I N DEX — Book 77 SUBJECT Page S 3—Schrobilgen, Charles A., stating that he desires to take his salvage in front of his property at 1554 Audubon Street....................................................................................... 309 3—Schroeder, Fred W., a warrant in the amount of $20.00 ordered drawn for services rendeerd as a member of the Condemnation Committee ................... 321 " 3—Saul, James A., a warrant in the amount of $20.00 or- dered drawn for services rendered as a member of the Condemnation Committee .......................................... 321 " 10—Spielman, Harvey L., requesting a refund on his Class "B„ beer permit ................... .................. .............................. 323 10—State Tax Commissioner in the matter of the approval of the selection of a City Assessor for the City of Du- buque, Dubuque County, Iowa ......................................... 324 17—Sisters of Charity, B.V.M., et al., requesting that a street light be installed at the corner of Emmett and Bluff Streets................................................................................. 331 17—St. Mary's Orphan Home requestig that permission be granted to St. Mary's Orphan Home, now under con- struction on Carter Road, to extend a sanitary sewer line on Asbury Road to connect the new line with the sanitary sewer on Asbury Road ............................ 331-332 i -,—Salary increase of 10% granted to all City employees under the direct control of the City Council and who are not now receiving in excess of $5,000.00 per year compensation for the period from December 1, 1947, to April 1, 1943 .................I............................. 337 24—St. Clara College, Sinsinaw.,,, Wisconsin, by O'Connor, Thomas & O'Connor, its attorneys, requesting Coun- cil to give the matter of Platt Street Extension pre- ferred attention as they are now ready to proceed with the construction of their hospital and convales- cent home and desires to have accepted its offer for the permanent improvement of Platt Street as ex- 341-363 Dec. 1—Snyder, tended...................................................... ..... . .. Charles T. and Elsie, granted Class "B" beer " 19—Schmitz, " 19—Sitterly, ........................................ permit351 Anton, notice of claim .......................................... Joseph, requesting suspension of the 1947 taxes 353 on Lot 44 of Stafford's Addition ...................................... 35G 1 INDEX --Book 77 SUBJEC'C Page 1947 T G—Thiering, Frank, (Dec'd), Caroline, requesting suspension Jan. " G—Theisen oftaxes ..... ........ ......... ....................................... Street from the East property line of Jenni 4 Street to the West property line of Stetmore Street grade established ............ ......... I. 5-6-13 Feb. 3—Telephone Cab Company, taxicab bond ................................ 19 Mar. 14—Traffic Code and Ordinance, recommendation of the Chief Police that a "No Turn" provision at Eighth and of Main Streets be embodied in said ordinance............ 42 " 14—Tressa Street, City Engineer instructed to prepare a pro- file showing the proposed grade ...................................... 47 April 7—Thompson, F. W., sworn in as Councilman for the term commencing the first Monday in April, 1947 ................ 77 " 7—Telegraph-Herald appointed official newspaper ................ 78 May 5—The Amvets, Dubuque Post No. 3, requesting permission for holding of a carnival on the local 4th Street Ex- tension from June 16 to 21, inclusive ........................... 89 " 5—Tschirgi, Edward M., Accountant, City Water Depart- " 9—Treasurer ment, bond.............................................................................. of State, J. M. Grimes, approval of Resolution 97 No. 36-47 designating the depositories for public funds of the City of Dubuque .......................................... 10 " 9—Tourist and Trailer Camp Ordinances, Planning and Zon- ing Commission asking that definite action be taken on said ordinance _ __ _ _... .......... I .............. ........ 109-110 " 26—The Key City Gas Company _ubuiitting annual report for the calendar year 1946 .......................... ...................... 123 " 26—Tigges, Arthur C., submitting application for a permit to erect a 5 -froom General Timber Panel house on Lot 4 of Rebman's Sub. on Gay Street ..._ ........................... 124 June 2—Trimpler, William F. and Jean, granted Class "B" beer permit...................................................................................... 136 " 2—The Travelers Club granted Class "B" beer permit for private club .......... __. ........................ 136 " 5—Travis, G. W., notice of claim .. ........ ........................... 139-145 " 20—Tuinquist, Ed, Company, requesting permission to con- struct and maintain a concrete loading dock on the westerly side of the alley between Central Avenue and White Street in the rear of 1255 Central Ave- nue..........................................................................................144.154-155 " 30—Tigges, E., et al., residents and property owners on Cen- tral Avenue from Liebe Street to 30th Street, in regard to the overflow of storm water and mud con- dition on Central Avenue and requesting Council to take immediate action to remedy this condition........ 149 " 30 --The Great Atlantic & Pacific Tea Co. granted cigarette permit................................. ......... ....................... ............ I........ 158 " 30—Tenenbom's Super Market, Inc., granted cigarette permit 158 " 30—Thompson, John M. and Clarence T., granted cigarette permit.................................................................................... 158 " 30—Trimpler, William F. and Jean, granted cigarette permit 158 " 30—Trapp, Arthur J., granted cigarette permit ........................ 159 " 30—Triangle Cafe granted cigarette permit ................................ 160 " 30—Torrey, Henry, granted cigarette permit ................................ 160 " 30—Tranei, Zeno A., granted cigarette permit ............................ 160 " 30—The Dubuque Club granted cigarette permit ........................ 161 " 30—The Rex Club granted cigarette permit ................................ 161 " 30—Tschiggfrie, " 30—Thompson, Floyd G., granted cigarette permit .................. 161 John M. and Clarence E., granted Class "B' beer permit ............................. 162-163 " 30—The ........ Dubuque Club l s s beer 1 granted Class "B" beer permit for privateclub........................................................................ 163-164 INDEX—Book 77 19-17 SUBJECT Page T " 30—The American Legion granted Class "B" beer permit for private club ............................ " 30—The Rex Club • " "' granted Class "B" beer 163-164 permit 1'or pricaie club......................................................... July 7—Thompson, Frank W. and John F., -granted ci.,a en e 165 permit..................... " 7—Thompson, Frank W. and John F., granted Class "c' iw,j, 173 beer ................ .......................................... " 7—Tschi frie, Floyd, gg y granted Class "B" beer permit... 174 174 17—Tench, John F., and Vincent Mescher granted cigaretio. " 21—Thompson, permit................................. Councilman, entered the Council cim,11her a„(1 173 took his seat at 8:50 p. nn ..................... 184 Aug. 4—Tully, Gene, et al., property owners on Mullin ltoad, re- questing the Installation of a street light on the corner of Mullin Road and Asbury Road, another light on the corner of Mullin Road and Hillcrest Road and if possible an additional light midway between onMullin Road ............................................ 208 ” 4—The Key City Gas Company submitting for Council lite; a new schedule of gas rates to become effewir,e on sales beginning September 1, 1947 ................ 209 " 11—Tax Levies for the year 1947 established..... ...... 224 " 25—The Victory Club, transfer of address of Class •'it" beer permit for private club ...................................... 349-250-338 Sept. 2—Tschirgi, Edward M., City Treasurer, bond .,._.. 260 " 2—Tenenbom Super Market, Inc., granted Ulae;s "('" herr permit................................................... _ .. 262.263 " 22—Timpe, Miss Loretta, submitting offer for the puri h;iso of Lots 18 and 19 of Wm. Blake's Addition.. 271-284 " 22—Tschiggfrie, Floyd, requesting refunds on both his ('lass "B" beer permit and his cigarette permit ..... 272 Oct. 6—Taylor, A. W., requesting permission to erect and main- tain a tent on the empty dot .located on the east side of Central Avenue between 14th and 15th Streets for the purpose of storing and selling Christmas trees... 288 " 6—The Great Atlantic & Pacific Tea Co. granted Class "C" beerpermit.......................................................................... 292-293 Nov. 3—The Key City Gas Company requesting approval of their application to the State Highway Department for a routine permit to cross under Highway No. 20 near the City Limits for the purpose of supplying gas to the new Dubuque Homes Sub. No. 2 ............................ 1.06 " 3—Theisen Street, acceptance of the improvement of same 311-1.12 " 3—Tyrrell, Sidney and Eugenia P., granted cigarette permit :>Lt " 10—The Key City Gas Company submitting for Council ap- proval the enclosed gas rates, schedules to be- come effective on meter readings beginning Decem- ber 1, 1947 ..................... ......... 1.34 " 17—The Key City Gas Company, ordinance establishing rates to be charged for the furnishing of gas .. 331-339-340.341 " 24—The Victory Club granted Class "B" beer permit. for pri- vateclub .......................................... ........ 344-345 Dec. 1—The Page Hotel granted Class "B" beer permit 351 " 19—Thiering, Frank, requesting suspension o1' the 1917 tax on Lots 7 and 8 of Rodger's Sub... 356357 INDEX—Book 77 SUBJECT 1947 – ---- U May 9—United States Navy, renewal of lease of waterworks prop- erty in Ham's Addition for a Naval Reserve Armory 107 June 2—Uppinghouse, A. R. and Philomena, granted Class "B" 137 beerpermit............................................................................ " ,,o—Uppinghouse, A. R., granted cigarette permit.................... 158 " 30—United Cigar-Whelan Stores Corporation granted cigar- ettepermit........................................................................... " 30—ifnion League Club granted cigarette permit........................ 159 160 Uc!. 6—United State Guarantee Company consenting to an ex- tension of time on the bond of Mancini and Ventrella for the construction of the Kaufmann Avenue Trunk Sewer....................................................................................... 287 " f,—Union League Club granted Class "B" beer permit for privateclub............................................................................ 292-293 Dec. 19—United States Guarantee Company consenting to an ex- tension of time on the bond of Thos. Flynn Coal Company for the widening and paving of Audubon Street...................................................................................... 355 INDEX—Book 77 I SUBJECT V Jan. 15—Venn, Mrs. Jennie, requesting suspension of the 1946 tax on Lot 346 of East Dubuque Addition ............................ it April 7—Van Duelman, Frank, sworn in as Councilman for the term commencing the first Monday in April, 1997 ................ 77 May 5—Van Duelman, Carl, granted Class "C" beer permit............ 103 " 5—Vrotsos, George T., and Spiros D. Coven application for a Class "B" beer permit .... ........ ............................ 103-104-107-126-127 " 26—Vogel, George J., et al., requesting the installation of an additional street light at the corner of Windsor Ave- nue and Regent Street ...................................................... 124-135 June 2—Valentine, Leonars, excavation bond .................................... 134 " 20—Volunteers of America requesting permission for the holding of their annual tag day on Friday, June 27, 1947.......................................................................................... 143 " 20—Veterans of Foreign Wars requesting permission for the holding of their V.F.W. Poppy Day on September 27, 1947.......................................................................................... 143 " 30—Veterans of Foreign Wars Club granted cigarette permit 159 " 30—Van der Meulen, Wm., and Sophia McCann granted cig- arettepermit........................................................................ 159 " 30—Vrotsos, George T., and Spiros D. Coven granted cigar- ettepermit.............................................................................. 159 " 30—Victory Club granted cigarette permit ................................... 159-337 " 30—Veaco, Sidney H., granted cigarette permit ........................ 160 " 30—Vincent, Myron C., granted cigarette permit ........................ 160 " 30—Van der Meulen, Wm., and Sophia McMann granted Class „B„ beer permit.................................................................... 162-163 " 30—Veterans of Foreign Wars, Inc., granted Class "B" beer permit for private club ...................................................... 163-164 Aug. 4—Valenta, Louis E., et al., requesting that their names he withdrawn as signers of a petition for the rezoning of that portion of the south side of West Locust Street lying between the intersection of Kirkwood Street and Pierce Street................................................................... 208 " 11—Vrotsos, George T., and Spiros D. Coven granted cigarette permit...................................................................................... 238 " 11—Vrotsos, George T., and Spiros D. Coven granted Class "B" beer permit ........ ............................... I............................ 238 Sept. 2—Vets Radio Cab Company, taxi -cab bond ................................ 260 " 2—Vrotsos, George T., and Spiros D. Coven transfer of ad- dress of Class "B" beer permit ...................................... 262-263 " 22—Veterans of Foreign Wars requesting permission for the holding of their annual Poppy sale ................................ 272 " 22—Vernon Heights Subdivision, approval of the preliminary plat by the Planning and Zoning Commission............ 273 " 22—Vernon and Edina Streets, sanitary sewer to construct in said streets ...................................... ........... .... ......... 278-279-294-295 Oct. 13—Vorwald, Mr., addressed the Council asking that a part of the cost of construction of the sanitary sewer in Edina Street be borne by the City of Dubuque........... 294 Dec. 19—Vawter, Fane F. & Company, by Fane F. Vawter, request- ing permission to use 5 feet of each of Ninth Street and of Locust Street for the purpose of maintaining a covered walkway for pedestrian traffic in connec- tion with the construction of the proposed new build- ing for the Northwestern Bell Telephone Company, also requesting that they be given the private use of North and South Alley extending from Ninth to 356 TenthStreets........................................................................ INDEX—Book 77 1947 SUBJECT Pa— W Jan. 6—Wooten Street from McClain Street to the West line of James Street and Peabody Street, clearing, grubbing and grading of said street........ _....... .._. _1-2-9-26-32-41.80-92-119 " 6—Washington Park, in regard to linving the title of said Washington Park perfected in the name of the City of Dubuque .... _ ._ _ _ ......... 2 Feb. 3—Wanger, Leo, granted Class "B" beer permit .................. 22-23 " 24—Walbrun, J. Edward, notice of claim ........................................ 25 " 24—Waller, Richard, requesting a refund on his cigarette permit...................................................................................... 26 " 24—Wharton, Mayor, entered the Council Chamber and took the Mayor's chair at 8:30 p. m ......... ..__......... _...... .. 26 Mar.. 3—Wright, Roy A. and Esther, granted Cla:,s "B" beer 37 permit......................................................... . ... _ _ 37 " 3—Weiner, Sylvester and Delores, granted Class "B" he(,r permit.................................................. ^- " 14—Wilson, Charles J. Company, assignment and agreenwill with Grey's Motor Service of the Wooten Street con- tract and extending the time for completion of said contract................................................................................ 41-80 " 14—Water Works General Fund, resolution and application for permission to make a permanent transfer of $15,000.00 from said Water Works General Fund to the Consolidated Fund which embraces the Improve- mentFund.............................................................................. 46-51 " 21—Walsh, Joseph F. and Adele, granted Class "B" beer permit......................................................................... .......... 6i, " 21—Wright, Paul C., granted Class "C" beer permit..... 65 April 7—Wharton, Albert, sworn in as Councilman for the term commencing the first Monday in April, 1947... 77 _ May 5—Wilson, Charles J. Co„ requesting that the completion date on the Wooten Street contract be extended to May 16, 1947 ............................. " 92 5—Wild, J. A., rejection of offer in the amount of $100.00 for the purchase of Lots 18 and 19 of W. Blake's Addi- tion........................................................... 99 5—Weber, Merlyn L., granted cigarette permit ........................ " 5—Weber, Merlyn L., "B" 102 granted Class beer permit ........ 9—Warren, Dell and Ralph, granted Class "B" beer permit 103 109 19—Wynier, Harold J., Restaurant Inspector, discharged by City Manager Rhomberg ........................ 122 June 20—Welp, John B., submitting offer in the amount of $25.00 for the parts of Lots 21 and 22 of Randall's Sub. No. 2 20—Wallace Bros. Shows granted cigarette " 142 permit .................. 20—Waller, R. D., re -appointed as a member of the Planning 146 and Zoning Commission for a term of five years ex - Airing May 24, 1951 ............... 30—Williams, Rev. S. V., Mt. Vernon, Iowa, suggesting that 'a 148 Grandview Avenue be calledboulevard .................... " 30—Weber, Merlyn L 152 granted cigarette permit ........................ .. granted Wm. E.„ cigarette 15830—Wodrich, permit ................ Joseph J. and Evelyn, granted cigarette permit. Company 1593o—Weiner, 159—Walgreen 3lgranted cigarette permit .................... Sylvester and Dolores, 15931—Weiner, granted cigarette permit 30— Wagner, Wm., granted cigarette " 159 permit............................... 30—Weber, Mrs. Tillie, granted cigarette permit ........................ " 30—Westercamp, 159 159 George, granted cigarette permit ................ " 30—Warren, Dell and Ralph, " 160 granted cigarette permit............ 