Loading...
Y Roll_30 Part 1Whereas, 'rne manning anu Loiung Commission of the City of Dubuque took under consider" tion of Jack B. We rezoning the Northe No. 3 and Lots 1 a Sub. No. 2 in the from a Two -Family to a Local Business ported that the chant Family Residence D Industrial District 1 purpose requested; Whereas, The Citi+ own motion, deems r the zoning districts cation of the petitio Lots Nos. 1, 2 and feet of Lot No, 3 No. 2 from a Two - District to a Light I and Whereas, Before may be thus anlende is necessary that a held thereon: Now, Therefore, Be It Resolved by of the, City of Dubu That there should b question of changing and the Northerly 1! 3 of Randall's Sub. N Family Residence D Industrial District, a Clerk, be, and he i; to cause to be publ buque Telegraph -He buque Daily Tribun, hearing to be held upon the proposed c• meat, the date of s hereby fixed at 7:3 11th day of Septen to be held in the in the City Hall, published so as to le (15) days between cation thereof d ler, Thompson, Whartnn. Nnps--Drone. 'P­1,,+i­ 1,,4inn Nn 01-41 an said hearing. Tha parties in interest have an opporhmit} J6 r �GUh�t F. W. THOMPSON, ALBERT WHARTON, n e CrNITF.LLER, ' %,lass is, rermlt tar rrivate l:tun Name Address Luxemberg Club of Dubuque, Iowa, IT«..nefor of nddrras from 1382 Cen- al Ave. iat the be and 'ed this AAN, Mayor. 1, ncilmen. rk. ✓ed the ;econded rried by yor Van , Schuel- ,—None. ddressed ;tpplica- r•tsman s permit t Whar- tter re- te Du - Class Iub be for in- ded by •ied by or Van Schuel- -None. minary ecifica- sched- :or the ,itrified !t from reet to )) feet 210 Special Session, August. 21st, 1941. northerly presented and read.- Coun- cilman Murphy moved the adoption of the resolution. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 98-41. Resolution of Necessity for -the construction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present man- hole in Plum Street to two hundred and eighty (280) feet northerly pre- sented and read. Councilman Mur- phy moved that the resolution be ap- proved and placed on file with the City Clerk for final action. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 99-41. Resolution fixing date of hearing as September 11th, 1941, at which time the owners of property subject to assessment may appear and make objections to the pro- posed plans and specifications, propos- ed form of contract, plat and sched- ule, and cost of construction, also to the passage of the proposed Resolution of Necessity for the construction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present man- hole in Rush Street to two hundred and eighty (280) feet northerly present- ed and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Resolution No. 100-41. Preliminary approval of proposed plans, specifica- tions, form of contract, plat and sched- ule and all other documents for the construction of a six (6) inch vitrified tile sanitary sewer in Fremont Avenue northeasterly from the present man- hole in Coates Street to Lot 2 of 4 of Fremont Avenue Subdivision and southerly to Wartburg Place and in Wartburg Place southerly from Fre- sont Avenue to Lot 1 of 1 of 2 of M. L. 139 presented and read. Council- man Murphy moved the adoption of the resolution. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilme-: Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 101-41. Resolution of Necessity for the construction of a six (6) inch vitrified tile sanitary sewer in Fremont Avenue northeast- erly from the present manhole in Coates Street to Lot 2 of 4 of Fre- mont Avenue Subdivision and souther- ly to Warthurg Place and in Wart- burg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139 presented and read. Councilman Murphy moved that the resolution be approved and placed on file with the City Clerk for final action. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. Resolution No. 102-41. Resolution fixing date of hearing as September 11th, 1941 at which time the owners of property subject to assessment may appear and make objections to the pro- posed plans and specifications, propos- ed form of contract, plat and schedule. and cost of construction, also to the passage of the proposed Resolution of Necessity for the construction of a six (6) inch vitrified the sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub- division and southerly to Wartburg Place and in Wartburg Place souther- ly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139 presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. There being no further business Councilman Tl,ompson moved to ad- journ. Seconded by Councilman Schuel- ler. Carried by the following vote: YeasMayorVan Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. J• J• SHEA, City Clerk. Approved �__ a ---1 941 Adopted6�-_ Q __1941 Attest: City Clerk. tL c4— Regular Session, September 1st, 1941. 211 City Council (official) Regular Session, September 1st, 1941. No members of the Council being present on roll call, the meeting was postponed subject to call. J. J. SHEA, City Clerk. Approved _ L_4 1. Adopted lm_o�ri1941. CouncilmVfi!�L,s...,o. 4'-U QS Attest: _ 1- City Clerk. 212 Adjourned Regular Session, September 2nd, 1941 City Council (Official.) Adjourned Regular Session, Septem- ber 2nd, 1941. Council met at 7:45 P. M. Present—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Mayor Van Duelman stated that this meeting is an adjourned meeting of the regular meeting of September 1st, 1941, for the purpose of acting upon such business as may properly come be- fore a regular meeting of the City Council. Petition of Payson Berg et al, citi- zens and taxpayers of the City of Du- buque with boathouses in the Dubuque Harbor, and citizens and taxpayers of the City of Dubuque who are in sym- pathy with their cause, appealing to the City Council from a ruling of the City Docks Commission which fixes a fee of $1.00 per front foot per annum on all boathouses in the harbor and asking that the fee be fixed at 50 cents per front foot per annum, presented and read. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second- ed by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. Messrs. George Lambert and Emil Deutmeyer addressed the Council in support of the petition and requested the Council to aid the petitioners in having the rental fee reduced from $1.00 per front foot to 50 cents per front foot. Councilman Schueller moved that the petition be referred to the Council for the purpose of holding a meeting with the Dock Board, said meeting to be held at 7 o'clock P. M. on Thursday, September 11th, 1941, on this matter and all interested parties are invited to be present at said meet- ing and the City Manager to be in- structed to contact the Dock Board and request a continuance of the suits now pending. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Mr. Charles Falkenhainer addressed the Council relative to a City Routing being established as an alternate to U. S. Highway No. 20 and that said City Route be routed so that it will pass over Loras Boulevard to Alta Vista Street thence south on Alta Vista Street to University Avenue thence over University Avenue and rejoin Highway 20 at Center Grove. Mr. Fal- kenhainer was informed that upon com- pletion of the new Dubuque and Bast Dubuque Bridge that the Council would then meet with the highway committee of the Chamber of Commerce and rep- resentatives of the Dubuque Automo- bile Club for the purpose of discussing City routes. Mr. Ben Baumhover and Mr. Wil- liam Markey addressed the Council stating that a petition had been filed by them for the construction of a sanitary sewer in Dodge Street from the present manhole in Stetmore Street easterly to a point approximately 90 feet north of the northerly line of Fremont Avenue and stated that they would like to have some information as to what action has been taken on their petition. September 2, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held July 25th, upon re- ceipt of the petition of B. L. Bauin- hover, et al, the Manager was instruct- ed to prepare a plat and schedule show- ing the cost to be assessed against the benefitted property for the construction of a saniary sewer in Dodge Street from the present manhole in Stetmore Street easterly to a point approximately 90 feet north of the northerly line of Fremont Avenue. The plat and schedule were prepared and presented to the Council on Au- gust 21st and the problem of financing the project was discussed. No action was taken pending a determination of whether the property owners would pay in cash, since only $810.00 could be collected on an assessment basis because of the low / assessed valua- tion of the property, against an esti- mated total cost of $1,721.71. I have contacted most of the property owners and find that with the exception of the petitioners, the owners are not able nor willing to pay cash in full. Because this project cannot be properly financed, I recommend that the petition and the attached plat and schedule be received and filed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Communication of W. J. Whalen, Superintendent of the Chicago, Mil- Adjourned Regular Session, September 2nd, 1941 213 waukee, St. Paul and Pacific Railroad Company submitting two copies of a proposed agreement providing for pay- ment by the railroad company of $5,000.00 in full discharge of its obliga- tion to pave Sycamore Street and re- questing execution of said agreement by the City of Dubuque presented and read. Councilman Wharton moved that the City Solicitor be instructed to prepare a proper resolution covering the execution of the agreement by the City of Dubuque. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of Syl McCauley requesting withdrawal of the application of the Dubuque Sportsman's Lodge for a Class "B" beer permit presented and read. Councilman Thompson moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of James A. Saul et at, re- questing the installation of a street light at the intersection of Plum Street and Cleveland Avenue, presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Second- ed by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. instead of the residential district as set out in the zoning ordinance, presented and read. Councilman Murphy moved that the petition be referred to the Chief of Police for investigation and enforce- ment. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of Clarence N. Hocking, et at, requesting the opening and grading to a proper grade the Alley between O'Neill Street and Groveland Place from Burden Street to Brunswick Street presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Della C. Thul, referred to the City Council by the Board of Su- pervisors, requiesting cancellation of the 1940 taxes on the South 2 feet 6 inches of Lot 2 and all of Lot 3 of Kleinschmidt's Subdivision, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Mur- phy. Carried by the followingg vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of Carr, Adams & Collier Company requesting permission to cross under Elm Street at the south side of Eleventh Street with pipes and power cables to go under the sidewalk on the south side of Eleventh Street from this point to the southeast corner of Eleventh and Washinton Streets with pipes and a buried tank and then to carry pipes hung on the side of their building on Washington Street to a point about 152 feet south presented and read. 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 Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of O. M. Schmid Estate, by B. C. Schmid, et at, objecting to noises by cut-outs and horns on automobiles and motorcycles on Loras Boulevard in the vicinity of Main Street to Central Avenue and requesting that action to be taken to eliminate said noises and al- so requesting that the Council make an immediate investigation with the object of re-routing heavy traffic along con- crete pavements thru a business district Petition of Geo. B. Collinson, re- ferred to the City Council by the Board of Supervisors, requesting cancellation of the 1940 taxes on Lots 17 to 24 in- clusive of Block 2 of Grandview Park Addition, presented and read. Council- man 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 Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Mrs. Mary Brandt, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1940 taxes on the South / of Lot 162 presented of fandastread- ad buquCouncilman Thompson moved that the petition be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of John J. Mueller request- ing a permit to operate a dairy for the purpose of pasteurizing and bottling milk at 2197 Delhi Street, presented and read. Councilman Murphy moved that the petition be referred to the Planning 214 Adjourned Regular Session, September 2nd, 1941 and Zoning Commission for: their rec- ommendation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilman Murphy, Schuel- ler, Thompson, Wharton. Nays — None. Ordinance No. 22-41. An Ordinance Amending and Changing 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" certain defined territory now delimited as "Two -Family Residence District" .and declaring an emergency, said ordinance having been passed up- on first and second readings on Au- gust 21st, 1941, and ordered placed on file with the City Clerk for public in- spection for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 22-41. An Ordinance Amending and Chang- ing Zoning Map of the City of Du- buque as Provided by Ordinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" Cer- tain Defined Territory now Delimited as "Two -Family Residence District" and Declaring an Emergency. WHEREFORE, it is deemed advis- able by this City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 des- ignated as "Zoning Ordinance of the City of Dubuque," so as to change to "Multiple Residence District," certain defined territory now delimited as "Two -Family Residence District"; and WHEREAS, notice of such proposed change has been published as provided by law and an opportunity afforded to any and all parties interested and citi- zens to object thereto at a public meet- ing held at 7:30 p. m., August 21st, 1941; and WHEREAS, no objections have been filed or made to the proposed changes; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: By changing from "Two -Family Residence District" to "Multiple Resi- dence District," the area described as follows: Lots 1 to 18 inclusive in Sub, of Out Lot No. 724 in the City of Du- buque, Iowa. Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council and publication as provided by law. Section 3. The cost of publication of this Ordinance shall be paid for by the parties who have requested the change. Passed upon first and second read- ings this 21st day of August, 1941. Passed ,adopted and approved on final reading, this 2nd day of September, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper and The Daily Trib- une newspaper this 4th day of Septem- ber, 1941. J. J. SHEA, 9-4-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman -Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No. 23-41. An Ordinance Amending and Changing Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Dubuque" so as to change to "Local Business Dis- trict", certain defined territory now de- limited as "Two -Family Residence Dis- trict and declaring an emergency, said ordinance having been passed upon first and second reading on August 21st, 1941, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, presented and read a third time. ORDINANCE NO. 23-41. An Ordinance Amending and Chang- ing Zoning Map of the City of Du- buque as Provided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Local Business District," Certain Defined Territory now Delimited as "Two -Family Residence District" and Declaring an Emergency. WHEREFORE, it is deemed advis- able by this City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 desig- Adjourned Regular Session, September 2nd, 1941 215 nated as "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District" certain defined terri- tory now delimited as "Two -Family Residence District"; and WHEREAS, notice of such proposed change has been published as provided by law and an opportunity afforded to any and all parties interested and citi- zens to object thereto at a public meet- ing held at 7:30 p. in., August 21st, 1941; and WHEREAS, no objections have been filed or made to the proposed changes; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: By changing from "Two -Family Residence District" to "Local Business District," the area described as follows: That the local business district, 90 feet by 384 feet, now existing on the North side of Dodge Street where Dodge Street intersects with Bryant Street, be extended easterly 160 feet to a line parallel to the east boundary of Lot 1 of 2 of 1 of 1 of Mineral Lot 67 in the City of Dubuque, and be extended north- erly to a total depth of 150 feet from the south property line of such Mineral Lot 67 along Dodge Street all as shown in a plat now on file in the office of the City Clerk. Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council and publication as provided by law. Section 3. The cost of publication of this Ordinance shall be paid for by the parties who have requested the change. Passed upon first and second read- ings this 21st day of August, 1941. Passed, adopted and approved on final reading, this 2nd day of Sep- tember, 1941. FRANK VAN DUELMAN, Mayor, F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper and The Daily Trib- une newspaper, this 4th day of Sep- tember, 1941. J. J. SHEA, 9-4-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Council Proceedings for the month of June, 1941, presented for approval. Councilman Murphy moved that the Council Proceedings for the month of June, 1941, be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Proofs of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of July, 1941. Councilman Mur- phy moved that the proofs of publica- tion be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. September 2, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held July 22, 1941, the pe- tition of E. N. Joy, et al, requesting the installation of a street light at the intersection of Milwaukee and Jackson Streets was referred to the Council to view the grounds. The Council viewed the site on Au- gust 23rd and approved the request. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Schueller moved that the recommendation of City Manager Rhomberg be approved and the deci- sion of the Council be confirmed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Maor VanMurphy, SchuelDler, ThouelmanmCouncilmen pson,Whar- ton. Nays—None. September 2, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held August 4th, 1941, the petition of the Trustees of the property of the Chicago, Milwaukee, St. Paul 216 Adjourned Regular Session, September 2nd, 1941 and Pacific Railroad Company request- ing permission to construct w spur or industry track across Jones Street was referred to the Council to view the grounds. The site was visited on August 23rd and the Council approved the request with the stipulation that the petitioner pay all lie costs. I, therefore, recom- mend that the acion of the Council be confirmed and the City Solicitor be in- structed to prepare the proper pro- ceedings. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved and the deci- sion of the Council be confirmed and that the City Solicitor be instructed to ;prepare the proper proceedings as rec- ommended. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. September 2, 1941. 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: PERSONAL Edward M. Tschirgi, Accountant— Water Department, Massachusetts Bonding and Insurance 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 Van Duelman, Councilmen Mur- i)hy, Schueller, Thompson, Wharton. Nays—None. September 2, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held June 24th, the peti- tion of the Perfection Oil Company re- questing permission to erect a sign standard at the curb on the corner of Third and Locust Streets was referred to the Council to view the grounds. Before the Council viewed the site on August 23rd the Company had changed its plans and erected the standard on its own property with the sign over- hanging the sidewalk. The required bond for the sign has not yet been Posted, but the Building Commissioner has been instructed to obtain the bond or order the sign removed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the communication of City Manager Rhomberg be received and made a matter of record. Seconded by Coun- cilman Schueller Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. September 2, 1941. To the Honorable Mayor and City Council Dubuque Iowa. Gentlemen—At the session of the City Council held August 4th, the peti- tion of D. D. Taylor, et al, requesting the installation of a street light at the corner of Atlantic and Delaware Street was referred to the Council to view the grounds. On August 23rd the Council viewed the site and decided that the present street light at Atlantic and Decorah Streets would handle the problem if its position with respect to the enveloping trees were improved. I recommend that the decision of the Council be con- firmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved and the deci- sion of the Council be confirmed. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. September 2, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen—At the session of the City Council held July 22nd, the peti- tion of G. C. Scherrer, et al, requesting the installation of a street light at or neer the intersection of 31st and Jack- son Streets was referred to the Council for further consideration. The Council later decided to grant the request. I recommend that the de- cision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Schueller moved that the recommendation of City Manager Rhomberg be approved and the deci- sion of the Council be confirmed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Adjourned Regular Session, September 2nd, 1941 217 Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 103-41. Whereas, Applications for Beer Per- mits have been submitted to this Coun- cil for approval and the same have been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. Class "B" Permit Name Address John A. Armstrong and Harriett Arm- strong, 398 Main Street. John A. Hochberger and William Hochberger, 1701 Asbury Street. William Spear and Mrs. Ivy Ritten- house, 1654 Central Avenue. Patrick R. Kennedy and Minnie Ken- nedy, 2412 Central Avenue. Mrs. Viola Grode and Harry Grode, 1643 Central Avenue. F. H. Lenstra, 127 West Sixth Street. Alois O. Weitz and Nellie M. Weitz, 201 East 22nd Street. Gust Billis and Madeline Billis, 605 Main Street. George Nardin and Rose Nardin, 1105 University Avenue. Class "B" Permit for Private Club Dubuque Lodge No. 355 Loyal Order of Moose, 1379 Central Avenue. received the approval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordin- ances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved, by the City 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 "C" Permit Tenenbom Super -Market, Inc., 630 Lo- cust Street. Passed, adopted and approved this 2nd day of September, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 104-41 Class "B" Permit Name Address John A. Armstrong and Harriett Arm- strong, 398 Main Street. John A. Hochberger and William Hochberger, 1701 Asbury Street. William Spear and Mrs. Ivy Ritten- house, 1654 Central Avenue. Patrick R. Kennedy and Minnie Ken- nedy, 2412 Central Avenue. Mrs. Viola Grode and Harry Grode, 1643 Central Avenue. F. H. Lenstra, 127 West Sixth Street. Alois O. Weitz and Nellie M. Weitz, 20f 1�ast 22nd Street. Gust Billis and Madeline Billis, 605 Main Street. George Nardin and Rose Nardin, 1105 University Avenue. Whereas, Heretofore applications were filed by the within named appli- cants for Beer Permits and they have Class "B" Permit for Private Club Dubuque Lodge No. 355 Loyal Order of Moose, 1379 Central Avenue. Class "C" Permit Tenebom Super -Market, Inc., 630 Lo- cust Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of September, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Whart n. Carried by the following an Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 105-41. Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the resurfacing of West Third Street from the East prop - 218 Adjourned Regular Session, September 2nd, 1941 erty line of Burch Street to the West property line of Alpine Street South presented and read. Councilman Thompson moved the adpotion of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 106-41. Resolution of Necessity for the resurfacing of West '1 hird Street from the East property line of Burch Street to the West prop- erty line of Alpine Street South pre- swiJed and read, Councilman Thomp- son moved &at the resolution be ap- proved and placed on file for public in- spection and final action. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, 'Thompson, Wharton. Nays—None. Resolution No. 107-41. Resolution fixing date of hearing on the proposed plans and specifications proposed form of contract, plat and schedule, cost of improvement and the proposed Resolu- tion of Necessity for the resurfacing of West Third Street from the East prop- erty line of Burch Street to the West property line of Alpine Street South presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, City Clerk. Approvcd n6/--1941. Adopted _ &L191. Y'�_'- 9f . Councilmen _`__`_'_'_ ME'__----- Attest: City Clerk. Special Session, September 2nd, 194-1. Board of Nealth (Official) Special Session, September 2nd, 1931. Board met at 9:00 P. M. Present—Chairman Frank Van Duel - man, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson and Albert Wharton. Resolution No. 108-41. Whereas, it is provided by Section 9, Chap. 117, of the laws of the 49th Gen- eral Assembly "that local registrars in cities having a population of thirty-five thousand (35,000) or more, shall be ap- pointed by the local board of health. A copy of such appointments and assign- ments shall be kept as a permanent rec- ord in the office of the county registrar and a copy thereof shall be forwarded to the state registrar"; and Whereas, it is reemed advisable by the Board of Health to comply with the statute as enacted; Now, Therefore, Be It Resolved By The Board of Health of the City of Dubuque, That Miss Mae Moore be, and she is hereby appointed local registrar of the City of Dubuque, and that a copy of such ap- pointment shall be sent to the county registrar to be kept as a permanent record in the office of the county regis- trar, and a copy thereof shall be for- warded to the state registrar. Passed, adopted and approved this 2nd day of September, 1941. FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Board of Health. Attest: J. J. SHEA, Clerk. Mr. Geo. R. Murphy moved the adop- tion of the resolution. Seconded by Mr. F. W. Thompson. Carried by the fol- lowing vote: Yeas—Chairman Frank Van Duelman, Messrs. Geo. R. Mur- phy, B. A. Schueller, F. W. Thompson, Albert Wharton. Nays—None There being no further business, Mr Albert Wharton moved that the Board of Health adjourn. Seconded by Mr. B. A. Schueller. Carried by the follow- ing vote: Yeas—Chairman Frank Van Duelman, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson, Albert Wharton. Nays—None. J. J. SHEA, Clerk, Board of Health. Approved Adopted ho Members of Board of HealtA v Attest------- 1 rk, Board of Health. 219 v Attest------- 1 rk, Board of Health. 220 Special Session, September 11th, 1941. City Council (Official) Special Session, September 11th, 1941. Council met at 7:30 P. M. Present—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Thompson and Wharton. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon the proposed plans and specifications, form of contract, plat and schedule and proposed Reso- lutions of Necessity for the construc- tion of sanitary sewers in Fremont Ave- nue and in Plum Street and acting on any other business as may properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of hearing upon the proposed plans and specifications, form of contract, and cost of construc- tion of a six-inch vitrified tile sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Subdivision and southerly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, presented and read. No written objections filed and no ob- jectors present in the Council Cham- ber. Councilman Thompson moved that the proofs of publication be re- ceived and filed. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of construc- tion of a six inch vitrified tile sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Ave- nue Subdivision and southerly to Wart- burg Place and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, presented and read. No written objec- tions filed and no objectors present in the Council Chamber. Councilman Thompson moved that the proofs of publication be received and filed. See- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. -gays—None. Resolution No. 109-41. Decision of the Council upon objections filed to plans, specifications, form of contract and cost of construction of a six inch vitrified tile sanitary -sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Subdivision and southerly to Wartburg Place and in Wartburg Place southerly from Fre- mont Avenue to Lot 1 of 1 of 2 of M. L. 139, presented and read. Coun- cilman Wharton moved the adoption of the resolution. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 101-41. Resolution of Necessity for the construction of a six inch vitrified tile sanitary sewer in Fre- mont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Subdi- vision and southerly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, said resolution having been approved and placed on file for final action on August 21st, 1941, presented and read for final adoption. Council- man Murphy moved the adoption of the resolution. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 110-41. Resolution ordering construction and directing the City Clerk to advertise for proposals for the construtcion of a six inch vitri- fied sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fre- mont Avenue Subdivision and souther- ly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, present- ed and read. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of notice of hearing up- on the proposed plans and specifica- tions, form of contract and cost of con- struction of a six inch vitrified tile sani- tary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty feet northerly, pre- sented and read. No written objections filed and no objectors present in the Council Chamber. Councilman Mur- phy moved that the proofs of publica- tion be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Special Session, September 11th, 1941. Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Proofs of publication, certified to by the publisher of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of construc- tion of a six inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to two hun- dred and eighty feet northerly, pre- sented and read. No written objections filed and no objectors present in the Council Chamber. Councilman Mur- phy moved that the proofs of publica- tion be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson Wharton. Nays—None. Resolution No. 111-41. Decision of the Council upon objections filed to plans, specifications, form of contract and cost of construction of a six inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty feet northerly, presented and read. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 98-41. Resolution of Necessity for the construction of a six- inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty feet northerly, said resoultion having been approved and placed on file for final action on August 21st, 1941, presented and read for final adop- tion. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Resolution No. 112-41. Resolution ordering construction and directing the City Clerk to advertise for proposals for the construction of six inch vitrified tile sanitary sewer in Plum Street from the pesent manhole in Rush Street to two hundred and eighty feet northerly presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map by changing from "Two -Family Residence Dis- 221 trict" to a "bight Industrial District" Lots Nos. 1, 2 and the Northerly 15 feet of Lot No. 3 of Randall's Sub. No. 2, presented and read. No written ob- jections filed and no objectors present in the Council Chamber. Councilman Thompson moved that the proofs of Publication be received and filed. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller Thompson, Whar- ton. Nays—None. Ordinance No. 24-41. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Du- buque" so as to change to bight Indus- trial District, certain defined territory now delimited as Two -Family Resi- dence District, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. Councilman Thompson moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. The or- dinance was then read a second time. Councilman Thompson moved that the reading just had be considered the sec - on reading of the ordinance. Second- ed by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. September 10, 1941. Honorable Mayor and Members of City Council, City Hall, Dubuque, Iowa Gentlemen: Referring to the meet- ing scheduled for tomorrow evening, September 11th, between the Dock Commission, the City Council and a number of the pleasure boat owners, I sincerely regret that absence from the city on the part of Mr. T. M. Stampfer and myself will make it absolutely im- possible for us to be present. Mr. Stampfer left the City last Sun- day for an extended trip which he had planned for some time and it is imper- ative that I be in Chicago on Friday 222 Special Session, September 11th, 1941. morning to participate in the Midwest Emergency Conference to be held at the Hotel Morrison. Matters to be con- sidered at this conference are of such vital importance to our industries as well as to our laboring people as to make it inadvisable for me not to be there. Will you please see that the inter- ested parties are notified, and I would also suggest that a notice of thg post- ponement of this meeting be published in both of our local papers, with the assurance that the Dock Commission will be most pleased to arrange to be present at the next meeting of the City Council which, I understand, is to be held September 22nd or any other date which may be convenient for all con- cerned. Yours very truly, J. A. KERPER, Chairman, Board of Dock Commissioners. Councilman Thompson moved that the communication be received and made a matter of record and the City Manager be instructed to notify the interested parties to be present at a meeting to be held at 7:00 P. M. on September 22nd, 1941. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Senior High School re- questing permission to stretch a banner across Main Street between the Du- buque Building and the building of the Fitzpatrick Sporting Goods Company beginning September 5 through Novem- ber 14, presented and read. Council- man Murphy moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Frank Nisius requesting that he be granted a free license to peddle fruit and vegetables, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- nhy, Schueller Thompson Wharton. Nays—None. Petition of John R. Lee submitting an offer of $10.00 per lot as payment in full of the special assessments levied against Lots 30 and 31 in Quigley's Subdivision of North part of Mineral Lot 157, presented and read. Council- man Wharton moved that the petition be referred to the City Manager for in- vestigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Frank Spielman request- ing a refund on his cigarette permit No. 144 as he has discontinued business, pre- sented and read. Councilman Murphy moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Frank Spielman to cover the refund for the period from October 1st, 1941, to July 1st, 1942. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Communication of National Institute of Municipal Law Officers urging the City Council to authorize the City So- licitor to attend the Annual meeting of the National Insitute of Municipal Law Officers to be held at Washington, D. Co., on December 4th, 5th and 6th, 1941, presented and read. Councilman Wharton moved that the City Solicitor be requested to attend said meeeting —the expenses of said trip to be borne by the City of Dubuque. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. September 8, 1941. Honorable Mayor and Member of the City Council, Dubuque, Iowa. Gentlemen: Re: Complaint of O. M. Schmid Estate by B. C. Schmid and others. An investigation of the above com- plaint has been made and I herewith submit a report of my findings. A traffic count of the cars using the intersection of 14th Street and Central is self-explantory. It reflects however that the flow of traffic is about all the street can carry with the present traffic control device in operation at this in- tersection. I have been informed by Mr. Bethke that many of the control boxes are in need of replacement. I would suggest that when they are re- placed that a more modern type be Se- cured, one which will be sufficiently flexible to meet any traffic eventuality which might arise. As regards Busses, about 12 to 20 busses use this intersection each hour. The average car volume as regards the direction traveled by busses is in the neighborhood of 1000 cars per hour. The chief objection to the busses would be the delay in picking up passengers. It is suggested that a bus stop be pro- vided on the east side of Central Ave- nue just north of 14th Street. Busses then will not interfere with the free flow of traffic when picking up passen- gers. Special Session, September 11th, 1941. 223 In regard to horn blowing and other loud noises emitting from vehicles it would seem that there is no unusually great amount of such in comparison with the large flow of traffic over this street. It would but take a surprising- ly few of the cars blowing horns, etc., to cause annoyance to residents. I don't believe there is justification for any special police effort in this regard. The horn blowing, etc. would be just occasional as regards the individual of- fender and I don't believe a conviction with a penalty would hold in court. That there is constant noise, there is no doubt—however, wherever this traffic would be routed the same con- dition will prevail. Respectfully yours, JOS. H. STRUB, Chief of Police. Councilman Wharton moved that the recommendation of Chief of Police Strub be approved. Seconded by Councilman Thompsn. Carried by the following vote: Yeas—Mayor Van Duelhan, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. September 8th, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen—I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department, City Recreation Director and City Water- works, also a list of claims and payrolls for which warrants were drawn during the month of August, 1941. The Du- buque Playground report for the year 1941 is also included. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. September 11, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen—At the session of the City Council held July 22nd. 1941, the Petition of Mrs. August Klein request- ing that she be reimbursed in the amount of $34.25 for the unnecessary excavation to locate the stopped sewer at 1922 Rosedale Street was referred tc the City Manager and City Solicitor for investigation and report. We have investigated the case and recommend that a warrant in the amount of $34.25 be ordered drawn on the Main Sewer in favor of H. B. Mc- Carten, the plumber who did the work, upon the filing of the proper release by Mrs. August Klein. Respectfully submitted, A. A. RHOMBERG, City Manager. JOHN J. KINTZINGER, City Solicitor. Councilman Thompson moved that the recommendation of City Manager Rhomberg and City Solicitor Kintzin- ger be approved and that the City Au- ditor be instructed to draw a warrant in the amount of $34.25 on the Main Sewer Fund in favor of H. B. McCar- ten, said warrant to be delivered upon the filing of a proper release by Mrs. August Klein. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Murpry, Schueller, Thomp- son, Wharton. Nays—None. Septemebr 9, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen: In Re: Petition of Mrs. Mary Brandt for Suspension of 1940 taxes on: East Dubuque Add. S/ of Lot 162, asking that the 1940 taxes be suspend- ed because of infirmity and unemploy- ment, I recommend that the Petition should be approved by the City Coun- cil of the City of Dubuque and notifica- tion of such approval given to the Board of Supervisors of Dubuque County, Iowa. JOHN J. KINTZINGER, Respectfully submitted, City Solicitor. Councilman Wharton moved that the recommendation of City Solicitor Kintzinger be approved and the peti- tion of Mrs. Mray Brandt requesting suspension of the 1940 taxes on the South / of Lot 162 East Dubuque Ad- dition be granted and the Board of Su- pervisors to be notified of the action of the City Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson Wharton. Nays—None. September 9, 1941. Ctyolyor and Members of :Council, Cty of Dubuque, Iowa: Gentlemen: In Re: Petition of Della C. Thul for Cancellation of 1940 taxes on: S. 2'-6" of Lot 2 of Klenschmidt's Sub., Lot 3 Kleinschmidt's Sub. asking that the 1940 taxes be cancelled because of infirmity, I recon ed bytthe at the Petition should be app City Council of the City of Dubuque 224 Special Session, September 11th, 1941. for suspension of said taxes, and notifi- cation of such approval given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the peti- tion of Della C. Thul requesting can- cellation of the 1940 taxes on the South 2 feet 6 inches of Lot 2 and all of Lot 3 of Kleinschmidt's Subdivision be de- nied, but a suspension of said taxes be ordered granted, and the Board of Su- pervisors to be notified of the action taken by the City Council. Seconded by Councilman Murphy. Carried by tfie following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. September 9, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen: In Re: Petition of George B. Collinson for Cancellation of the 1940 taxes on: Grand View Park Add. Lots 17, 18, 19, 20, 21, 22, 23, 24, all in Block No. 2, asking that the 1940 taxes be cancelled because of infirmity, I recommend that the Petition should be approved by the City Council of the City of Dubuque for suspension of said taxes, and notifi- cation of such approval given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the petition of George B. Collinson requesting can - 18, 19, 20, 21, 22, 23, 24, all in Block cellation of the 1940 taxes on bots 17, No. 2 of Grand View Park Addition be denied, but a suspension of said taxes be ordered granted, and the Board of Supervisors to be notified of the action taken by the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Special Ordinance No. 25-41. An Ordinance Granting to the Trustees of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, their Suc- cessors and Assigns, the right to con- struct, maintain and operate an Indus- try Track across Jones Street in the City of Dubuque, said Track to connect with an existing Track, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. The or- dinance was then read a second time Councilman Thompson moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 113-41. Whereas, The Trustees of the Chi- casze, Milwaukee, St. Paul and Pacific Railroad Company have entered into a tentative agreement with the City of Dubuque for the paving of Sycamore Street with concrete from the north line of 18th Street to the South line of 16fii Street; and V.71,ereas, A written agreement con- taining the terms and conditions there- of has been presented to the Council for approval; and, Whereas, The Council deems it advis- able that said agreement be approved and the same executed by the City of Dubuque upon payment to the City of Dubuque by the sum of $5,000.00; and, Whereas, Said City Council deems it advisable that the Mayor and City Clerk be authorized to execute said agreement for and on behalf of the City of Dubuque; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, That the written agreement presented to the City Council in reference to the paving of Sycamore Street from the north line of 18th Street to the south line of 16th Street, be, and the same is hereby ap- proved and that the Mayor and Clerk of the City of Dubuque be, and they are hereby authorized to execute said agreement for and on behalf of the City of Dubuque and said agreement is to be turned over to the Trustees of the Chicago, Milmaukee, St. Paul and Pa- Special Session, September 11th, 1941. 225 cific Railroad Company upon payment by them of the sum of $5,000.00 to the City of Dubuque. Passed, adopted and approved this 11th day of September, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilman Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilman Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Attorney John A. Cunningham ad- dressed the Council in support of the application of the Nine -Ninety Club for a Class "B" beer permit for Private Club and requesting Council to act fa- vorably on said application. Council- man Murphy moved that the applica- tion of the Nine -Ninety Club for a Class "B" beer permit for Private Club be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 114-41. Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the construction of a six inch vitrified tile sanitary sewer in Kane Street from the present man- hole in Kaufmann Avenue to Four Hundred and Seventy (470) feet north presented and read. Councilman Mur- phy moved the adoption of the resolu- tion. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 115-41. Resolution of Necessity for the construction of a six inch vitrified tile sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to Four Hundred and Seventy (470) feet north, presented and read. Councilman Thompson moved that the resolution be approved and placed on file for public inspection and final action, Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 116-41. Resolution fixing date of hearing upon the pro- posed plans and specifications and pro- posed form of contract, plat and sched- ule and proposed Resolution of Neces- sity for the construction of a six inch vitrified tile sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to Four Hundred and Seventy (470) feet north, presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Telegram from Wm. H. Dress, May- or of Evansville, Chairman of Commit- tee of Midwest Emergency Conference requesting attendance of the Mayor at said Conference to be held in Chicago, Illinois, on September 12th, 1941, pre- sented and read. Councilman Thomp- son moved that the Honorable Mayor and City Manager be authorized to at- tend the meeting of the Midwest Emer- gency Conference to be held in Chica- go, Illinois, on September 12th, 1941, the expenses of said trip to be borne by the City of Dubuque. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Mr. Ben Baumhover addressed the Council requesting Council to recon- sider their previous action in receiving and filing the petition of.B. L. Baum - hover, et al, requesting the construction of a sanitary sewer to Dodge Street from the present manhole in Stetmore Street easterly to a point approximately 90 feet north of the northerly line of Fremont Avenue. Mr. William Mar- key addressed the Council, requesting that the City Manager be instructed to proceed with the construction of the sanitary sewer as asked for in the peti- tion of B. L. Baumhover, et al. Mr. Ohmert addressed the Council, stating that the proposed sanitary sewer to be constructed in front of his prop- erty on Wartburg Place will not be deep enough to allow m to have a floor drain in his basement and further stating that on account of the depth of the sewer in front of his property being only about 3/ feet that there is a pos- sibility of the sewer freezing in the win- ter. Mr. Ohmert was informed that the for he rconstructi construction on the f the Ssewer ed a ns in 226 Special Session, September 11th, 1941. Wartburg Place had been held and acted upon earlier in the evening and that the Council had ordered the con- struction of said sewer and directed that bids be advertised for the con- struction of said sewer. Bids for furnishing the City of Du- buque with a triple combination motor primping engine of 750 gallons capacity per minute were opened and read by City :Manager Rhomberg. Councilman Wharton moved that the bids be re- ferred to the Council for consideration •111(1 t11at the City Manager and Fire Chief be instructed to prepare a tabu- lation of said bids and submit same to ttc Council with their recommendation. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Alavor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men lt'lurphy, Schueller Thompson, NN" arton. Nays—None. J. J. SHEA, City Clerk. Approved - -- - Adopted _ �4.1__I941. v� Councilm r Attest: City Clerk. Special Session, September 11th, 1941. 227 Board of Health (official) Special Session, September 11th, 1941. Board met at 10:00 P. M. Present—Chairman Frank Van Duel - man, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson, Albert Wharton. Communication of Mae A. Moore, advising of her acceptance of the ap- pointment as Registrar of Vital Statis- tics for the City of Dubuque, presented and read. Mr. Geo. R. Murphy moved that the communication be received and placed on file. Seconded by Mr. Al- bert Wharton. Carried by the follow- ing vote: Yeas—Chairman Frank Van Duelman, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson, Al- bert Wharton. Nays—None. There being no further business, Mr. Geo. R. Murphy moved that the Board of Health adjourn. Seconded by Mr. B. A. Schueller. Carried by the fol- lowing vote: Yeas—Chairman Frank Van Duelman, Messrs. Geo. R. Mur- phy, B. A. Schueller, F. W. Thompson, Albert Wharton. Nays—None. J. J. SHEA, Clerk, Board of Health. Approved Adopted'Lt'lT-Q►7U-! 4 1• AK— Members of I Board tT#— Attest---- 1� k, Board of Health. 228 Special Session, September 22nd, 1941. City Council (Official) Special Session, September 22nd, 1941. Council met at 8:45 P. M. Present—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton, City Manager Rhomberg. Absent—Councilman Murphy Meeting called by order of Council- men Thompson and Wharton. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon the proposed plans and specifications, form of contract and cost of construction also upon the Reso- lution of Necessity for the resurfacing of West Third Street from the East property line of Burch Street to the West property line of Alpine Street South and acting on any other business as may properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of hearing up- on the plans and specifications, form of contract and cost of construction for the resurfacing of West Third Street from the East property line of Burch Street to the West property line of Alpine Street South, presented and read. Councilman Wharton moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Schueller Thompson, Wharton. Nays—None. Absent— Councilman Murphy. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays—None. Absent—Councilman Murphy. Messrs. Carl F. Hartman, Oscar Jaeger, An- drew Fluetsch, addressed the Council requesting that West Third Street be improved at once in accordance with the plans and specifications as adopted and that the advertisement for bids for the resurfacing of West Third Street be not delayed. Communication of Peter H. McCar- thy, requesting Council to consider his communication as a protest against the West 3rd Street pavement until I look up more legal grounds, presented and read. Mr. Peter H. McCarthy ad- dressed the Counril stating that he presented his communication in order that proceedings for the paving of West Third Street might be delayed for a short time in order that he might investigate the report that when once a street is permanently paved that it is the duty of the City to keep the same in repair and not to cause another pav- ing assessment. Councilman Thomp- son moved that the communication be received and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Schueller, Thompson, Wharton. Nays—None. Absent— Councilman Murphy. Proofs of publication, certified to by the publishers, of notice of pendency of Resolution of Necessity and hearing up- on proposed plans and specifications, form of contract and cost of improve- ment for the resurfacing of West Third Street from the East property line of Burch Street to the West property line of Alpine Street South, presented and read. Councilman Thompson moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent -- Councilman Murphy. Resolution No. 117-41. Decision of Council upon objections to plans, speci- ficatoins, form of contract and cost of improvement for the resurfacing of West Third Street from the East prop- erty line of Burch Street to the West property line of Alpine Street South, presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent — Councilman Murphy. Resolution No. 106-41. Resolution of Necessity for the resurfacing of West Third Street from the East property line of Burch Street to the West property line of Alpine Street South, said resolution having been approved and ordered placed on file for final action on September 2nd, 1941, pre- sented and read for final adoption. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays—None. Absent—Councilman Murphy. Resolution No. 118-41. Resolution ordering construction and directing the City Clerk to advertise for proposals Special Session, September 22nd, 1941. for the resurfacing of West Third Street from the East property line of Burch Street to the West property line of Alpine Street South, presented and read. Councilman Thompson moved the adoptoin of the resolution. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. Communication of The International City Managers' Association extending invitation to the Mayor and Members of the City Council and the City Man- ager to attend the annual conference of The International City Managers' Association to be held in Hollywood, Florida, on November 23 to 27 inclusive presented and read. Councilman Thompson moved that City Manager Rhomberg be authorized to attend the annual conference of the International City Managers' Association to be held in Hollywood, Florida, from November 23 to 27 inclusive, the expenses of said trip to be borne by the City of Du- buque. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent — Councilman Murphy. Petition of L. Schuster requesting a refund in the amount of $75.00 on his cigarette license No. 81, as he has dis- continued business until spring, pre- sented and read. Councilman Wharton moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of L. Schuster to cover the amount of refund granted on the unex- pired term of his cigarette license from October 1st, 1941, to July 1st, 1942. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. Petition of M. Palmer, et al, request- ing that a change be made in the regu- lations with respect to minimum area requirements so that a building permit shall be issued authorizing William Hammerand to proceed with the con- struction of a house on the Southerly 20 feet of Lot 216 and the Northerly 20 feet of Lot 217 in Davis Farm Addi- tion, presented and read. Councilman Thompson moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent — Councilman Murphy. 229 Mrs. Schuster addressed the Council, stating that she is desirous of building a house on a lot at 28th and Pine Streets and states that she is unable to secure a building permit on account of not having the required minimum area and requesting that the Council give consideration to changing the present requirements as regards the minimum area of lots for building purposes. Mrs. Schuster was informed that a study is now beinig made as to the compila- tion of a new Building Code and that the requests for a change in the mini- mum area for building purposes would be considered at that time. Petition of Alfred Wunder, referred to the City Council by the Board of Supervisors, requesting cancellation of the 1939-1940 and 1941 taxes on Lot 26 Finley Home Addition, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilman Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. Petition of Mrs. Katie A. Miller, re- ferred to the City Council by the Board of Supervisors requesting suspension of the 1940 taxes on bots 9 and 10 of Johnson Subdivision, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duleman. Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. Petition of Dubuque Park Commis- sion, requesting the use of funds de- rived from the sale of rock to the Du - Dubuque Stone Products Company for extraordinary park expenditures, which cannot be made from the regular ap- propriation budgeted for the mainten- ance and operation of the parks, pre- sented and read. Councilman Wharton moved that the petition be referred to the Council and that the City Manager be instructed to arrange a meeeting be- tween the City Council and the Park Board Commission for the purpose of discussing the petition. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent—Councilman Murphy. Petition of John Kringle, requesting Council to take some action in order that he may proceed with the building of his house at 539 West Third Street, and stating that he secured a building permit in January of this year for said construction and that said construction is now being held up by the Building 230 Special Session, Se Commissioner, and further requesting the Council to make an inspection trip to this building and look over the same as to compliance with the Building Code, presented and read. Councilman Wharton moved that the petition be referred to the Building Commissioner. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. Ordinance No. 24-41. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, desig- nated "Zoning Ordinance of the City of Dubuque" so as to change to Light Industrial District, certain defined ter- ritory now delimited as Two -Family District, said ordinance having been Passed upon first and second readings on September 11th, 1941, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 24-41. 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 Light Industrial Dis- trict, Certain Defined Territory now Delimited as Two -Family Residence 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 ,desig- nated as "Zoning Ordinance of the City of Dubuque," so as to change to Light Industrial District, certain territory hereinafter described, now delimited as Two -Family Residence District; and WHEREAS, notice of such proposed change has been published as provided by law and an opportunity afforded to any and all parties interested and citi- zens to object theereto at a public meeting held at 7:30 P. M., September 11th, 1941 in the Council Chamber in the City Hall; and WHEREAS, no objections have been filed or made to the proposed change; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: By changing from Two -Family Resi- dence District to Light Industrial Dis- trict, the area described as follows: ptember 22nd, 1941. Lots Nos. 1, 2 and the northerly 15 feet of Lot No. 3 of Randall's Sub. No. 2. Section 2. This ordinance shall be in force and effect from and after its final passage, adoption, approval by the City Council and publication as by law provided. Section 3. The cost of publication of this ordinance shall be paid for by the party who has requested the change. Passed upon first and second readings this 11th day of September, 1941. Passed, adopted and approved on final reading, this 22nd day of Septem- ber, 1941. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper and The Daily Tribune newspaper, this 24th day of September, 1941. J. J. SHEA, 9-24-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays—None. Absent—Councilman Murphy. Special Ordinance No. 25-41. An Or- dinance Granting to the Trustees of the Chicago, Milwaukee, St. Paul and Pa- cific Railroad Company, their Success- ors and Assigns, the right to construct, maintain and operate an Industry Track across Jones Street in the City of Du- buque, said Track to connect with an existing Track, said Ordinance having been passed upon first and second read- ings on September 11th, 1941, and or- dered placed on file with City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. SPECIAL ORDINANCE NO. 25-41. An Ordinance Granting to the Trustees of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company their Successors and Assigns, the Right to Construct, Maintain and Operate an Industry Track across Jones Street in the City of Dubuque, said Track to Connect with an existing Track. Special Session, September 22nd, 1941. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That there be, and there is hereby granted to the Trustees of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, their suc- cessors and assigns, the right and au- thority to lay down, construct, main- tain and operate a spur or industry track across Jones Street in Dubuque in the location indicated on the blue- print now on file in the Office of the City Clerk, which blueprint is made a part hereof by reference; said Trustees are granted the right and permission to re -locate the catch basin, boulevard light and Griswold flashing signal in Jones Street in order to permit the con- struction of said spur or industry track in accordance with said plat above re- ferred to; that said Trustees, at their sole expense, are directed to plank said track so as to make the same reasonably safe for use of persons and vehicles and said Trustees are to keep the same in a reasonably safe condition, and said Trustees are to restore that portion of Jones Street which is disturbed by the re -location of the catch basin, boulevard light and Griswold flashing signal to its former condition. Section 2. Said track is to conform to the grade of the street as established and shall be so constructed and main- tained that the free passage for pedes- trians and vehicles across the same at Jones Street shall not be interfered with and the right to impose additional con- ditions and requirements upon the use of said track and or its maintenance whenever reasonable circumstances arise to require same is reserved to the Council of the City of Dubuque. Section 3. It is further expressly stipulated and provided that all railroad companies now operating tracks in this city shall be entitled 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 necessary 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 accepted as reasonable between railroad companies operating within the city. Section 4. This ordinance shall be- come effective upon its passage, adop- tion and approval by the City Council and publication as provided by law and the rights herein granted shall accrue to said Trustees, their successors and assigns only when the injuries and dam- age, if any, to property abutting upon said track has been ascertained and compensated for, or in lieu thereof, 231 when the record owners of such prop. erty and the record holders of liens and incumbrances 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 said construction and maintenance; and when the costs of publication of this ordinance have been paid by the Trustees of the Chicago, Milwaukee, St. Paul and Pacific Rail- road Company. Passed upon first and second readings this 11th day of September, 1941. Passed, adopted and approved upon final reading this 22nd day of Septem- ber, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper and The Daily Tri- bune newspaper this 24th day of Sep- tember, 1941. SHEA, City Clerk. 9-24-1t. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent—Councilman Murphy. Proofs of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the montr of August, 1941, presented and read. Councilman Thompson moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Schueller, Thompson, Wharton. Nays—None. Absent — Councilman Murphy. September 15, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—With reference to at- tached petition of Mr. John J. Mueller requesting permission to operate a Dairy Station at 2197 Delhi Street, we wish to advise your honorable body that at a meeting of the Planning and oning Commission held September 12, 1941, the petitioner upon being made acquainted with the extraordinary na- ture of his request, through his attor- 232 Special Session, September 22nd, 1941. ney, Mr. Tschudi, requested permission to withdraw the petitiqn. Thus, the Planning and Zoning Com- mission returns the petition herewith with the recommendation that no fur- ther action be taken. Respectfully submitted, R. V. McKAY, Secretary Planning and Zoning Commission. Councilman Wharton moved that the recommendation of the Planning and Zoni:ig Commission be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Schueller, Thompson, Wharton. Nays—None. Absent — Councilman Murphy. September 15, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—We return herewith pe- tition of Mrs. Effie Munger, et al, re- questing rezoning of block bounded by Muscatine Street, Primrose Street, Bur- lington Street, and Sabula Street, from Single Family to Two -Family Resi- dence classification. This petittion is out of order in that it does not conform to Section 2, Article 15, of the Zoning Ordinance, which requires that such petitions must contain the signatures of at least 501jo of the surrounding prop- erty owners. The Planning and Zoning Commis- sion has conducted no study of the case but if the necessary signatures are pro- cured will be pleased to investigate and make a recommendation. In the mean- time we recommend to your honorable body that no action be taken. Respectfully submitted, R. V. McKAY, Secretary Dubuque Planning and Zoning Commission. Councilman Schueller moved that the recommendation of the Planning and Zoning Commission be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Schueller, Thompson, Wharton. Nays—None. Absent — Councilman Murphy. September 22, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—This is to advise you that I have approved the following bonds and desire to have your approval on same for filing: EXCAVATION Maurice A. Hill, 1827 White Street, Fi- delity & Casualty Co. of N. Y. D. A. Joles, Maquoketa, Iowa Massa- chusetts Bonding & Ins. Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the bonds be approved and placed on file. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Schueller, Thompson, Wharton. Nays—None. Absent — Councilman Murphy. September 22, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—The contract and agree- ment between the City of Dubuque and the Dubuque Airways, Incorporated, for the use and operation of the airport will terminate on September 30, 1941. I recommend that a new contract and agreement be entered into embodying some changes from the present lease. The provision requiring the city to pay $10.00 per week for a period of 26 weeks beginning with each October 1st and ending ?March 31st should be eliminated. In 1936, when the lease was made, t';ere was little or no income in operat- in the airport during the winter, which condition does not now obtain. Respectfully submitted, A. A. RHOMBRRG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be referred to the Council for consideration. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent — Councilman Murphy. September 22, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held September 11th, the peti- tion of John R. Lee submitting a com- promise offer of $10.00 per lot for pay- ment of the special assessments against Lots 30 and 31 of Quigley's Subdivision of the North Part of Mineral Lot 157 was referred to the City Manager for investigation and report. I have searched the records and find the facts as stated in the petition. On December 18, 1940, the Council accept- ed $20.00 per lot from the same peti- tioner for the same sort of assessment Oil bots 26 and 27 of the same subdi- vision. I reoonmend that the City Treasurer be authorized to accept $20.00 per lot as settlement in full of the spe- cial assessments levied against bots 30 and 31 in Quigley's Subdivision of the North Part of Mineral Lot 157 and that the County Treasurer be notified to strike these special assessments from the records. Respectfully submitted, A. A. RHOMBERG, City Manager. Special Session, September 22nd, 1941. 233 Councilman Schueller moved that the recommendation of City Manager Rhomberg be aproved and that the City Treasurer and County Treasurer be in- structed accordingly. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent—Councilman Murphy. September 19, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—Herewith submitted is Profile No. 1301, showing proposed grade on Cannon Street, from the west property line of South Locust Street to the west property line of Laurel Street. I recommend that the proposed grade be approved as shown on Profile No. 1301, and an Ordinance be passed es- tablishing such grade on Cannon Street. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and also that Profile No. 1301 be approved and that an ordinance be ordered prepared cov- ering the proposed grade of Cannon Street from the west property line of South Locust Street to the west prop- erty line of Laurel Street. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent—Councilman Murphy. Ordinance No. 26-41. An Ordinance establishing a grade on Cannon Street from the west property line of South Locust Street to the west property line of Laurel Street, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent—Councilman Murphy. Coun- cilman Thompso nmoved that the rules be suspended requiring an ordinance to be read on three separate days. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. The ordinance was then read a second time. Councilman Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilman Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. 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 Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy, September 19, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — Herewith submitted is Profile No. 1302, showing the proposed grade on Laurel Street from the North property line of South Grandview Ave- nue to the north property line of Can- non Street. I recommend that the proposed grade be approved as shown on Profile No. 1302, and an Ordinance be passed establishing such grade on Laurel Street. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and also that Profile No. 1302 be approved and that an ordinance be ordered prepared cov- ering the proposed grade of Laurel Street from the north property line of South Grandview Avenue to the north property line of Cannon Street. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. Ordinance No. 27-41. An Ordinance establishing a grade on Laurel Street from the north property line of South Grandview Avenue to the north prop- erty line of Cannon Street, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent — Councilman Murphy. Councilman Thompson moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent—Councilman Murphy. The or- dinance was then read a second time. Councilman Thompson moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. 