30—Wright, Roy A.granted cigarette " 160 permit .............................. J 30—Winkler, Louis ., granted cigarette permit ................... ••...•••• " 30—Walsh, Joseph., 160 160 granted cigarette :l0—Wright, Paul C., g permit ............................ granted 160 cigarette permit ............................ 161 NDEX—Book 77 ta4 r SUBJECT Page W " 30—Ward, John J., granted cigarette permit " 30—Wingert, " .................... .......... Joseph L., granted cigarette permit ...................... 161 161 30—Wodrich, William E. and Anna, granted Class "B" beer 277 " 30—Weber, permit............................................... .................... Mrs. Tillie, granted Class "B" beer permit..... 162-163 162-163 " 30—Westercamp, ... George, granted Class "B" beer permit .... . 162-163 .fuly 7—West 11th Street, recommendation of Chief of Police that 297 Dec. 19—War parking be prohibited on the south side of the street from Prairie Street to Rose Street ........... _ . 172-201 " 7—West 12th Street, recommendation of Chief of Police that parking be prohibited on the south and weal side of street from Bluff Street to Grove Terrace ... 172-201 " 7—Walnut Street, recommendation of Chief of Ptlice that parking be prohibited on the east side of the street from University Avenue to Loras Blvd ....................... 173-201 " 7—West Third Street, parking to he prohibited on the south side of the street from Bluff Street to Burch Street 173-201 17—Water Department Operating Engineers requesting an increase in salary comparable to the amount agreed on in Washington by Management and Labor............ 177 " 17—Wanger, Leo, requesting a refund on his Class `B" beer permit.............................. _._........................... ... ..... ...... 177 31—Wagner, Harold S., et al., requesting the rezoning of the property located at the southeast corner of West Lo- cust and Kirkwood Streets from its present multiple family district classification to local business district classification .... .... ................ ........... ..... ............. ..... ..... 183-208-237-238 " 25—West Fifth Street, parking prohibited on the southerly side of said street from the west line of Bluff Street to a point opposite the west line of Lot 12 of Corell's Dubuque and on the northerly side of said street be- ginning at a point 196 feet west of the west line of Bluff Street and extending thence westerly to west line of Lot 12 of Corell's Dubuque ...... ..... _, _.__._. 201 Aug. 4—Weiner, Joseph J. and Evelyn, granted Class "I " hoer permit.... .......................................... .............. ... .....I ........ I..... 215 " 25—West Third Street property owners between Grandview Avenue and Algona Street, aam•esseu the uouncrn relative to the proposed widening of said West Third Street between Grandview Avenue and Algona Street...................................................................................... 242 " 22—Wieland, Frank C., granted cigarette permit ....................... 277 Oct. 6—Wingert, Joseph L., granted Class "B" beer permit.......... 292.293 " 13—Wyburn, Alfred J., submitting offer for the purchase of part of Lot 2 of Lot 16 of Randall's Subdivision........ 297 Dec. 19—War Department United States Engineer Office, Rock Is- land, Illinois, notice of public hearing to consider the advisability of providing harbors along the Mississippi River for the purpose of accommodating commercial tows, barges, small craft and other 3b4 " 19—War vessels.............................................................. Department United States Engineer Office, Rock Is- land, Illinois, notice of requests for extension of per- tnits to Molo Sand and Gravel Company, Dubuque Board of Dock Commissioners, Dubuque Boat and Boiler Company for the dredging of sand and gravel 354 in the Mississippi River for commercial purposes ... INDEX—Book 77 1947 SUBJECT page Y May 16—Y.M.C.A. Industrial League requesting permission to use the Athletic Field on Fourth Street Extension for the holding of their softball games ......................................... 117-121 .June 30—Yarnall, Audrey L., granted cigarette permit ...................... 161 " 30—Yarnall, Audrey L., granted Class "B" beer permit........ 162-164 Sept. 2—York Street, construction of a sanitary sewer from the iptersection of York and Curtis Streets to a point 100 feet west of the west property :line of South Hill Street............. ..... .......... I...................... ..................263.264-265-268 " 22—Yung, Mrs. Elizabeth, in regard to bus service to the Park Review....................................... June 30—Zillig, George J., granted cigarette permit ... " Hill and Kaufman Ave. areas and submitting offer 30—Zelens, Bert, ...... ............ " pBmbeer to give enough of her property for to permit a street 30—Zillig, Geroge JageantedaClass permit ................ Nov. 24—Zahina, Agnes, granted Class "C" to be run through to connect Park Hill District with beer permit .................... Dec. 19—Zwack, Anton, Inc., by Anton Zwack, in regard to deed- Kaufmann Avenue District ................................................ 269 `4 Feb. 24—Zwack, Anton, Inc., by Anton Zwack, president, submit- ting offer in the amount of $200.00 for the purchase of Lot 34 in Taylor & Cooley's Subdivision ................ 25-52 Mar. 3—Zillig, George J., granted Class "B" beer permit ................ " 37 21—Ziepprecht, W. N., et al., requesting the installation of a sanitary sewer to run parallel to Bradley Street from Randall Place to the last house on Bradley Street beyond Whelan Street .................................. ..................... Aril 7—Ziepprecht, Carl, appointed as a member of the Board of b0-241 Review....................................... June 30—Zillig, George J., granted cigarette permit ... " 78 159 30—Zelens, Bert, ...... ............ " pBmbeer 30—Zillig, Geroge JageantedaClass permit ................ Nov. 24—Zahina, Agnes, granted Class "C" 162-164 beer permit .................... Dec. 19—Zwack, Anton, Inc., by Anton Zwack, in regard to deed- 344-345 ing to the City of Dubuque a strip of ground five feet in width in order to make the alley more accessible to the property located on Althauser and Eagle Streets.................................................................................... 356 kc-ular Session, January,bth, 1947 City Council (Official) Regular Session, January 6th, 1947. Council met at 7:30 p.m. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Mayor Wharton 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. Proof of publication, certified to by the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the construction of a con- crete sidewalk abutting and adjoin- ing the West side of the West 170 feet of Lot 284 of Davis Farm Addition. Amount of special assess- ment $118.02. D. C. May Construc- tion Company, contractors, present- ed and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Return of Service, subscribed and sworn to by Edward G. Becker, that he .p®$t, d" along the line of im- provenlet a copy of the notice of levy of .special assessment and in- tention,gf; City, Council to is sue buds for the construction of a. conci tor' sidgwalk abutting, and ad: joining'.JL2 Westside of the West' 170 feet of Lot 284 of Davis Farm Additlok presented 'and read. Councilman Van Duelman moved' that the Return of Service be re-. ceived and filed. Seconded by Coun- cilrnap Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy., Thompson, Van -Duelman. Nays—None. idewalk along the Northeast side f Central Avenue abutting Lot 284 it Davis Farm Addition, by D. C. day Construction Company, con- ractor, a special tax be and is here - )y levied on subject lot and parcels of real estate hereinafter named, situated and owned, and for the amount set opposite the lot and par - eel of real estate, as follows: Special assessment submitted January 6th, 1947. Agatha Mihm, 1534 Woodland Avenue, Apartment 6, Des Moines, Iowa—Lot 284 Davis Farm Addi- tion. $118.02. 300 sq. ft. concrete sidewalk 4" thick (clearing out tree roots) @.39 $117.00 Interest 6% for 52 days, $1.02 Total $118.02. All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 6th day of January, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, SCHEDULE OF. ASSESSMENTS -Resolution No. 1.47 Be it resolved by the City Council of the City oX Dubutlue; that to pay Hort the- construction of a concrete W. W. MOFFATT, 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 Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of notice to grading contractors of the receipt of proposals for the clearing, grub- bing and grading of Wooten Street from McClain Street to West line of James Street and Peabody Street, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Rerul,�r �r:si��n, (anuary 6th, 19.17 January 6, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions sealed bids were receiv- ed until 10:00 a.m. January 6, 1947 for the clearing, grubbing and grad- ing of Wooten Street from McClain Street to James Street and Pea- body Street. Three bids were re- ceived as tabulated on the attached sheet. I recommend that the contract for the above work be awarded to Grey's Motor Service of Dubuque, Iowa at the bid price, this being the lowest and best bid received. Respectfully submitted, . A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Man. ager Rhomberg be approved. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. (AWARDING CONTRACT) Resolution No. 2.47 Whereas, proposals have been submitted by contractors for the clearing, grubbing, and grading of Wooten Street from McClain Street to the west line of James Street and Peabody Street, using the east section of Lot 1 of Lot 1 of Min- eral Lot 67 as the borrow pit, pur- suant to Resolution No. 180-46 and Grey's Motor Service, contractor, has submitted the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in plans and speci- fications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Grey's Motor Service and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete Performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on January 6th, 1947. Councilman Van Duelman moved that the resolution be approved and placed on file for one week for pub- lic inspection. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays- -None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Dubuque Packing Company, by Czizek & Czizek its' attorneys, requesting the City to construct as soon as possible a con- crete cover over the B Branch Sew- er at the intersection of East Fif- teenth Street and Sycamore Street. also that the use of Sycamore Street from Fifteenth to Sixteenth Streets as a dumping ground and storage of junk be discontinued and that such materials be re- moved from this street and that no obstructions of any kind be per- mitted thereon in the future, also that additional street lights be in- stalled on East Sixteenth Street from Elm to Sycamore Streets and the illuminating power of the pres- ent lights increased, presented and red. Attorney Robert Czizek address- ed the Council in support of the petition of the Dubuque Packing Company. Councilman Murphy moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays ---None. Communication of Peter H. Mc- Carthy stating that he feels it high- ly necessary that steps be taken to clear up the ownership of Washing- ton Park and that efforts be made to perfecting the title of Washing- tpn Park in the name of the City of Dubuque, presented and read. Regular Session, lailuai-�- hth, 1047 ,Ir. Peter H. McCarthy address- ed the Council in support of his communication. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Holl & Everly stating that they are in the process of designing and detailing a class "B" fire escape for the proposed erection on the South side of the budding, Number 705 White Street and asking permission to land a bottom stair stringer on sidewalk level nearest building, presented and read. Councilman Murphy moved that the communication be referred to the City Manager and Building In- spector for their recommendation and report. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of The Dubuque Women's Club advising that they have passed a resolution highly commending Chief of Police Joseph Strub for his work in eliminating gambling devices from taverns in Dubuque and likewise commending the Chief of Police and his Officers for their work in enforcing the law which prohibits the selling of liquors to minors and further ask- ing that the regular inspection of taverns by police officers, which is helping to keep them free of fnin- ors, be continued, presented and read. Councilman Moffatt moved that the communication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas— :Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 46-46 An ordinance amending the "Building Code of the City of Du- buque, Iowa." by permitting differ- ent type chimneys for gas burning heating units, said ordinance hav- ing been passed upon first reading on December 23rd, 1946 and order- ed placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 46-46 An ordinance amending the "Build- ing Code of the City of Dubuque, Iowa," by permitting different type chimneys for gas burning heating units. Be it ordained by the City Council of the City of Dubuque: Section 1. That Section 180 of the "Building Code" of the City of Du- buque be and the same is hereby amended by adding thereto "Transite pipe, or equal may be used as chimneys for all gas burn- ing heating units by extending same from top of said heating units to a point two feet above the Point of the roof from which the flue issues." Passed upon first reading December 23rd 1946. Passed, adopted and ap- proved upon final reading .January 6th, 1947. ALBERT WHARTON Mayor FRANK VAN DUELMAN F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest J. J. Shea City Clerk Published officially in The Tele- graph -Herald newspaper this 8th day of January, 1947. J. J. Shea City Clerk Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 1-47 An ordinance amending Ordin- ance No. 29-46, "Being an Ordin- ance granting permission to the Iowa Improvement Company to con- struct a sanitary sewer connecting with the city sewer at Hillcrest and Asbury Streets, etc.," by striking certain parts thereof requiring a sewer to be erected at defined places, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton. Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Regular Session, January kith, 1947 Couucilman Van Dueltuan moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. S. Thiering. Frank (Deed) Caro. line. 1/a interest Lots 7 and 8 Rod- gers Sub. For investigation and report, the same come under the provisions of Section 427.9, 1946 Code, Sus- pension of Taxes. Under this sec- tion there is no provision for ap- proval by City Council. The mat- ter rests solely within the power of the Board of Supervisors. Councilman Van Duelman moved It appears that the applicants that the ordinance be placed on own an undivided interest in the file with the city Clerk for public various pieces of real estate. inspection for at least one week An Opinion of the Attorney Gen - before its final adoption. Seconded eral dated, November 23, 1939 in by Councilman Thompson. Carried response to an inquiry asking by the following vote: whether taxes of undivided inter- Yeas—Mayor Wharton. Council- ests owned by various owners men Moffatt, Murphy, Thompson, should be suspended, stated as fol- lows: Van Duelman. "In answer to your second ques- Nays—None. tion, if the old age recipient and his deceased wife left no issue, then the property would descend directly to the husband, if the property was valued at less than $7,500,00. In this situation, it is our opinion that the auditor should suspend the taxes. How- ever, if the old age recipient and his wife left issue, the husband, of course, would only get one- third of the property upon his wife's death. It is our opinion that in this situation, the auditor should not suspend the taxes as it would hardly be practicable to suspend one-third of the taxes and collect the other two-thirds." Atorney General's Opinions, 1940, page 447, 448. These applications should be re- turned to the Board of Supervisors, with a copy of my communication. Very truly yours, JOHN J. KINTZINGER Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and the Board of Supervisors to be notified of the action taken by the City Council. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. January 6, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The attached peti- tion of Lloyd Burkart relates to Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of November, 1946, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. December 26, 1946 Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemen: With reference to the following petitions, requesting tax suspensions: 1. Barbara Abitz (Charles), Lots 50 and 51 Grandview Add. 1/3 inter- est. 2. Frank J. Dougherty, (Mary Agnes) Lots 172 & 173 Union Add. 1/3 interest. 3. John Kramer (Deed) (Ther- esa 1/3 interest.) Part of Lot 168 1-lam's Add. 4. Jos. Promenschenkel (Deed) Louise, 1/a interest. Lot 43 Linehan Park Add. 5. Minnie Rosenthal (D a c'd) Peter 13 interest. (E. 56 feet of N. 25 feet of Lot 561.) 6. Jos Sitterly (Deed) Lena. 1/3 interest Lot 44 Staffords Add. 7. Lucas Strub (Deed) Emma. 1/3 interest Lot 3 of A. McDaniel's Sub W '., of Lot 816 A. McDaniel's Sub Regular Session, January 6th, 194, property on the south west side of Highway No. 20 near the west city limits which property was recent- ly subdivided to Single Family Classification upon the recommen- dation of the Planning & Zoning Commjsison and the authority of your honorable body. The Planning and Zoning Commission still is of the opinion that this property and other land adjoining should be re- served for nice residences as the City grows, and help to beautify the approach to Dubuque from the west. Therefore, the Planning & Zon- ing Commission recommends to your honorable body that the peti- tion be denied. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION By RICHARD V. McKAY, Secretary Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson, Van Duelman. Nays—None. January 6, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Referring to the at- tached petition of Welkin H. Mauer requesting the rezoning of his prop- erty at 2215 Green St. to Two Fam- ily Classification, the Planning & Zoning Commission recommends to your honorable body that the peti- tion be denied due to the lack of legal authority to rezone a single piece of property. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION By RICHARD V. McKAY, Secretary Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 6, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The attached peti- tion of Edmund L. Dideseb et, al. requests the rezoning of his prop- erty at 923 W. 3rd St. (the old Burch residence) to Multiple Resi- dence classification, but due to lack Of authority to rezone a single piece of property the Planning and Zoning Commission recommends to Your honorable body the denial of the petition. In this connection, however, since Mr. Didesch's petition bears the names of the owners of much of the adjacent property and since it is the seasoned judgment of the Planning & Zoning Commission that the trend in this general area is toward Multiple Residence sta- tus the Planning & Zoning Com- mission recommends to the Hon- orable City Council that the entire area bounded by West Third St., Burch St. and Hill St. not already zoned as Multiple Residence be re- zoned to Multiple Residence Classi- fication, as per attached plat. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION By RICHARD V. McKAY, Secretary Councilman Moffatt moved that the recommendation of the Plan- ning and Zoning Commission be approved and the City Solicitor requested to prepare the proper proceedings. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 6, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith is submit- ted Profile No. 1324 showing the proposed grade on Stetmore Street; Profile No. 1325 showing the pro- posed grade on Jenni Street; and Profile No. 1326 showing the pro- posed grade on Theisen Street. I recommend that the proposed grades be approved as shown on the profiles and Ordinances be passed establishing such grades. Respectfully submitted, L. O. TEMPLE City Engineer l:e-ular session, 6th, 1947 Councilman Thompson moved that the recommendation of City Engineer Temple be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 2-47 An ordinance establishing a grade on Stetmore Street from the south property line of Lombard Street to the south property line of Theisen Street, presented and read. Councilman Van Duelman moved that the reading just had be con. sidered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Ordinance No. 3.47 An ordinance establishing a grade on Jenni Street from the south property line of Lombard Street to the north property line of Theisen Street, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt, Carried by the following vote: Yeas—Mayor Wharton, Council men Moffatt, Murphy, Thompson Van Duelnan. Nays—None. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays --None. Ordinance No, 4-47 An ordinance establishing a grade on Theisen Street from the east property line of Jenni Street to the west property line of Stet - more Street, presented and read. Councilman Moffatt moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. Councilman Moffatt moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Van Duelman. Carried 1-y the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Moffatt 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 Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays --None. Resolution No. 3-47 Be it Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers e Regular Session, Jantt,try 6th, 1947 within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Henry J. Scherr and James J. Scherr, 1196 White Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 6th day of January, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the reolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Resolution No. 4.47 Whereas, applications for 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Nick Kramer and Marie J. Kram- er, 2222 Central Avenue. Clarence G. Pregler, 2403 Central Avenue. Charles T. Snyder and Elsie Sny- der, 543 Eighth Avenue. Class "C" Permit Alois J. Ender, 534 Rhomberg Avenue. Cruso A. Alba, 2601 Jackson Street. Passed, adopted and approved this 6th day of January, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen ',hest: J. J. SHEA. City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 5-47 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc. cupied by such applicants have been inspected 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 direct- ed to issue to the following named applicants a Beer Permit. Class "B" Permit Name Address Nick Kramer and Marie J. Kram- er, 2222 Central Avenue. Clarence G. Pregler, 2403 Central Avenue. Charles T. Snyder and Elsie Syn- der, 543 Eighth Avenue. Class "C" Permit Alois J. Ender, 534 Rhomberg Avenue. Cruso A. Alba, 2601 Jackson Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed adopted and approved this 6th day of January, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays --None. There being no further business Councilman Murphy moved to ad- 8 Regular Session, .1 . anuary 6th, 1947 journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelma". Nays—None. J. J. SHEA, City Clerk Approved.. 1947 A 7 ............... ...... (N Councilmen: ....... .......... ....... ........... ....... .......... .... . ........ L..... .......... .. ..... Attest: . 1� Y . P'no?". A........... Ci erk. Special Session, January 15th, 1947 City Council (Official) Special Session, January 15th, 1947. Council met at 730 p.m. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Murphy and Moffatt. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consid- ering for final adoption Resolution No. 2-47. A resolution awarding the contract for the clearing, grubbing and grading of Wooten Street from McClain Street to the West Line of James Street and Peabody Street to the Grey's Motor Service and acting on any other business as may properly come before a regu- lar meeting of the City Council. (AWARDING CONTRACT) Resolution No. 2-47 Whereas, proposals have been submitted by contractors for the clearing, grubbing, and grapding of Wooten Street from McClain Street to the west line of James Street and Peabody Street, using the east section of Lot 1 of Lot 1 of Mineral Lot 67 as the borrow pit; pursuant to Resolution No. 180-46 and Grey's Motor Service, contrac- tor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Grey's Motor Service and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on Jaunary 6th, 1947. Passed and adopted this 15th day of January. 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by tbe,. following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Irving W. Parker, Public Relations Officer, Marine Corps League Welfare Foundation, requesting permission to exhibit enemy war material on different dates during the forth- coming year, the exhibits to be housed in special trailer, present- ed and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Lachlan Mac- leay, President; Mississippi Valley Association, extending invitation to the Mayor, the members of the City Council and the City Manager to attend the annual meeting of the Association to be held in St. Louis on January 20-21, presented and read. Councilman Murphy moved that the communication be referred to the City Council for consideration. Seconded by Councilman Van Duel - man, Carried by the following vote: Teas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Communication of E. T. Frith submitting offer in the amount of $150.00 for the purchase of Lots 116, 117, 118 and 119 in Hams Ad. clition, presented and read. Councilman Moffatt moved that the cauuiunication be referred to iltF, ('ity (Iouncil to view Tbf, 10 Special Session, January- 15th, 1947 grounds. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Joseph C. Hu- ber submitting offer in the amount of $500.00 for the purchase of Lots 4. 5, and 6 of Cushing Addition, pre- sented and read. Councilman Murphy moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton. Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays—None. January 13, 1947 Mr. J. J. Shea, City Clerk City Hall, Dubuque, Iowa Dear Jay: The report of the Du- buque County Grand Jury for the January, 1947 Term of Court, which was submitted to me on Saturday. included a request that a copy of said report be forwarded to the Dubuque County Board of Super- visors, and to the City Council of the City of Dubuque. I enclose herewith a copy of the report and ask that you submit it to the City Council at their next meeting. Yours very truly, MILTON J. GLENN, Judge 19th Judicial District of Iowa IN THE DISTRICT COURT OF IOWA, IN AND FOR DUBUQUE COUNTY REPORT OF GRAND JURY January Term, 1947 To the Honorable Milton J. Glenn. Judge of the District Court of Du- buque County, Iowa: Comes now the undersigned mem- bers of the Grand Jury for the January 1947 Term of the District Court in and for Dubuque County, Iowa, and present this report to the District Court. The undersigned members of the Grand Jury have been in session 3 days and have investigated all cases of law violations coming within the jurisdiction of the said Grand Jury. This Grand Jury returns 1 indict- ment and further state that they have dismissed no cases and have exanlined during the period that I llvil,llf beell 111 session I witlless, This Grand Jury further states that in addition to the above listed cases and witnesses, they have ex- aulined one witness, have investi- gated the complaints of said wit- ness, and have taken no further ac- tion thereon. This Grand Jury fur. ther state that they have made an inspection of the Dubuque County Court House and the Dubuque County Jail and are familiar with the condition of the City Hall of Dubuque, Iowa and in connection with said three buildings, submit the following findings and recoln- mendations: The present Court House was constructed 56 years ago, the pres- ent County Jail was constructed nearly 100 years ago, and the Du. buque City Hall was constructed 89 years ago. All are now inadequate for their purposes, all contain fire and health hazards and their con- dition is such that the cost of up- keep is prohibitive and attempted renovation would be a waste of public funds. The Court House has no fire- proof vault for the preservation of County records; over -crowded con- ditions in many of the offices re- sult in important records being stored on the upper floors, outside of any vault; the top floors, parti- cularly, constitute a fire hazard; the tall steeple may be in such con- dition as to constitute a hazard to Court House personnel and passer- by; the leaky condition of the roof. the antiquated toilet facilities, and condition of other parts of the building, indicate that many re- pairs or replacements are needed at the present time. The County Jail is being main- tained efficiently and adequately; however, it is so antiquated and out-tnoded, that it does not furnish fit facilities for the confinement of human beings. The second and third tier cell gangways are still in a dangerous condition. The cost of maintaining these three old buildings is a constant drain on public funds which will continue and increase. The Grand Jury are informed that fire officials have recently ordered that fire es- capes be placed on the Court House Special sessl oil, T:utuary 15th, 19-17 I11 and that such addition may cost twelve thousand dollars. This Grand Jury is informed that in many communities throughout the nation, a Court House, County .Tail and City Hall have been com- bined into one unit, resulting in efficiency. convenience, and de- creased maintenance costs. Wherefore, this Grand Jury re- spectfully recommends and sug- gests that the members of the Du- buque County Board of Supervisors and of the Dubuque City Council, either by themselves or through a Committee to be appointed by them, investigate and consider the possEibility of replacing the present Court House, City Hall and County .Jail with a single new unit, and if this plan is found feasible, that the necessary legal steps be taken to submit the question to the votef s. so that such unit may be construct- ed as soon as building conditions permit. The Grand Jury requests the Court to forward a copy of this report to the Dubuque County Board of Supervisors and to the City Council of the City of Dubuque. (S) ROY DECKER, (S) F. A. McBRIDE, (S) MRS. LEO SAUSER. (S) WILLIAM THEVIOT. (S) PETER J. KIES. (S) ORLIE STAMP (S) GEO. R. BURDEN City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton. Council meu Moffatt, Murphy, Thompson, Van Duehnan. Nays—None. Petition of Mrs. Jennie Fenn. re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1946 tax on Lot. 346 East Dubuque Addition. pre- sented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton. Council- men :Moffatt. Murphy. Thompson. Van Duelman. Nays—None. Council Proceedings for the mouth of August. 1946 presented for approval. Councilman Murphy moved that the Council Proceedings for the month of August, 1946 be approved as printed. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy. Thompson. Van Duelman. Nays—None. Councilman Murphy moved that. the communication and report be received and made a matter of rec- ord and complied with and that the City Manager be requested to ar- range a meeting with the Board of Supervisors at their earliest con- venience for the purpose of dis- cussing the question as recom- mended in the report of the Grand Jury. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson. Van Duelman. Nays --None. Petition of Catherine S. Lund - beck, referred to the City Council by the Board of Supervisors, re- questing suspension of the 1946 Tax on Lot 11 of Cox's Addition. presented and read. Councilman Thompson moved that the petition be referred to the Ordinance No. 1.47 An Ordinance amending Ordin- ance No. 29-46, "Being an Ordinance granting permision to the Iowa Im- provement Company to construct a sanitary sewer connecting with the city sewer at Hillcrest, and Asbury Streets, etc.," by striking certain parts thereof requiring a sewer to be erected at defined places. said ordinance having been passed upon first reading on Juanry 6th, 1947 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 1-47 An ordinance amending oirdnance 10. 29-46' 'Being an ordnance granting' permission to the Iowa hn- grcemeut Company to construct a sanitary sewer connecting with the city sewer at Hillcrest, and AsbuO streets, etc.," by striking certain parts thereof requiring a sewer to be erected at defined places. Be it ordained by the city council of she cite of lmbuque: 12 Special Session, January 15th, 1947 Sec. 1. That Ordinance No. 29-46 be and the same Is hereby amended by striking from Sec. 1, the follow- ing: "912 lineal feet of sanitary sewer in Asbury Street from the east line of Avalon to the west line of Chaney, at which point it shall enter into an existing manhole", and "175 in Val- ley View". Sec. 2. This ordinance shall be in force and affect ten days from and after Its final passage, adoption, and publication, as by law providing. Passed apon first reading this 6th day of January, 1947, Passed, adopted and approved upon final reading this 15th day of Jan- uary, 1947. Albert Wharton, Mayor. Frank Van Duelman, F. W. Thompson, Geo. R. Murphy, W. W. Moffatt, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE NO. 1-47 Iowa Improvement Company by au- thority of Its Board of Directors, with full know- ge and understand- ing of all the terms and conditions of Ordinance No. 1-47, hereby accepts the same as adopted, and abides by all of the terms and conditions there- of. Executed this .23 day of January, 1947. IOWA IMPROVEMENT CO. By L. A. ROWLAND, Vice President. Published officially in The Telt graph -Herald newspaper this 27ti, day of January, 1947. 1-27-1t J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None, Ordinance No. 2.47 An ordinance establishing a grade on Stetmore Street from the South property line of Lombard Street to the South property line of Theisen Street, said ordinance having been passed upon first reading on Janu- ary 6th, 1947 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- ented for final adoption. i3E ITOOHD.IINVEn 13Y HE CITY COUNCIL OF THE CITY OF DU- UQUE SECTION 1. That a grade on Stet - wore of Street Lombard Streetotohtth heo.perty uth property line of Theisen Street be hereby established and adopted as hown by the profile of said street and -rade prepared by the ('ity Engineer, 'eilig profile No. 1321. L'euchhark, the south end of southeast curb re- turn of South Algona Street and Lom- bard Street, elevation 268.00. Said grade begins at station 0 -i- 00, which is the south property line of Lombard Street, east and west curb elevations 220.30; thence to station 4 -1- 00, east and west curb elevations 211.06; thence to station 4 -i- 10 which Is the south property line of Theisen Street, east and west curb elevations 210.85. SECTION II. This ordinance shall be in force and take effect ten (10) days from and after Its passage by the City Council and its publication as required by law. Passed upon first reading January 6th, 1947. Passed, adopted, and approved Jan- uary 15th, 1947. ALBERT WHARTON FRANK VAN DUELMANi F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Attest: J. J. Shea Councilmen City Clerk Published officially in The Tele- graph -Herald newspaper this 17th day of January, 1947. J. J. SHEA City Clerk Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 3-47 An ordinance establishing a grade on Jenni Street from the South property line of Lombard Street to the North property line of Theisen Street, said ordinance having been passed upon first reading on Janu- ary 6th, 1947 and ordered placed on file with the City Clerk for public inspection for at least one week be- fore its final adoption, was present- ed for final adoption. ORDINANCE NO. 3-47 BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: SECTION 1. That a grade on Jen- ni Street from the south property line of Lombard Street to the north Property line of Theisen Street be hereby established and adopted as shown by the profile of said street and grade prepared by the City En- \gineer, being profile No. 1325. Bench lark, the south end of southeast curb return of South Algona Street and Lombard Street, elevation 268.00. Said grade begins at station 0 -i- 00. which is the south property line of Lombard Street, east curb elevation 211.25, west curb elevation 242.41; thence to station 0 + 50, east curb Elevation 239.50, west curb elevation 240.00; thence to station 1 + 00, east and west curb elevation 237.61; thence to station 1 + 10, east and west curb elevation 237.17; thence to Special Session, January 15th, 1947 13 station 1 -1- 60, east and west curb elevation 235.48; thence to station 2 + 10, east and west ctirb elevation 234.75; thence to station 3 +60, which is the north property line of Theisen Street, east and west curb elevation 234.00. SECTION II. This ordinance shall be in force and take effect ten (10) days from and after its passage by the City Council and its publication as required by law. Passed upon first reading January 6th, 1947, Passed, adopted, and approved Jan- uary 15th, 1947. Albert Wharton, MAYOR. Frank Van Duelman, F. W. Thompson, Geo, R. Murphy, W. W. Moffatt, COUNCILMEN. Attest: J. J. Shea. CITY CLERK. Published officially in The Tele- graph -Herald newspaper this 17th day of Januray, 1947. 1-17-1t. J. J. Shea, City Clerk. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Mofatt, Murphy, Thompson, Van Duelman. Nays --None. Ordinance No. 4.47 An Ordinance establishing a grade on Theisen Street from the East property line of Jenni Street to the West property line of Stetmore Street, said ordinance having been passed upon first reading on Janu- ary 6th, 1947 and ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 4-17 BE IT COUNCIL OF AINED BY THE C OF THECITY OFDU- BUQUE. Section 1 That a grade on Theisen Street from the east property line of Jenni Street to the west property line of Stetmore Street be hereby estab- lished and adopted as shown by the profile of said street and grade prepared - profl a by he 1326 City yBen1clh Markbethe south end of southeast curb return of South Algona Street and Lombard Street, elevation 265.00. Said grade begine at station 0 -i- 00, J ninh Street northcis the ea tpropertland south au b tion Ol -Fa elevations north and tsouth curb hence tseleva- tions 231.13; thence to station 1 + 00, north and south curb eleOvationF b 327.00; thence to station 1 -� n nd south curwelev tions 2 Sand thence to station south curb elevations 214.75; thenc( to station 2 -i- s0, which is the wesi iroperty line of Stetmore Street, forth curb elevation 212.10, south urb elevation 211.70. Section II. This ordinance shall )e in force and take effect ten (10) lays from and after its passage by he City Council and Its publication is required by law. Passed upon first reading January th, 1947. Passed, adopted and approved Janq- try 15th, 1947. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper this 17th day of January, 1947. J. J. SHEA, City Clerk. 1-17-1t Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 15, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I am submitting here- with reports of the City Treasurer, City Auditor, City Health Depart- ment and City Water Department for the month of December, 1946, also list of claims and list of pay- rolls for which warrants were drawn during the month of Decem- ber, 1946. Respectfully submitted. A. A. RHOMBERG, City Manager Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 15, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of De- cember 23, 1946 the communication of Arthur C. Kauffmann offering $125.00 for the purchase of Lot I of McCraney's ] st Addition and parts of Lots 116, 117, 118 and 119 of Ham's Addition were referred to the Cotut(.il to view the grounds. 14 Special Session, January 15th, 1947 The Council, having viewed the property, decided to reject the of- fer. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 15, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of January 9, 1947 the communication of Holl and Everly asking permis- sion to erect a Class "B" fire escape in the sidewalk space on the East Seventh Street side of the building at 705 White Street was referred to the City Manager and Building Inspector for recommendation and report. We have examined the premises and recommend that the application be denied since it is possible to con- struct a suitable fire escape on the, northerly side of the building and thus not encroach upon public prop- erty. Respectfully submitted, A. A. RHOMBERG, City Manager DONALD J. BANDY, Building Inspector• Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg and Building In- spector Bandy be approved. Sec. onded by Councilman Murphy. Car. ried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Resolution No. 6-47 Whereas, application for Class "C" Beer Permit has been submitt- ed to this Council for approval and the same has been examined: Now Therefore, Be It Resolved by the Council of the City of Dubuque that the fol. lowing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. Class "C" Permit Name Address Joseph J. Hesselman. 343 Eighth Avenue. Passed, adopted and approved this 15th day of January. 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car. ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Application of Club University for a Class "B" Beer Permit for Pri- vate Club, presented and read. Councilman Murphy moved that the application be referred to the City Solicitor for examination and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays—None. Resolution No. 7-47 Whereas, heretofore Application Por Beer Permit was filed by the within named Applicant and has ,eceived the approval of this Coun- ;il, and Whereas, the Applicant has filed L proper bond: Now Therefore, Be It Resolved by the Council of he City of Dubuque that the man- Lger be and he is hereby directed o issue to the following named applicant a Beer Permit: Class "C" Permit Name Address Joseph J. Hesselman, 343 Eighth venue. Special. Session, January 15th, 1947 1 Passed, adopted and approved this 16th day of January, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN. F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA. Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA. City Clerk City Clerk I Approved Councilman Murphy moved the adoption of the resolution. Second- opted ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Councilmen: Nays—None. Councilman Van Duelman moved that the previous action taken by the City Council, in referring the application of the Club University for a Class "B" Beer Permit for Private Club to the City Solicitor for examination and report, be re- scinded. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Thompson moved that the application of the Club University for a Class "B" Beer Permit for Private Club be denied. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Moffatt moved that the City Manager be instructed to invite Aviation Consultants to meet with the City Council with a view to having a Master Plan of Airport facilities prepared together with their recommendations for the fu- ture operation and maintenance of the New Municipal Airport. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Van Attest: .. 1. T .1947 Regular Session, hebruary 3rd, 1947 17 City Council (Official). Regular Session, 'February 3rd, 1947. Council met at 7:30 P.M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Mayor Wharton 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 Thompson moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote. Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mr, Nick Grommersch addressed the Council stating that he is in favor of having the bus service ex- tended on Park Hill District and requested that a street be estab- lished connecting Park Hill Dis- trict with Kaufmann Avenue. Coun- cilman Thompson moved that the verbal request of Mr. Nick Grom- mersch be referred to the City Council to view the grounds. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Messrs C. E. Rhodes representing the Dubuque Automobile Club, Thomas Nelson representing the Veterans of Foreign Wars, A. A. Meyer and E. F. Lusch represent- ing the Dubuque Safety Council, B. A. Ruegnitz representing the Safety Patrol, A. G. Sommerfeld, John A. Cunningham, Henry Cun- ningham, and Dave Hartig ad- dressed the Council and discussed the parking problem, the installa- tion of parking meters and the use of the money derived from the Parking meters, the providing of free parking lots and the addition of more men on the police depart- ment. City Manager Rhomberg and City Solicitor Kintzinger fully set out the position of the City and the State Laws covering the various problems as presented and dis- cussed by the different speakers. Notice of Claim of Ernest Hafer- becker in the amount of $10,000.00 for injuries sustained in falling Into an open and unguarded cellar - way in close proximity to the side- walk on the west side of Rock Street at a point approximately 15 feet north of the north curb of Uni- versity Avenue, presented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Notice of Claim of Clara L. Knapp in the amount of $1,000.00 for injuries sustained in falling on the ice covered sidewalk and alley between Dodge and Curtis Streets on the east side of Booth Street, presented and read. Councilman Moffatt moved that the Notice of Claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication o f O'Connor, Thomas & O'Connor, By F. A. O'- Connor, asking that the City Coun- cil take favorable action at the earliest possible date on the peti- tion of St. Clara College requesting the opening of Platt Street near Mercy Hospital, presented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of the Dubuque Junior Chamber of Commerce ad- vising that they are in favor of the 18 Regular Session, February 3rd, 1947 movement for a new City -County Court House and offices, presented and read. Councilman Thompson moved that the communication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of D u b u q u e Chamber of Commerce advising that the Board of Directors have endorsed the proposal to provide a combination new City Hall and Court House, as also a jail, for the joint use of both the City and County, presented and read. Coun- cilman Murphy moved that the com- munication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the Sonotone Corpora- tion advising that they propose to open a permanent office in Dubuque for the purpose of conducting their local sales and service and request- ing that the City Solicitor be in- structed to enter into an agreement, as provided for by Ordinance No. 4-33, whereby the interests of the City of Dubuque will be protected, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of the General Fitzhugh Lee Auxiliary of the United Span- ish War Veterans requesting per- mission for the holding of a tag day on Saturday, April 26th, 1947, pre- sented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Charles J. and Julius J. Boyer requesting the rezoning of that part of O'Connor's Subdivision that fronts on Southern Avenue in the 300 block from Two Family Residence District Classification to Local Business District Classiflca- tion, presented and read. Council. man Thompson moved that the pe- tition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Nick Grommersch re- questing the vacation of the alley first west of Muscatine Street from Putnam Street northerly to its end at the northeast corner of Lot 1 of Mineral Lot 346 and stating that in return for the conveyance of his proper share of the vacated part of the alley that he will deed a strip of land 15 feet in width to the City for the extension of Sabula Street to Burlington Street, presented and read. Councilman Murphy moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- p o r t. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Henry Jansen request- ing a refund in the amount of $25.00 on his Cigarette Permit No. 166 as he has discontinued business, pre- sented and read. Councilman Mof- fatt moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $25.00 in favor of Henry Jansen to cover the amount of re- fund granted on the unexpired por- tion of his Cigarette Permit No. 166. Seconded by Council Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Czizek and Czizek, By M. H. Czizek, requesting that there be no further delay in pro- ceedings with the construction of the sewer in front of the Albert Regular Session, February 3rd, 1947 19 Dolan property located at 2924 Shiras Street, presented and read. Councilman Van Duelman moved that the petition be referred to the City Council. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- man Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Arthur C. Kauffmann submitting offer in the amount of $200.00 for the purchase of Lot 1 of McCraney's 1st. Addi- tion and Lots 116, 117, 118 and 119 of Part of Ham's Addition, pre- sented and read. Councilman Mur- phy moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Leo F. Bly requesting the rezoning of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot 63 to Local Business District Classifica- tion, presented and read. Councilman Moffatt moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mrs. Ida Murray et al, residents and property owners in the vicinity of Kaufmann Avenue, requesting the extension of bus ser- vice to this particular vicinity, pre- sented and read. Councilman Murphy moved that the petition be referred to the City Manager to confer with the officials of the Interstate Power Company. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims No"` for which warrants were drawn during the month of December, 1946, Presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Council Proceedings for the months of September and October, 1946, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the months of September and Octo- ber, 1946, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 21, 1947. Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: In regard to the peti- tion of Catherine S. Lundbeck for suspension of 1946 taxes on Lot 11 of Cox's Addition to the City of Du- buque, Iowa, and petition of Mrs. Jennie Venn for suspension of 1946 taxes on Lot 326, East Dubuque Ad- dition, I recommend that said Peti- tions be approved and notice of such approval by the City Council be given to the Board of Super- visors of Dubuque County. Yours truly, JOHN J. KINTZINGER. Councilman Murphy moved that the recommendation of City Solicit- or Kintzinger'be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. February 3, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following Pol- icy and desire to have your aP- proval on same for filing: TAXI -CAB Telephone Cab Company, 86 Main 20 Regular Session, February 3rd, 1947 Street; Policy No. 14 P 102482, American Casualty . Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bond be approved and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 25, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Commission of the City of Dubuque respectfully recommends to your honorable body the grant- ing of the attached petition of St. Clara College, Sinsinawa, Wis., re- questing the extension of Platt Street easterly to meet Cardiff Street. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secy. Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved and referred to the City Solicitor to prepare the proper proceedings. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 25, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to the at- tached petition of Mr. Carl Riley re- questing vacation of a part of Platt Street adjoining his property at the corner of James and Platt Street. The Planning and Zoning Commis- sion respectfully recommends de. nial of the petition. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secy. Councilman Moffatt moved that the recommendation of the Plan. ning and Zoning Commission be ap. proved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 25, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Regarding the at- tached petition of J. Burroughs cak- ing for vacation of the alley ad- joining Lots 37 to 41 of Rose Hill Addition, the Planning and Zoning Commission respectfully recom- mends granting the petition pro- vided the written consent of all abutting property owners is ob- tained and filed with the Planning and Zoning Commission. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secy. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. January 25, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to petition of Herman Kolbe requesting vaca- tion of City property at the south- west corner of 32nd Street and Central Avenue the Planning and Zoning Commission respectfully recommends denial of the petition. To grant it might interfere with the widening of 32nd Street at some fu- ture date. The present street is 64 feet wide, while the Master Plan calls for an eventual width of 84 feet to meet requirements as traffic increases. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secy. Councilman Van Duelman moved that the rocemmendation of the Planning and Zoning Commission be approved. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Regular Session, February 3rd, 1447 21 February 3, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: We are attaching hereto application for Class "B" Beer Permit from William P. Col- lins to operate at 1046 Central Avenue. This is to advise that an inspec- tion has been made of this building by the Building, Plumbing and Electrical Inspectors, the Fire Chief and the Assistant State Fire Marshall, Mr. Luberden, and it was found that this building does not comply with the State fire regulations in regard to fire es. capes. Therefore an official order to construct and place a fire escape on this building has been served on Mrs. Margaret C. Hussmann, 1113 Vine Street, Waterloo, Iowa, owner of said building. A time limit of sixty (60) days has been given to complete this installation. On January 11, 1947 an order was placed with Holl & Everly of Du- buque, Iowa, to construct a fire escape on this building. Very truly yours, DONALD J. BANDY, Building Inspector PERRY KIRCH, Fire Chief Councilman Van Duelman moved that the communication of the Building Inspector and Fire Chief be received and made a matter of record. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. February 3, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: We are attaching hereto application for Class "C" Beer Permit from Frank J. Pusa- teri to operate at 1296 Central Avenue. This is to advise that an inspec- tion has been made of this building by the Building, Plumbing and Electrical Inspectors, the Fire Chief and the Assistant State Fire Marshall, Mr. Luberden, and it was found that this building does not comply with the State fire regula• tions in regard to fire escapes. Therefore an official order to con struct and place a fire escape or .his building has been served upon Frank J. Pusateri. A time limit of sixty (60) days has been given :o complete this installation. On January 22, 1947 an order was placed' with E. J. Voggenthaler Company of Dubuque, Iowa, to con- struct a fire escape on said build. ing. Very truly yours, DONALD J. BANDY, Building Inspector PERRY KIRCH, Fire Chief Councilman Thompson moved that the communication of the Building Inspector and the Fire Chief be received and made a mat- ter of record. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—;Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Resolution No. 8-47 Whereas, the area bounded by West Third Street, Burch Street and Hill Street is partly in Multiple Resident District and partly in two family Residence District classi- fications. Whereas, the Planning and Zon- ing Commission Recommended to the City Council that the entire area bounded by West Third Street, Burch Street and Hill Street, be changed to Multiple Residence Dis- trict Classification, and Whereas, before the Zoning Map and Zoning Ordinance of the City may be changed it is necessary that a public hearing he held, and Whereas, the City deems it ad- visable to hold such public hear- ing. Now, Therefore: Be It Resolved by the City Coun- cil of the City of Dubuque That there should be a public hearing on the question of rezon- ing the entire area bounded by West Third Street, Burch Street and Hill Street to "Multiple Resi- dence District Classification." That the time and place for said hearing be and the same is hereby fixed for 7:30 p.m., the 24th day of February, 1947 in the City Council Chamber in the City Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph -Her- ald in the City of Dubuque, notice 22 Regular Session, February 3rd, 1947 of such hearing. the same to be so published so as to leave at least 15 days between the day of such publication and the day fixed for said hearing, said notice shall con- tain, among others, the provision that any and all parties in interest and any and all citizens shall have an opportunity to be heard. Passed, adopted and approved this 3rd day of February, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, 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 Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 9-47 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provision of law relating to the sale of cigarettes within the City of Du- buque, be granted a permit to sell cigarettes and cigarette papers witLin said City and the Manager be&ected. to issue such permit on of said City. Name Address Fred 14. Cooper and Leo V. Cun- ningham,0 V4st 6th Street. 0 -Mile Mu phy, 435 Central Avenue. Lawrence Schwartz, 500 Rhom- berg Avenue. Fraternal Order of Orioles, 1600 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 3rd day of February, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second. ad by Councilman Van Duelman. Tarried by the following vote: Yeas—Mayor Wharton, Council - nen Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No, 10-47 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Orville P. Murphy, 435 Central Avenue. Louis Authoine and Agnella An- thoine, 119 West 6th Street. Lawrence Schwartz, 500 Rhom- berg Avenue. Leo Wanger, 553 Eighth Avenue. Dick Ferguson, 310 East 30th Street. Fred H. Cooper and Leo V. Cun- ningham, 250 West 6th Street. Joseph Hillard and Bernice Hil- lard, 431 Rhomberg Avenue. William P. Collins, 1046 Central Avenue. Class "C" Permit Rhea Bournias, 2284 University Avenue. William Keefe, 2700 Jackson Street. Mrs. Milly Kane, 248 Southern Avenue. Frank J. Pusateri, 1296 Central Avenue. Passed, adopted and approved this 3rd day of February, 1947, ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, CEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Regular Session, February 3rd, 1947 23 Resolution No. 11-47 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be occu- pied by such applicants have been inspected 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 Man- ager be and he is hereby directed to issue to the following named ap- plicants a Beer Permit: CLASS "B" PERMIT Name. Address. Harold Chatfield, 2093 Washing- ton Street. Orville P. Murphy, 435 Central Avenue. Louis Anthoine and Agnella An- thoine, 119 West 6th Street. Lawrence Schwartz, 500 Rhom- berg Avenue. Leo Wanger, 553 Eighth Avenue. Dick Ferguson, 310 East 30th Street. Fred H. Cooper and Leo V. Cunningham, 250 West 6th Street. Joseph Hillard and Bernice Hill- ard, 431 Rhomberg Avenue. William P. Collins, 1046 Central Avenue. CLASS "C" PERMIT. Rhea Bournias, 2284 University Avenue. William Keefe, 2700 Jackson Street. Mrs. Milly Kane, 248 Southern Avenue. Frank J. Pusateri, 1296 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of February, 1947. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. See- onded by Councilman Moffatt. Car- ried by the folowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that City Manager Rhomberg be in- structed to confer with the Aviation Committee of the Chamber of Com- merce to the end that the City of Dubuque be provided with through Transcontinental Air Service and that the proper officials of the Civil Aeronautics Board be contacted in furthering this project. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business, Mayor Wharton moved to adjourn. Seconded by Councilman Thomp- son, Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk. Approved.. . .... ...t!.�n.. 1947 Adopted.... ... ..... 1. l . / Councilmen: Attest: ity Clerk. 21 Special Session, February 24th, 1947 City Council (Official) Special Session, February 24th, 1947. Council met at 7:30 P. M. Present—councilmen Moffatt, Murphy, Thompson, Van Duelman. Absent—Mayor Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Councilman Thompson m o v e d that Councilman Moffatt be ap- pointed Mayor Pro Tem of the Council meeting. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Councilmen M u r p h y, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Councilman Moffatt not voting. Mayor Pro Tem Moffatt read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon the question of rezoning the entire area bounded by West Third Street, Burch Street and Hill Street to Multiple Residence District Clas- sification and acting on any other business as may properly come be- fore a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of a public hearing upon the question of rezoning the entire area bounded by West Third Street, Burch Street and Hill Street to Multiple Resi- dence District Classification, pre- sented and read. No written remon- strance filed and no objectors pres- ent in the Council Chamber at the time set for said public hearing. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Ordinance No. 5.47 An Ordinance amending and changing the 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 classify the en- tire area bounded by West Third Street, Burch Street and Hill Street into Multiple Residence District Classification, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at east one week be- fore its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton: Notice of Claim of Eldon B. Dig - man in the amount of $12.00 for damages to his car caused by a city grader while removing heavy chunks of packed snow from the street on Bluff Street between Sev- enth and Eighth Streets, presened and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays—None. Absent—Mayor Wharton. Special Session, February 24th, 1947 25 Communication of O'Connor, Thomas & O'Connor, by E. Mars- hall Tbiomas, advising that they represent J. Edward Walbrun and that on behalf of Mr. Walbrun they are making claim against the City of Dubuque, Iowa, in the sum of $5,000.00 as a result of drinking water from a pipe, which was neg- ligently connected by employees of the City of Dubuque with a sewer main rather than a water main, while he was working on a new housing project off Lombard Street, presented and read. Councilman Murphy moved that the communic- tion be referred to the City Solici- tor for investigation and 'report. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Communication of Anton Zwack, Inc., by Anton Zwack, Pres., sub- mitting offer in the amount of $200.00 for the purchase of Lot 34 in Taylor & Cooley's Subdivision, presented and read. Councilman Thompson moved that the com- munication be referred to the Coun- cil to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Petition of Mr. and Mrs. Carl Scheufele requesting that grades be established on Esther and Tres- sa Streets, presented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Petition of Horace L. Poole, re- questing that grades be established on Esther and Tressa Streets, pre• sented and r e a d. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None, Absent—Mayor Wharton. Petition of Cecelia Ellis et al re- questing the rezoning of the half block on the easterly side of Finley Street between Cherry Street and University Avenue from single fam- ily residence district classification to two family residence district classification, presented and read. Councilman Thompson moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Moffat, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Petition of Mrs. Emery Cadden et al requesting the installation of a street light on the corner of West Fifth and Roberts Streets, present- ed and read. Councilman Murphy moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Petition of Fred H. Cooper and Chris Martin requesting a refund in the amount of $50.00 on their Class "B" Beer Permit No. 45, and also requesting a refund in the amount of $25.00 on their Cigarette Permit No. 167, as they have discontinued business on February 3, 1947, pre- sented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Fred H. Cooper and Chris Martin to cover the amount of re- fund granted on the unexpired por- tion of their Class "B" Beer Per- mit No. 45, and also that the City 26 Special Session, February 24th, 1947. Auditor be instructed to draw a warrant in the amount of $25.00 in favor of Fred H. Cooper and Chris Martin to cover the amount of re- fund granted on the unexpired por- tion of their Cigarette Permit No. 167. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Petition of Richard Waller re- questing a refund in the amount of $25.00 on his Cigarette Permit No. 40 as he has discontinued business on February 3, 1947, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 In favor of Richard Waller to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 40. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Petition of Hubert Galls and Ar- thur J. Spahn requesting a refund In the amount of $25.00 on their Cigarette Permit No. 120 as they have discontinued business on Jan- uary 29, 1947, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Hubert Galle and Arthur J. Spahn to cover the amount of re- fund granted on the unexpired por- tion of their Cigarette Permit No. 120. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Petition of Grey's Motor Service, by Vincent Kobida, requesting an extension of time until March 16, 1947, for the completion of the con- tract for the clearing, grubbing and grading of Wooten Street from Mc. Clain Street to the west line of James Street, presented and read. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. A RESOLUTION EXTENDING TIME TO CONTRACTOR. Resolution No. 12-47 Whereas, on the 23rd day of Jan- uary, A. D. 1947, a contract was made and entered into by and be- tween Vincent Kobida d/b/a Grey's Motor Service and the City of Du- buque, Iowa, whereby said Vincent Kobida d/b/a Grey's Motor Service contracted and agreed to do the fol- lowing work in said City, to -wit: To clear, grub and grade Wooten Street from McClain Street to the west line of James Street and Pea- body Street, and Whereas said contractor has been unable to complete said work by the 22nd day of February, A. D. 1947, the time fixed for such com- pletion by said contract; and Whereas it appears to this Coun. cil to be necessary to give said contractor additional time to com- plete said wdrk: Now therefore, be it resolved by the City Council of the City of Du- buque, Iowa, that said Vincent Ko- bida d/b/a Grey's Motor Service, the above named contractor be and he is hereby granted until the 16th day of March, A. D. 1947, in which to complete said work, this exten- sion of time being conditioned that said contractor shall and will ad- here to said contract, and that said contractor shall within seven (7) days from the date of passage of this resolution, accept in writing the terms and conditions hereof on his part. Passed, adopted and approved this 24th day of February, 1947. Approved: W. W. MOFFATT, Mayor Pro Tem. 'FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Special Session, February 24th, 1947 27 Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duel. man. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Petition of Marjorie G. Morrow and Hazel A. Schwartz requesting a refund in the amount of $25.00 on their Cigarette Permit 185 as they have discontinued business on February 9, 1947, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Marjorie G. Morrow and Hazel A. Schwartz to cover the amount of refund granted on the unexpired portion of their Cigar- ette Permit No. 185. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Before the Civil Aeronautics Board in the Matter of the Applications of Automatic Airmail, Inc., Docket No. 415, for permanent certificates of public convenience and necessity under Section 401 of the Civil Aeronautics Act of 1938. Petition of City of Dubuque and the Dubuque Chamber of Commerce for leave tc intervene in support of the proposa. of Mid -Continent Airlines, Inc., ix the rehearing, reargument, or re consideration of the Board'sfind iugs in the North Central Case, pur suant to Rule 4 (b) of Section 285.1 tules of Practice under Title IV of he Civil Aeronautics Act. Councilman Murphy moved that dayor Wharton be authorized to execute said petition on behalf of :he City of Dubuque, Iowa. Sec- rnded by Councilman Thompson. "arried by the following vote: Yeas—Mayor Pro Tem Moffatt, "'ouncilman Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Transmission Line Easement be- tween the City of Dubuque and the Interstate Power Company, a Dela- ware Corporation, granting said Corporation, its sucessors and as- signs, forever, the right, privilege and authority to construct, operate, maintain and remove lines for the transmission of electric energy, in- cluding necessary poles, wires, guys, stubs and other fixtures, over, across and upon real estate owned by the City of Dubuque and located in the County of Dubuque, State of Iowa, presented and read. Councilman Murphy moved that the Transmission Line Easement be referred to the City Manager and City Solicitor for their recom- mendation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Petition of Earle J. Sowle, owner of Lots 99 to 105, inclusive, in Mc - Daniel's Park Hill Addition, re- questing the vacation of that part of National Street which extends 120 feet into this Addition from Keokuk Street, presented and read. Councilman Van Duelman moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Pro Tern Moffatt, on, Councilmen Murphy, Van Duelman. Nays—None. Absent—Mayor Wharton. proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn dur. ing the month of January, 1947, pre- sented and read. 28 Special Session, February 24th, 1947 Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Council Proceedings for the month of November, 1946, presented for approval. Councilman Van Duelman, moved that the Council Proceedings for the month of November, 1946, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Ordinance No. 6-47. An Ordi- nance providing for the vacation of part of Booth Street north of Mar- tha Street next adjoining Lot 1 of 1, Lot 1 of 1 of 2 and Lot 1 of 2 of 2, Trenk's Sub., and for the convey- ance of parts of said street to the respective abutting owners, pre- sented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Councilman Van Duelman moved that the ordinance be placed on file With the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. February 15, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit re- ports of the City Auditor, City Treasurer, City Health Department and City Water Department for the month of January, 1947, also list of claims and list of payrolls for which warrants were issued for the month of January, 1947. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson m o v e d that the reports be received and placed on file. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Mr. Edgar Dykeman addressed the Council requesting permission to lease Lot 319, Ham's Addition, owned by the City of Dubuque, and located at the corner of Hawthorne Street and Rhomberg Avenue. Councilman Thompson m o v e d that the verbal request of Mr. Dyke - man be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Resolution No. 13-47 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Frank Klein and Anna Klein, 600 Central Avenue. Russell Kissling, 1585 Delhi Street. Special Session, rebruary 24th, 1947 29 Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 24th day of February, 1947. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson m o v e d the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Resolution No. 14-17 Whereas, application for Class "C" Beer Permit has been sub- mitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City: CLASS "C" PERMIT. Name Address Wm. H. Apel, 2616 Windsor Avenue. Passed, adopted and approved this 24th day of February, 1947. FRANK VAN DUELMAN, GEO. R. MURPHY, F. W. THOMPSON, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote, Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson: Van Duelman. Nays—None. Absent—Mayor Wharton. Resolution No. 15.47 Whereas, heretofore applications for Class "C" Permit was filed b3 the within named applicant and i las received the approval of this ;ouncil; and Whereas, the premises to be oc- ;upied by said applicant have been .nspected and found to comply with ;he ordinances of this City and he las filed a proper bond; therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plicant a Beer Permit: CLASS "C" PERMIT. Name Address Wm. H. Apel, 2616 Windsor Avenue. Be It Further Resolved that the bond filed by said applicant be and the same is hereby approved: Passed, adopted and approved this 24th day of February, 1947. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays—None. Absent—Mayor Wharton. Mayor Wharton entered the Council Chamber and took the Mayor's chair at 8:30 P. M. Councilman Moffatt moved that in view of the report of the City Solicitor that the Statute does not provide for the City Council to regu- late time, no action will be taken by the City Council regarding Day- light Savings Time until such auth- ority is given to the City by the Legislature. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman 30 Special Session, February 24th, 1947 Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk. Approved .. �.. 1947. Adopted.. 1947 Aj Councilmen: I' _ --...--"-..7.J... ..... .... Attest: ...... Ci �lerk. Regular Session, March 3rd, 1947 31 City Council (Official) Regular Session, March 3rd, 1947. Council met at 7:30 p.m. Present—Mayor Wharton, Coun. cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Mayor Wharton 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. Communication of D u b u q u e Trades and Labor Congress advis. ing that they are of the opinion that in the event that the City Council is called upon to make a decision on the question of Daylight Saving Time that it be left in the hands of the people to be decided at an election to be called for that purpose, presented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Willard C. Bot- toms, Committeeman, submitting letter on his own behalf and at the request of other private citizens from 27 towns and cities in the State of Iowa who met in Des Moines to discuss a very important problem that is common to all of our municipalities, the problem of getting additional revenues with- out increasing property taxes, pre- sented and read. Councilman Thompson moved that the communication be receiv- ed and filed. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an offer of $250.00 made by Arnold J. Leytem on the South 43 feet of the West 100 feet of Lot 5, North 7 feet of West 100 feet of Lot 5, South 33 feet of West 100 feet of Lot 6, North 17 feet of West 100 feet of Lot 6, all in Jaeger's Subdi- vision, presented and read. Council- man Van Duelman moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None, Telegram from Jimmie H. Davis, Governor of Louisiana, requesting attendance of Mayor Wharton or an off tial to represent him at the final hearing to be held in New Orleans on March 5th, on the pro- posed Tidewater Seaway, presented and read. Councilman Moffatt moved that the Telegram be re- ceived and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Frank and Magdalena Buol submitting offer in the amount of $100.00 for the pur- chase of Lot 1 of McCraney's 1st. Addition, presented and read. Coun- cilman Van Duelman moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Tbomp- son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Mancini, Ventrella & Sons, by Joseph Ventrella, request- ing permission to use explosives to clear the trench of all rock or bould- ers as may be encountered in the 32 Regular Session, March 3rd, 1947 construction of the Kaufmann Ave- nue Sanitary Trunk Sewer, pre. sented and read. Councilman Mof- fatt moved that the request be granted upon the filing with the City of Dubuque of a proper blast- ing bond in the amount of $5,000.00. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Hyde Clark Women's Relief Corps requesting permission to hold a tag day on Saturday, April 5th, 1947, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa Gentleman: The undersigned, Vincent Kobida d/b/a Grey's Motor Service, con- tractor for the clearing, grubbing, and grading of Wooten Street from McClain Street to the west line of James Street and Peabody Street, does hereby accept all the terms and conditions of the extension of time by Resolution No. 12-47 dated February 24th A. D 1947. Dated this 26th day of February, 1947. Vincent Kobida d/b/a Grey's Motor Severice, Contractor. Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Parking Survey Report for the City of Dubuque, Iowa, submitted for Council consideration by the Citizens Advisory Parking Commit- tee, presented and read. Council- man Murphy moved that the report be referred to the Council for fur. ther study and that a copy of said report be furnished the members of the City Council. Seconded by Coun. cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council. men Mofaftt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the matter of augmenting the Bus Stop Signs to read, "No Park. ing To Corner," be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Board of Dock Commissioners explaining in detail the request for easements in favor of the Interstate Power Company over properties owned by the Mu- nicipality, presented and read. Councilman Murphy moved that the communication be received and referred to the City Manager and City Solicitor for their recommen- dation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Lease between the City of Du- buque and the United States of America for the purpose of Naval Reserve Armory to be located on Lots 340, 341, 342, 343 and the abutting alley all in Ham's Addi. tion consisting of 0.85 of an acre, presented and read. Councilman Thompson moved that the Lease be referred to the City Solicitor for recommendation and report and the Mayor authorized to execute the said Lease upon receipt of the recommendation and report when submitted by the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Ordinance No. 5-47 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Regular Session, March 3rd, 1947 33 Ordinance No. 3-34 designating ,,Zoning Ordinance of the City of Dubuque" so as to classify the en- tire area bounded by West Third Street, Burch Street, and Hill Street into Multiple Residence Dis- trict Classification, said ordinance having been passed upon first read- ing on February 24th, 1947, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented for final adop- tion. ORDINANCE NO. 5-47 An Ordinance amending and chang- ing the Zoning map of the City of Dubuque as provided by Ordinance No, 3-34 designating "Zoning Ordi- nance of the City of Dubuque' so as to classify the entire area bounded by West Third Street, Burch Street, and Hill Street into Multiple Resi- dence District Classification." Whereas it is deemed advisable t,y the City Council to amend the Zoning map of the City of Dubuque as pro- vided by Ordinance No. 3-34 designat- ed as "Zoning Ordinance of the City of Dubuque," so as to classify the entire area bounded by West Third Street, Burch Street and Hill Street Into Multiple residence District and Classification. Whereas. Notice of such proposed change has been published as pro- vided by law, and an opportunity given to any and all interested parties and citizens to object thereto, and Whereas, no objections .rave be -n flied or made to the proposed change at said hearing. Now, therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be and the same is hereby amended and changed as follows: "That the entire area bounded by West Third Street, Burch Street, and Hill Street, is hereby made and classi- fied as Multiple Residence District. Sec. 2. That any and all Ordi- nances, or parts of Ordinances, in conflict herewith are hereby repealed, Sec. 3. This Ordinance shall he In force and effect ten days from and after its final passage, adollion and publication as provided by law -1 Passed upon first reading this 2W day of February, 1947. Passed, adopted and approved upor final reading this 3rd day of March 1947. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Attest: Councilmen. J. J. Shea, City Clerk. Published officially in The Tele graph -Herald newspaper this 5th da; of March, 19.17. I ,I. SHEA, 3-5-1t City Clerk. Councilman Murphy moved that he adoption of the ordinance. Sec- mded by Councilman Moffatt Car- -led by the following vote: Yeas—Mayor Wharton, Council - nen Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 6-47 An ordinance providing for the vacation of part of Booth Street North of Martha Street next adjoin- ing Lot 1 of 1, Lot 1 of 1 of 2 and Lot L of 2 of 2, of Trenks Sub., and for the conveyance of parts of said Street to the respective abutting Dwners, said ordinance having been passed upon first reading on February 24th, 1947, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented for final adoption. ORDINANCE NO. 6-47 AN ORDINANCE PROVIDING FOR THE VACATION OF PART OF BOOTH STREET NORTH OF MARTHA STREET NEXT AD- JOINING LOT I OF I, LOT I OF I OF 2 AND LOT I OF 2 OF 2, OF TRENKS SUB, AND FOR THE CONVEYANCE OF PARTS OF SAID STRET TO THE RES T VE ABBE TT NG OWNERS: DC Whereas, application has been flied for the vacation of certain parts of Booth Whereas, et the apartlnof o her street asked to be vacated is not within the confines of Booth Street as it now exists, and Whereas, that part of Booth Street asked to be vacated is not suitable for street or public purposes, and the vacation of that part requested to be vacated will not injure, damage or interfere with the use of or accessa- bility to any privateproperty, and Whereas, the Planning and Zoning Commission of Dubuque have ex- amined into the matter of the va- cation of a said part of Booth Street in question, and have recommended the approval thereof. NOW THEREFORE, BE IT OR- DAINED BY HE CITY COUNCIL OF DUBUQUE: Sec. 1. That Booth Street, imme- diately north of Martha Street, next adjoining Lot 1 of 2 of 2; Lot 1 of 1 of 2, and Lot 1 of 1 of Trenk's Sub- division as and the on a the Fametisfherea property. be, by vacated, Sec. 2 That the Mayor and Clerk of the City of Dubuque, be and they are hereiiy authohrized and em- powered to execute anddeliver deed half of the City. Qil to Charlotte M. Offerman of Lot 2 of Sub of Lot 1 of 1 o' 2, and t 2 f Sub of Lot 1 of 1, Subdi- vision, as shown by a d to Plat 'thdated Jan- of uary 27, 1947; an Lot 1 of 2 of 2 Trenk's Sub, a Sub of l Lot I of I of e2lTrenks SubLot 2 , Dubuque, Iowa. Sec. 3 That the City Clerk be, and he is hereby directed to file and re- 3. Regular Session, March 3rd, 1947 cord a certified copy of this ordinance in Re - the Office of the County ow. corder of Dubuque County, Sec. 4. That this Ordinance shall be in force and effect upon its final passage, adoption and approval by the City Council and publication as by law provided, and when Applicant files Plat of Property involved, pays costs of publication hereof. Passed upon first reading, February 24th 1947. Passed, adopted and h 3rapproved upon final reading, 1947. ALBERT WHARTONMayor FRANK VAN DUELMAN F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Attest: Councilmen J. J. Shea City Clerk Published officially in The Tele- graph-Herald ,194 aMar hr7 newspaper this 6th day J. J. SHEA City Clerk 3-b It Councilman Moffatt moved the adoption of the ordinance. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Council Proceedings for the month of December, 1946, presented for approval. Councilman Thomp- son moved that the Council Pro- ceedings for the month of Decem- ber, 1946, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. February 28, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentleman: This is to advise that I have approved the following bonds and desire your approval on same for filing: EXCAVATION Louis Buechel Bond No. 4387314 1043 Main Street Fidelity & Desposit Co. Key City Gas Company The Fidelity & Casualty Co. 669 Main Street Bond No. 736673 Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Moffatt moved that the bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 3, 1947. To the Honorable Mayor, and City Council. Gentlemen: As you know, the first assign- ment given our planning consul- tant was the matter of planning the development of the Eastern Industrial Area of the city. After various studies extending over a period of several months, Mr. Hart- zog's recommendations have been made to the Planning and Zoning Commission in the attached report. At a meeting held February 27, 1947 this report was approved by the Commission and its acceptance as an amendment to the Master Plan of the City is hereby recom- mended to your honorable body as the basis for the future de- velopment of the East Industrial Area. Respectfully submitted, Planning and Zoning Commission By R. V. McKay, Secretary Councilman Thompson moved that the communication of the Plan- ning and Zoning Commission to- gether with the report and reco- mmendations of Mr. Hartzog, Plan- ning Consultant, be referred to the Council for consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 3, 1947 To the Honorable Mayor and City Council. Gentlemen: The attached petition of the Du- buque Packing Company asking for the vacation of certain streets and alleys in the East Industrial Area was referred to the Planning and Zoning Commission for recommen- dation and report. A great deal of the time and attention of our con- sultant, Justin Hartzog, has been used in the study of the problem. The Commission has devoted a number of meetings to the subject and several conferences have been Regular Session, March 3rd, 1947 35 had with the representatives of the Packing Company. Agreement has not been reached with the Packing Company repre- sentatives. However the Commis- sion has attempted to meet the requirements of industry while at the same time safeguard the public interest. It is to be noted that the Hartzog report and the attached plan "B" contemplates the use of a widened Ash Street instead of Lynn Street, which was the first choice for a north -south thorough- fare. This compromise was made in order to assist the Packing Company development. To implement the plan for the development of the area, the Plan- ning and Zoning Commission re- spectfully recommends to- your honorable body the vacation of the following: 1. East 17th Street as follows: From the east line of Sycamore Street to the west line of Lynn Street; from the east line of Lynn Street to a point 36 feet west of the west line of Ash Street; from the east line of Ash Street to the easterly line of East Dubuque Sub- division. 2. East 18th Street from the east line of Lynn Street to a point 36 feet west of the west line of Ash Street and from the east line of Ash Street to the east line of East Dubuque Subdivision. 3. Lynn Street from the north line of E 15th Street to the south line of E. 16th Street. 4. The easterly 32 feet of Lynn Street from the north line of E. 16th Street to the south line of E. 18th Street. 5. Marsh Street from the north line of E. 16th Street to the south line of East 19th Street. 6. 'Hickory Street from the north line of E. 16th Street to the south line of East 19th Street. 7. The alley between Sycamore and Lynn Streets from the north line of E. 15th Street to the south line of E. 16th Street and from the north line of E. 16th Street to the south line of E. 17th Street. 8. The alley between Lynn and Ash Streets from the north line of East 15th Street to the south line of E. 16th Street and from the north line of East 16th Street t( the south line of East 19th Street 9. The alley between Ash and Harsh Streets from the north line )f East 15th Street to the south ine of East 16th Street and from the north line of E. 16th Street to the south line of E. 19th Street. 10. The alley between Marsh ind Hickory Streets from the north line of E. 16th Street to the south line of E. 19th Street. It is further recommended that the vacated portion of the streets and alleys as outlined above and as shown on the attached plat be conveyed to the Dubuque Packing Company upon the conveyance to the City of Dubuque of a strip of land 36 feet in width adjacent to and abutting on the west side of Ash Street from the north line of East 15th Street to the south line of East 19th Street. Respectfully submitted, Planning and Zoning Commission By R. V. McKay, Secretary Councilman Murphy moved that the communication of the Planning and Zoning Commission be referred to the Council for consideration. Seconded by Councilman Thomp. son. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 3, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted for your consideration are the following ap- plications for Class "B" Beer Per- mits: Anthony W. Moes and Donald C. Moes, 698 Central Avenue. John Glynn and Helen Glynn, 659 Central Avenue. John E. Noel and June Noel, 2400 Central Avenue. Hurry A. Rawson and Grace Rawson, 342 Main Street. Mrs. Florence Helmer, 3203 Jack- son Street. Inspections were made at the locations listed above and the build- ings are lacking the required stair- way facilities for proper exit from the upper stories. An inspection was also made by a representative of the State Fire Marshall's office 36 Regular Session, March 3rd, 1947 and subsequent orders were issued for compliance with the State Laws. Realizing that under exist- ing conditions the past few months materials were not readily avail- able to enable compliance in all cases, the above applications are being approved by this office to give the owners a reasonable time to acquire the necessary materials and labor to install proper facilities to give the occupants of these buildings the protection and sense of security they are certainly en- titled to by law. We do and will expect the owners of the above buildings to have made a deter- mined effort to accomplish the above mentioned improvements by the time applications will be again up for approval. Respectfully submitted, Donald J. Bandy, Building Inspector. Councilman Murphy moved that the communication of Building In- spector Bandy be received and made a matter of record. Seconded by Councilman Van Duelman. Car-- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 16-47 Whereas, applications for Class "B" Beer Permits have been sub- mitted 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Anthony W. Moes and Donald C. Moes, 698 Central Avenue. John Glynn and Helen Glynn, 659 Central Avenue. John E. Noel and June Noel, 2400 Central Avenue. Harry A. Rawson and Grace Raw- son, 342 Main Street Mrs. Florence Helmer, 3203 Jack- son Street. Passed, adopted and approved this 3rd day of March, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 17-47 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected 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 di- rected to issue to the following named applicants a Beer Permit. Class "B" Permit Name Address Anthony W. Moes and Donald C. Moes, 698 Central Avenue. John Glynn and Helen Glynn, 659 Central Avenue. John E. Noel and June Noel, 2400 Central Avenue. Harry A. Rawson and Grace Raw- son, 342 Main Street Mrs. Florence Helmer, 3203 Jack- son 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 March, 1947. Approved: ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Regular Session, March 3rd, 1947 37 Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays --None. Resolution No. 1847 Whereas, applications for Class "B" Beer Permits have been sub- mitted 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Resolution No. 19.47 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Mana- ger be and he is hereby directed to issue to the following named applicants a Beer Permit. Class "B" Permit Name Address George J. Zillig, 234 West 9th Street. American Veterans of World War II, Dubuque Post No. 3, 429 Main Street. Melvin McDonough, 305 Eighth Avenue. Mrs. Anna Heiar, 1900 Washing- ton Street. Erwin M. Grab and Helen Grab, 1575 Central Avenue, Charles Clancy and Marie Clancy, 177 Main Street. Roy A. Wright and Esther Wright, 2600 Jackson Street. Merchants Hotel (R o g e r M. Bertsch), 310 Main Street. Sylvester Weiner and Dolores Weiner, 201 East 22nd Street. Class "B" Permit for Private Club Dr. Pepper Bowling Lanes Club, 880 Locust Street. Passed, adopted and approved this 3rd day of March, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Class "B" Permit Name Address Myrtle A. Chapman, 53 West 12th Street. George J. Zillig, 234 West 9th Street. American Veterans of World War II, Dubuque Post No. 3, 429 Main Street. Melvin McDonough, 305 Eighth Avenue. Mrs. Anna Heiar, 1900 Washing- ton Street. Erwin M. Grab and Helen Grab, 1575 Central Avenue Charles Clancy and Marie Clancy, 177 Main Street. Roy A. Wright and Esther Wright, 2600 Jackson Street. Merchants Hotel (R o g e r M. Bertsch), 310 Main Street. Sylvester Weiner and Dolores Weiner; 201 East 22nd Street. Class "B" Permit for Private Club Dr. Pepper Bowling Lanes Club, 880 Locust Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of March, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the following vote: 38 Rcgular Session, March 3rd, 1947 Yeas—Mayor Wharton, men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. City solicitor Kintzinger submitt- ed a verbal report recommending that the Mayor be authorized to execute on behalf of the City of Dubuque the Lease between the City of Dubuque and the United States of America for the purpose of Naval Reserve Armory to be located on Lots 340, 341, 342, 343 and the abutting alley all in Ham's Addition consisting of 0.85 of an acre. Councilman Murphy moved that the verbal recommendation of City Solicitor Kintzinger be ap- proved and the Mayor authorized to execute said Lease on behalf of the City of Dubuque. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. Shea, City Clerk. Approved 1947. Adopted 1947. Councilmen: Attest: ... ip......... ......... City Clerk. Special Session, March 14th, 1947 39 City Council (Official.) Special Session, March 14th, 1947. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Murphy and Moffatt. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- sidering an ordinance relating to traffic and regulating the use of public streets in the City of Du- buque, Iowa; prescribing regula- tions relative to the parking of vehicles upon such streets; pro- viding for purchase, rental, instal- lation, operation, maintenance, su- pervision, Regulation and control of the use of parking meters; de- fining and providing for the estab- lishment of parking zones upon the public streets and for an enforce- ment thereof and providing penal- ties for the violation thereof and acting on any other business as may properly come before a regu- lar meeting of the City Council. Ordinance No. 7.47 An ordinance relating to traffic and regulating the use of public streets in the City of Dubuque, Iowa; prescribing regulations rela- tive to the parking of vehicles upon such streets; providing for pur- chase, rental, installation, opera- tion, maintenance, supervision, reg- ulation and control of the use of parking meters; defining and pro- viding for the establishment of parking meter zones upon the pub- lic streets and for an enforce- ment thereof and providing pen- alties for the violation there. of, presented and read. Coun- cilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- Ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt, Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Mr. Fred Parks, manager of the Parks Air Service, addressed the Council reviewing his company's plans for operation of airplane service at the Municipal Airport and advised the City Council that his company proposes to run two round-trip flights daily but that it was still uncertain when operations on its feeder lines will begin as only two cities on this route now have available air fields and that the CAB presumably will permit start of operations on the Chicago - Sioux City feeder lines as soon as one more city provides adequate landing facilities. Original Notice of Suit of Minnie Magana in the sum of $7,500.00 for injuries sustained in a fall on an icy and defective sidewalk abutting the premises known as 490 Alpine Street, presented and read. Council- man Murphy moved that the Origi- nal Notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Council- man Van Duelman. Carried by the following vote: 40 Special Session, March 14th, 1947 Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Notice of Claim of Mae A. Krayer In an unstated amount for injuries received in a fall on icy alley crossing on 15th Street, south of Main Street, presented and read. Councilman Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Notice of Claim of Thomas B. Roshek in the amount of $269.26 for property damage to his airplane because of negligent maintenance by the City of Dubuque of the run- ways at Island Airport, Dubuque, Iowa, presented and read. Council- man Thompson moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Notice of Claim of Barney Smith in the amount of $1,500.00 for in- juries received in a fall on an icy crosswalk in the 1200 block on Rush Street, presented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Notice of Claim of Mrs. Anna Smith in the amount of $5,000.00 for injuries received in a fall on an icy sidewalk on the easterly side of Kneist Street near the northeast corner of Kneist Street and Rhomberg Avenue, presented and read Councilman Moffatt moved that the Notice of Claim be referred to the City Solicitor for Investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Notice of Claim of Paul Bardrick in the amount of $1,300.00 for damages to his property, known as Lots 32 and 33 in Hillcrest, due to a sewer project adjoining his lots in Hillcrest Addition, presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investiga. tion and report. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Major General Philip B. Fleming, U.S.A. General Chairman, The President's Confer- ence on Fire Prevention, extending invitation to the Mayor to attend the National Conference on Fire Prevention to be held in Washing- ton on May 6, 7 and 8 of this year, presented and read. Councilman Van Duelman moved that the com- munication be referred to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Robert Grant and Edgar Dykeman requesting permis- sion to lease from the City of Du- buque the property located at the corner of Hawthorne Street and Rhomberg Avenue for a removable Drive -In and Sandwich Shop, pre- sented and read. Councilman Mur- phy moved that the petition be re- ferred to the City Manager and Superintendent of the Water De- partment for their recommendation and report. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Special. Session, March 14th, 1947 41 Communication of Max A. Con- rad, Secretary -League of Iowa Municipalities, asking the City Council to contact the representa. tives of Dubuque County for their support of H.J.R. 6 and Enabling Act provding for the appointment of a state building code council to prepare a modern and uniform building code for Iowa, presented and read. Councilman Thompson moved that the request be complied with and the City Clerk instructed to advise the Representatives of Dubuque County of the action of the City Council in approving and recommending t h e passage of H.J.R. Bill 6. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of A. W. Lindeke request- ing permission to erect a six room General Timber Service, Inc. Fab- ricated Panel House to be located on Bradley Street, presented and read. Councilman Murphy moved that the request be granted. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Charles J. Wilson Company Chicago, Illinois March 10, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: It is requested that the attached assignment of the Wooten Street Contract and the agreement by and between Vincent Kobida d/b/a Grey's Motor Service and Charles J. Wilson Company be approved by your honorable body. We further petition you to grant an additional extension of time until April 16, 1947 to complete the contract for the cleaning, grubbing and grading of Wooten Street from McClain Street to the west line of James Street. The requested time is necessary in order that we may bring in prop- er scraper equipment to handle this type of grading. Your favorable consideration of the foregoing requests will be greatly appreciated. Respectfully submitted, Charles J. Wilson Company By Edmund J. Machay Councilman Murphy moved that the Assignment and Agreement be approved and the City Manager authorized to execute the Agree- ment upon the filing of a properly executed Performance Bond by the Charles J. Wilson Company. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. A RESOLUTION EXTENDING TIME TO CONTRACTOR Resolution No. 20.47 Whereas, on the 23rd day of Jan- uary, 1947 a contract was made and entered into by and between Vin- cent Kobida d/b/a Grey's Motor Service and the City of Dubuque, Iowa, whereby said Vincent Kobida d/b/a Grey's Motor Service con- tracted and agreed to do the fol- lowing work in said City, to -wit: Clear, grub and grade Wooten Street from McClain Street to the west line of James and Peabody Streets; and Whereas, The City Council on February 24, 1947 by Resolution No. 12.47 granted an extension of time until March 16, 1947; and Whereas, Vincent Kobida d/b/a Grey's Motor Service has now en- tered into an agreement with Charles J. Wilson Company for the completion of the above work con- tingent upon a further extension of time until April 16, 1947; and Whereas, it appears to this Coun- cil to be necessary to grant Charles J. Wilson Company additional time to obtain proper equipment and thus complete the above outlined work; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that said Charles J. Wilson Com- pany, the above named contractor, be, and he is hereby granted until April 16, 1947 in which to complete said work, this extension of time being conditioned that said contrac. tor shall and will adhere to said contract and that said contractor 42 Special Session, March 14th, 1947 shall within seven (7) days from the date of passage of this resolu. tion, will accept in writing the terms and conditions hereof on his part. Passed, adopted and approved this 14th day of March, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO, R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried ty the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Council Proceedings f o r t h e month of January, 1947, presented for approval. Councilman Murphy moved that the Council Proceedings for the month of January, 1947 be approved as printed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Communication of Chief of Police Strub recommending that a "No Turn" provision at Eighth and Main Streets be embodied in the Traffic Code and Ordinance of the City of Dubuque, presented and read. Councilman Thompson moved that the recommendation of Chief of Police Strub be approved and the City Solicitor instructed to pre- pare an amendment to the Traffic Code and Ordinance as recommend- ed by Chief of Police Strub. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Moffatt moved that City Manager Rhomberg be In- structed to confer with the officials Of the Interstate Power Company in regard to a change in the routing of the East Dubuque bus and that the City Solicitor be directed to pre- pare an amendment to the Bus Route Ordinance upon receipt of the report of the City Manager. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 12, 1947 Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemen: With reference to the claim of Eldon B. Digman, which was referred to me for in- vestigation and report, on February 6, 1947, while Claimant's new 1946 Plymouth was parked between Seventh and Eighth Streets on Bluff, a City grader plowing snow, threw some heavy chunks of pack- ed ice which dented and scratched the left rear fender of the car, and the doors on the left side were scratched causing Digman damage in the sum of $12.00. I recommend that the Claim be paid, and a warrant be issued to said Eldon B. Digman in the amount of $12.00, and the same be delivered to him upon delivery to the City of a release properly executed. Yours truly, JOHN J. KINTZINGER Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $12.00 in favor of Eldon B. Digman, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 7, 1947 Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Referring to the at- tached petition of Charles J. Boyer and Julius J. Boyer, the Planning and Zoning Commission respectful- ly recommends denial of the peti- Special Session, March 14th, 1947 43 tion. The request is for rezoning of a single piece of property which is illegal and the petition is signed only by the interested parties. This is a modest but fast im- proving residential area, which the Commission feels is entitled to pro- tection just as is any other resi- dential district. At present, it would seem that there is no gen- eral need for the facilities of a Local Business District in this sec. tion. Yours truly, DUBUQUE PLANNING & ZON- ING COMMISSION R. V. McKay, Secretary Councilman Thompson moved that the communication of the Planning and Zoning Commission be referred to the City Council for further consideration. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 7, 1947. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The attached peti- tion of Leo F. Bly is hereby re- turned to your honorable body with- out action. After a discussion of the matter with Mr. Bly and his Attorney, he decided to withdraw his petition. Therefore, the Planning and Zon- ing Commission recommends that Mr. Bly be allowed to withdraw his petition without prejudices. Yours truly, DUBUQUE PLANNING & ZON- ING COMMISSION R. V. McKay, Secretary. Councilman Moffatt moved that the recommendation of the Plan• ning and Zoning Commission be re, ceived and made a matter of rec. ord. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas --Mayor Wharton, Council men Moffatt, Murphy, Thompson Van Duelman. Nays—None. March 7, 1947. Co the Honorable Mayor wd City Council Dubuque, Iowa. Gentlemen: The Planning and boning Commission respectfully re- ,ommends to your honorable body tenial of the petition of Mrs. Celia Ellis et. al. Discussing her de- sires with Mrs. Ellis, the Commis- sion learned that she wished to add a room to her home to make room for herself as well as a mar- ried G. I. son. She may do this without rezoning, and since there Is no apparent general need for rezoning in this area, the above action is recommended. Yours truly, DUBUQUE PLANNING & ZON- ING COMMISSION R. V. McKay, Secretary. Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 7, 1947, To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: The Planning and Zoning Commission respectfully re- commends to your honorable body denial of the petition of Nicholas Grommersch, as it is the sentiment of the Commission that there is no public benefit to be gained, and a 15 foot wide extension of Sabula St. as suggested would be insuf- ficient to prevent a serious traffic hazard. Yours truly, DUBUQUE PLANNING & ZON- ING COMMISSION R. V. McKay, Secretary. Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. 44 Special Session, March 14th, 1947 March 7, 1947. To the Honorable Mayor and City Council Gentlemen: Referring to the pe- tition of Earle J. Sowle requesting vacation of that part of National Street west of the west line of Keokuk St., the Planning and Zon- ing Commission respectfuly recom- mends granting of the petition. This part of National Street is a dead end street with the ownership of property on all three sides held by Mr. Sowle. Hence, there is no apparent future need for the City to hold same. Yours truly, DUBUQUE PLANNING & ZON- ING COMMISSION R. V. McKay, Secretary. Councilman Van Duelman moved that the communication of the Planning and Zoning Commission be referred to the City Council for future consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 14, 1947. To the Honorable Mayor and City Council Gentlemen: At the session of the City Council held January 15, 1947, the offer of $150.00 made by E. T. Frith for Lots 116, 117, 118 and 119 of Ham's Addition and the offer of $500.00 made by Joseph C. Huber for Lots 4, 5 and 6 of Cush- ing's Addition were referred to the Council to view the grounds. The Council examined the pro- perties on March 9th and decided to accept the offers. I recommend that the decisions of the Council be confirmed by the adoption of the attached resolutions. Respectfully submitted, A. A. RHOMBERG, City Manager Resolution No. 21-47 Be It Resolved by the City Coun. cil of the City of Dubuque, Iowa, that it is deemed advisable io sell Lots 116, 117, 118 and 119 of Ham's Addition in the City of Dubuque, Iowa, to E. T. Frith for the sum of One Hundred Fifty and no/100 ($150.00) Dollars and to execute a quit claim deed of said premises to said grantee and to deliver the same to him upon the payment of said purchase price. Be It Further Resolved that the Mayor and Clerk of said City of Dubuque be, and they are hereby authorized to execute said deed on behalf of the City of Dubuque and to affix thereto the official seal of said City. Passed, adopted and approved this 14th day of March, 1947. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, 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 Wharton, Council men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 22-47 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that it is deemed advisable to sell Lots 4, 5 :and 6 of Cushing's Addi- tion in the City of Dubuque, Iowa to Joseph C. Huber for the sum of Five Hundred and no/100 ($500.00) Dollars and to execute a quit claim deed of said premises to said gran- tee and to deliver the same to him upon the payment of said purchase price. Be It Further Resolved that the Mayor and Clerk of said City of Dubuque, Iowa, be, and they are hereby authorized to execute said deed on behalf of the City of Du- buque and to affix thereto the official seal of said City. Special Session, March 14th, 1947 45 Passed, adopted and approved this 14th day of March, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. The Council having visited the property on March 9th, decided to accept the offer. I recommend that the action of the Council be con. firmed by the adoption of the at. tached resolution. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 14, 1947 To the Honorable Mayor and City Council Gentlemen: At the session of the Council held March 3, 1947 the communication of Dubuque County regarding the offer of $250.00 made by Arnold J. Leytem for the West 100 feet of Lots 5 and 6 of Jaeger's Subdivi- sion was referred to the Council to view the grounds. The Council having viewed the premises on March 9th decided to reject the offer, I recommend that the decision of the Council be con- firmed and the Board of Supervis- ors notified of the action. Respectfully submitted, A. A. Rhomberg. City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved and the Board of Supervisors to be notified of Council action. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 14, 1947 To the Honorable Mayor and City Council Gentlemen: At the session of the Council held March 3, 1947 the offer of $100.00 made by Frank and Magda- lena Buol for Lot 1 of 1 of Me- Craney's 1st Addition was referred to the Council to view the grounds. Resolution No. 23-47 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that it be deemed advisible to sell Lot 1 of 1 of McCraney's 1st Ad- dition in the City of Dubuque, Iowa except the portion owned by the C.M. St. P. & P. Railroad Company, to Frank and Magdalena Buol for the sum of One Hundred and no/100 ($100.00) Dollars and to execute a quit claim deed of said premises to said grantee and deliver the same to him upon the payment of said purchase price. Be It Further Resolved that the Mayor and Clerk of said City of Dubuque, be, and they are hereby authorized to execute said deed on behalf of the City of Dubuque and to affix thereto the official seal of said City. Passed, adopted and approved this 14th day of March, 1947. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Resolution No. 24.47 Whereas, the City Council of the City of Dubuque is faced with the 46 Special Session, March 14th, 1947 necessity of increasing personnel and increasing wages and salaries of city employees; and Whereas, the increasing of per- sonnel and of wages and salaries will require an amendment of the Budget Estimate of Expenditures for the fiscal year beginning April 1, 1947 and ending March 31, 1948 by changing the following esti- mated expenditures: Consolidated Fund from $548,- 128.00 to $569,838.00. Fire Maintenance Fund from $156,706.00 to $167,996.00, and Whereas, the amounts of these increases will be paid from the municipality's share of the revenues from state liquor store sales in the amount of $21,710.00 to the Con- solidated Fund and in the amount of $11,290.00 to the Fire Mainte- nance Fund, and Whereas, the increased expendi- tures contemplated will involve no increases of taxation; now there- fore, Be It Resolved by the City Coun- cil of the City of Dubuque that the City Clek be and he is hereby di- rected to cause to be published in the official newspaper of this city at least once, a notice of the time and place of hearing on the pro- posal to Amend the Budget Esti- mate of Expenditures, said notice to be published at least ten days before the hearing. Be It Further Resolved that the City Council meet on the 28th day of March, 1947 at 7:30 o'clock P.M. in the Council Chamber in the City Hall of the City of Dubuque, Iowa for the purpose of conducting a hearing on the proposal to Amend the Budget Estimate of Expendi- tures as aforesaid, at which time any interested person or persons will be given a full opportunity to be heard upon any objections or Protests thereto. Passed, adopted and approved this 14th day of March, 1947. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car. ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Resolution No. 25-47 Resolution and application for permanent transfer of funds. Whereas, during the current year Improvement Bonds in the amount of $40,000.00 matured and Improve- ment Bond Interest in the amount of $881.25 became due and payable; and Whereas, there is now in the hands of the City Treasurer and credited to the Water Works Gene- ral Fund the sum of $137,882.04, and Whereas, No water works bonds are outstanding and therefore the requirements of Section 397.38 of the Code of Iowa have been fully met; and Whereas, In order to provide for the payment of the obligations it is necessary to make a transfer of $15,000.00 from Water Works Gene- ral Fund to the Consolidated Fund which embraces the Improvement 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 Coun- cil 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 Con- solidated Fund the sum of $15,000.00 and the State Comptroller is hereby petitioned to authorize and approve such transfer; and Be It Further Resolved that upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Treas- urer of such transfer and such noti- fication shall be accompanied by a copy of this resolution and the record of its adoption. T h e resolution w a s passed, adopted and approved by unani- mous action of the City Council on Special Session, March 14th, 1947 47 the 14th day of March, 1947 and all members thereof signed their names thereto. ALBERT WHARTON Mayor FRANK VAN DUELMAN F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. March 14, 1947 To the Honorable Mayor anrd City Council Gentlemen: Pursuant to your instruction I have investigated the field of avia- tion consulting service on the fur- ther development, operation and maintenance of the municipal air- port. Attached hereto is the pro- posal of Aviation Services Company of Minneapolis together with form of contract for furnishing such con- sulting service. I recommend that the City of Dubuque enter into the contract with the above company. Hereto attached are the necessary pro- ceedings. Since the C.A.A. will shortly contract for the lighting, seeding and fencing of the airport and thus provide for the completion of the current program the need for action in the matter is apparent. Respectfully submitted, A. A. Rhomberg City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council. men Moffatt, Murphy, Thompson Van Duelman. Nays—None. Resolution No. 26.47 Be It Resolved by the City Coun cil of the City of Dubuque, Iow, that the Mayor and Clerk of saic city, be, and they are hereby author ized to enter into contract with Aviation Services Company for the furnishing of aviation consulting service in the development, manage- ment and maintenance of the mu. nicpal airport in accordance with the terms of the Contract attached hereto and made a part hereof. Approved and placed on file for public inspection for a period of at least one week this 14th day of March, 1947. Councilman Murphy moved that the resolution be approved and to- gether with the Contract be placed on file for public inspection for a period of at least one week. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Councilman Thompson moved that the City Engineer be instructed to prepare Profiles showing the proposed grades on Tressa Street and Esther Street Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. J. J. Shea. City Clerk. Approved.)L. . �..� 1947 �a J.'- J.... 1947 Councilmen: Attest: ...... .. City Clerk. }" Special Session, March 21st, 1947 City Council (OFFICIAL) Special Session, March 21st, 1947. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, Van Duelman, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- sidering for final adoption Ordi- nance No. 7.47. An Ordinance re- lating to traffic and regulating the use of public streets in the City of Dubuque, Iowa; Prescribing regu- lations relative to the parking of vehicles upon such streets; Provid- ing for purchase, rental, installa- tion, operation, maintenance, super- visidn, regulation and control of the use of parking meters; Defin- ing and providing for the establish- ment of parking meter zones upon the public streets and for an en- forcement thereof and providing penalties for the violation thereof and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Ordinance No. 7-47 An Ordinance relating to traffic and regulating the use of public Streets in the City of Dubuque, Iowa; Prescribing regulations rela- tive to the parking of vehicles upon such streets; Providing for pur- chase, rental, installation, opera- tion, maintenance, supervision, reg- ulaton and control of the use of Parking meters; Defining and pro- viding for the establishment of parking meter zones upon the pub. lic streets and for an enforcement thereof and providing penalties for the violation thereof, said ordinance having been passed upon first read- ing on March 14th, 1947, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 7.47 AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF PUBLIC STREETS IN THE CITY OF DUBUQUE, IOWA; PRESCRIBING REGULA- TIONS RELATIVE TO THE PARKING OF VEHICLES UPON SUCH STREETS; PROVIDING FOR PURCHASE, RENTAL, IN- STALLATION, O P E R A T 10 N. MAINTENANCE, SUPERVISION, REGULATION AND CONTROL OF THE USE OF PARKING METERS; DEFINING AND PROVIDING FOR T H E ESTABLISHMENT OF PARKING METER ZONES UPON THE PUBLIC STREETS AND FOR AN ENFORCEMENT THEROF AND PROVIDING PENALTIES FOR THE VIOLATION THEROF. WHEREAS, because of traffic con- ditions that have existed in certain sections of the City of Dubuque, the free movement of traffic in those sections is, and has been, impeded for a long period of time; and WHEREAS, attempts to regulate the parking in the said areas have not been as successful as is desir- able; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY DU- BUQUE, IOWA, that: SECTION 1, Definitions. Whenever the following terms are used in this Ordinance they shall have the mean- ing respectively ascribed to them in this section: STREET. Every way set apart for public travel, except alleyways. bridle paths, and foot paths. ROADWAY. That portion of a street between the regularly established curb lines, SIDEWALK. That portion of a street between the curb lines and the adjacent property lines. VEHICLE. Any device by which any person or property may be trans- ported upon a public highway, ex - cent those operated upon rails and permanent tracks. PARKING METER. A mechanical device located upon a public street or sidewalk in a place regularly de- signed as a parking zone as herein after defined, which device shall record a certain number of min- utes by the use of a clock mech- anism determining the period of time for which parking privileges may be extended to the person so depositing such coin. PARKING METER ZONES. A cer- tain designated and marked off sec- tion of the public street within the marked boundaries where the vehicle may be temporarily parked Special Session, March 21st, 1947 49 and allowed to remain for such per- iod of time as the parking meter attached thereto may indicate. SECTION 2. The following portdions of Streets are hereby establisheas parking meter zones: Main Street, from the intersection of Fifth and Main streets, to 10th and Main Streets, Locust Street, on the easterly side thereof from the intersection of Fifth and Locust Street to 10th and Locust Streets, and on the west side thereof from the inter- section at Seventh and Locust Streets to Ninth and Locust Streets. Fifth Street, on the northerly side thereof, from the alley between Main and Locust Streets to the al- ley between Main and Iowa Streets, Sixth Street, from Sixth and Lo- cust Streets to Sixth and Iowa Streets, Seventh Street, from Seventh and Locust Streets to Seventh and Iowa. Eighth Street, from Eighth and Locust streets to Eighth and Iowa streets. Ninth Street, from Ninth and Lo- cust streets to Ninth and Iowa streets. Tenth Street, on the southerly side thereof, from Tenth and Locust Streets to Tenth and Iowa streets. SECTION 3, The City Manager is hereby authorized and directed to install parking meters in all parking meter zones hereby established, or hereinafter established, by the City Council of the City of Dubuque, Iowa for the purpose of, and in such numbers, and at such places as may be necessary to the regulation, con- trol, and inspection of the parking of vehicles therein including the res- ervation of loading zones for com- mercial vehicles. SECTION 4. Parking meters instal- led in parking meter zones shall be installed upon the curb immediately adjacent to the individual parking spaces hereinafter described, and each parking meter shall be so con- structed and adjusted as to show, when properly operated, a signal that the space adjacent to which it is in- stalled is or is not legally in use. Each parking meter installed shall indicate by a proper legend the legal parking time established by the City and when operated shall indicate on and by its dial and pointer the dura- tion of the period of legal parking and on the expiration of such period, shall indicate illegal or over park- ing. SECTION 5, The City Manager shall have lines or markings painted upon the curb or upon the street ad- jacent to each parking meter desig- nating the parking space for which said meter Is to be used, and each vehicle parked adjacent to any park- ing meter shall park within said lines or markings. It shall be unlaw- ful to park any vehicle across any such line or marking or to park said vehicle in such position that the same shall not be entirely within the space designated by such lines or marking. SECTION 6, It shall be unlawful for any person to cause, allow, per- mit, or suffer any vehicle registered In his name, or operated or control- led by him, to be upon any street Within a parking meter zone in any apace adjacent to which a parking rneter is installed for the time dur- ing which the meter is showing a Signal indicating that such , space Is illegally in use, other than such Lime as is necessary to operate the meter to show legal parking, between the hours of 9 o'clock A.M. and 6 o'clock P.M. of any day, except Fri- day, and on Friday the hours shall be from 9 o'clock A.M. to 9 o'clock P.M., Sundays and Holidays excepted. SECTION 6a, It shall be unlawful for any person to cause, allow or Permit any vehicle registered in his name to be parked within a parking meter zone in any one space for long- er than one hour between 9:00 a.m. and 6:00 P.M. of any day except Fri- day and on Friday the hours shall be from 9 o'clock A.M. to 9 o'clock P.M. Sundays and Holidays except- ed. SECTION 7, Parking meters when Installed and properly operated, shall be so adjusted as to show legal parking during a period of twelve minutes upon and after the de- posit of a United States one cent coin, and sixty minutes upon and after the deposit therein of one Unit- ed States five cent coin. SECTION 8. When any vehicle shall be parked in any space adjacent to which a parking meter is located inaccordance with the provisions of this ordinance, the operator of said vehicle shall, upon entering the said parking space, immediately deposit or cause to be deposited a one cent coin or a five cent coin, as described In Section 7 of this ordinance, of the United States, in such parking meter, and put such meter in operation, and failure to deposit such coin or coins and put the meter in operation shall constitute a violation of this ordi- nance, and shall subject such person to the penalty hereinafter prescribed. SECTION 9. It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, device, or metallic substitute for a one cent or a five cent coin of the United States. SECTION 10. It shall be unlawful for any unauthorized person to open, or for any person to deface, injure, tamper with, or willfully break, de- stroy, or impair the usefulness of any parking meter installed pursuant to this ordinance, or to hitch any ani- mals thereto. SECTION 11. It shall be the duty of the police, under the direction of the Chief of Police to keep account of all violations of this ordinance. (a) He shall keep an account of and report the number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking me- eter is or has been parked in vio- lation of any of the provisions of this ordinance, the date and hour of such violation, the make and the state license number of such vehicle, and any other facts a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation. (b) He shall attach to such ve- hicle a Summons card stating that it has been parked in violation of this ordinance, and instructing the owner or operator to report to the 50 Special Session, March 21st, 1947 not DeskSergeant than a8:00 the o'clock A. M ., the following morning in regard to such violation. SECTION 12. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof feshall be punishable by a fine not ng $100.00 and upon failure to pay said fine nexceeding shall ediiit irty days. a period not SECTION 13. The amount of the coins required to be deposited in parking meters as provided herein is hereby prolevied for assessed as a tee the proper tovideregulation, conof pon thetPublic st eets; said id coinstraffic u sol- lected eto be iinto the Con- solldated Fund of the Cityof Du- buque. SECTION 14. It shall be the duty of the City Manager to designate some person or persons to make reg- ular collections of the money deposit- ed in said parking meters, and deliver the nl,)ney theit shall alsoobe t eitdutyeasurerof the City Treasurer, to count the money and place it in a special fund to be known as the "Parking Meter Fund," which fund shall be used for the purposes specified in Section 13. Such person or persons making such collections shall be bonded in the sum of $1000.00 to insure the faithful performance of his or their duties. The premium on the bond shall be paid by the City. SECTION 15. If any section, part of section, sentence, clause, or phrase of this ordinance shall be held to be unconstitutional or invalid, the re- maining provisions hereof shall never- theless remain in full force and effect. SECTION 16. All ordinances or parts of ordinances or resolutions in conflict with the provisions of this ordinance are hereby repealed. SECTION 17. This ordinance shall be in force and effect ten days from and after its final passage, adoption and publication as by law provided. Passed upon first reading this 14th day of March, 1947. Passed, adopted and approved upon final reading this 21st day of March, 1947. ALBERT WHARTON Mayor. FRANK VAN DUELMAN, F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT. Councilmen. Buechele, in an unstated amount for injuries sustained in a fall on an icy sidewalk in front of resi- dence No. 2407 Windsor Avenue, presented and read. Councilman Moffatt moved that the Notice of Claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 25th day of March, 1947. J. J. SHEA, 3-25-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Notice of Claim of John P. Buechele, for his wife Clementine Communication of Dubuque Boys' Club asking that the Mayor sign the attached proclamation designat- ing the week of April 14th through April 20th as Boys' Club Week, presented and read. Councilman Murphy moved that the request be granted and the Mayor authorized to sign the proclamation. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of Joseph and Paul J. Dillon requesting a refund in the amount of $25.00 on their Cigarette Permit No. 164 as they have dis- continued business on March 17, 1947, presented and read. Council- man Van Duelman moved that the request be granted and the City Auditor in, to draw a war rant in the amount of $25.00 in favor of Joseph and Paul J. Dillon to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 164. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays—None. Petition of W. N. Ziepprecht et al requesting the installation of a sanitary sewer to run parallel to Bradley Street from Randall Place to the last house on Bradley Street beyond Whelan Street, presented and read. Councilman Murphy moved that the petition be referred to the City Manager with instruc- tions to have necessary preliminary plans prepared for Council consid- eration. Seconded by Councilman