234 Special Session, September 22nd, 1941. Absent—Councilman Murphy. Coun- that the nancenbehp aced on filson move with the City Clerk for public inspection for at least one week before its final adoption. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. September 20, 1941 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—Herewith submitted is Profile No. 1303 showing the proposed grade on Eleanor Street from the south property line of South Grandview Ave- nue to four hundred and eighty-seven (487) feet south. I recommendthat the shown proposed grade be approved as on Profile No. 1303 and an ordinance be passed establishing such grade on Eleanor Street. - Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Thompson moved that the recommendation of fand a a that er Rhomberg be approvedroved and that Profile No. 1303 be app an ordinance be ordered prepared cov- ering the proposed grade of Eleanor Srteet from the south property line of South Grandview Avenue to four hun- dred and eight -seven (487) feet south. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. Ordinance No. 28-41. An Ordinance establishing a grade on Eleanor Street from the south property line of South Grandview Avenue to four hundred and eighty-seven (487) feet south, presented and read. Councilman Thompson moved that the reading just had be considered the lrst reading. of the ordi- nance. Seconded by Councilman Schuel- ler. Carried by the following vote: Ycas—Mayor Van Duelman, Council- nuen Schueller, Thompson, Wharton. Nays— None. Absent — Councilman Murphy. Councilman Thompson moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent — Councilman Murphy. The ordinance was then read a second time. Codncil- man Thompson moved that the reading just had be considered the second read- ing of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent—Councilman Murphy. Coun- cilman Thompson moved that the or- dinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Schueller, Thompson Wharton. Nays —None. Absent—Councilman Murphy. September 17, 1941. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—With reference to the application of Frank Nisius, asking that he be granted a license to peddle fruit, the ordinance provides: "Par. 314. May Exempt Certain Per- sons. Section 6. Disabled soldiers or sailors who have been honorably discharged from the United States Service or crippled, disabled or indi- gent persons may be exempted from the provision of this ordinance, pro- viding they file an application with the City Council setting forth the grounds on which they request ex- emtion." If the Council is of the opinion that said Frank Nisius is crippled, disabled or an indigent person, they may exempt him from securing a license to peddle fruit. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Wharton moved that the petition of Frank Nisius, requesting that he be granted a license to peddle fruit under the provisions of Paragraph 314, Section 6, of Ordinance No. 4-1933 and asking exemption from the payment of the license for the reason that he is badly disabled, be granted and that Frank Nisius be issued a free license to peddle fruit on account of disability. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays —None. Absent—Councilman Murphy. Resolution No. 119-41. Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. J* Special Session, September 22nd, 1941. 235 Class "B" Permit Name Address Peter J. Kress (Transfer of address from 41 West 7th St.) 435 Central Avenue. Passed, adopted and approved this 22nd day of September, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent—Councilman Murphy. Resolution No. 120-41. Whereas, Heretofore application was filed by the within named applicant for Class "B" Beer Permit and it has re- ceived the approval of this Council; and Whereas, The premises to be occu- pied by such applicant have been in- spected 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 Manager be and he is hereby directed to issue to the following named applicant a Beer Permit. Class "B" Permit Name Address Peter J. Kress (Transfer of adress from 41 West 7th St.) 435 Central Avenue. Be It Further Resolved, That the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 22nd day of September, 1941. FRANK VAN DUELMAN, Mayor. F. W. T14OMPSON, ALBERT WHARTON, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays — None. Absent—Councilman Murphy. There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Schueller, Thompson, Wharton. Nays—None. Absent — Councilman Murphy. J. J. SHEA, City Clerk. Approved LW&dL J_� �1. RJB Adopted I�,e'1� __1941. Attest: City Clerk. 236 Special Session, September 22nd, 1941. Regular Session, October 6th, 1941. City Council (Official) Regular Session, October 6th, 1941. Council met at 8:30 P. M. Present—Mayor Van Duelman Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proofs of publication, certified to by the publishers, of notice to contractors of the receipt of proposals for the con- struction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eight (280) feet northerly presented and read. Councilman Mur- phy moved that the proofs of publica- tion be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—Pursuant to Resolution No. 112-41 sealed bids were received until 10:00 A. M. October 6, 1941, for the construction of a six inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street 280 feet northerly. Attached is a tabula- tion of the bids received. I recommend that the contract be awarded to James F. Lee, he being the lowest bidder. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved Mhat the anager recommendation of City Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson Wharton. Nays—None. Bids for the construction of a six inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to Two Hundred and Eighty (280) feet northerly: Bid of James F. Lee, 280 feet 6 inch vitrified tile @ $1.35 per Lin. Ft.—$378.00, four 6" x 4" Y branches @ $1.00 each— $4.00, 1 brick manhole complete—$50.00. Total bid—$432.00; Bid of Thos. Flynn Coal Company, 280 feet 6 inch vitrified tile @ $1.40 per Lin. Ft.—$382.00, foul 237 6" x 4" Y branches @ $2.00 each— $8.00, 1 brick manhole complete— $80.00, Total bid—$480.00. Resolution No. 121-41. Resolution awarding the contract for the construc- tion of a six (6) inch vitrified tile sani- tary sewer in Plum Street from the present manhole in Rush Street to Two Hundred and Eighty (280) feet norther- ly to James F. Lee, he being the lowest bidder, presented and read. Council- man Murphy moved that the resolution be approved and placed on file for one week before final aoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of notice to contractors of the receipt of proposals for the con- struction of a six inch vitrified tile sani- tary sewer in Fremont Avenue north- easterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub. and southerly to Wart- burg Place and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, presented and read. Councilman Thompson moved that the proofs of publication be re- ceived and filed. Seconded by Council- man Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—Pursuant to Resolution No. 110-41, sealed bids were received until 10:00 A. M. October 6, 1941, for the construction of a six inch vitrified tile sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fre- mont Avenue Sub. and southerly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to Lot I of 1 of 2 of Mineral Lot 139. At- tached is a tabulation of the bids re- ceived. I recommend that the contract for the above mentioned sewer be granted to James F. Lee, he being the lowest bidder. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendationof City er Rhomberg be app by Councilman Schueller. by the following vote: Carried Schuan ouncilmen el- Duelman, VVhartonuNays—None. ler, Thompson, 238 Regular Session, October 6th, 1941. Bids for the construction of a six inch vitrified the sanitary sewer in Fre- mont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub. and southerly to Wartburg Place and in Wartburg Place southerly from Fre- mont Avenue to Lot 1 of 1 of 2 of M. L. 139: Bid of James F. Lee, 1980 Lin. Ft. 6 inch vitrified tile @ $2.20 per Lin. Ft.—$4,356.00, sixteen 6" x 4" Y branches @ $1.50 each—$24.00, 8 brick manholes complete @ $85.00 each — $680.00, 350 'Sq. Ft. concrete sidewalks 4" thickness @ 20 cts. per Sq .Ft.— $70.00, 825 Sq. Ft. concrete driveways 6" thickness @ 25 cts. per Sq. Ft•— $206.25, 14 Sq. Yds. Asphalt Pavement @ $1.50 per Sq. Yd.—$21.00, Total bid $5,357.25; Bid of Thos. Flynn Coal Company, 1980 Lin. Ft. 6 inch vitrified tile @ $2.40 per Lin. Ft.—$4,752.00, sixteen 6" x 4" Y branches @ $2.00 each —$32.00, 8 brick manholes complete @ $100.00 each $800.00, 350 Sq. Ft. con- crete sidewalks 4" thickness @ 20 cts. per Sq. Ft.—$70.00, 825 Sq. Ft. con- crete driveways 6 thickness @ 25 cts. per Sq. Ft.—$206,25, 14 Sq. Yds. As- phalt Pavement @ $1.50 per Sq. Yd.— $28.00, Total bid—$5,888.25. Resolution No. 122-41. Resolution awarding contract for the construction of a six (6) inch vitrified tile sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub, and southerly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139 to James F. Lee, he being the lowest bidder, presented and read. Councilman Thompson moved that the resolution be approved and placed on file for one week before its final adop- tion. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of notice of hearing up- on the plans and specifications, form of contract, and cost of construction of a six inch vitrified tile sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to four hundred and seventy (470) feet north, presented and read. No written objections filed and no objectors present in the Council Chamber. Councilman Murphy moved that the proofs of publication be re- ceived and filed. Seconded by Council- man Thompson. Carried by the fol- lowing votey Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of notice of pendency of Resolution of Necessity and hearing upon proposed plans and specifications, form of contract and cost of construc- tion of a six (6) inch vitrified tile sani- tary sewer in Kane Street from the present manhole in Kaufmann Avenue to four hundred and seventy (470) feet north, presented and read. No written objeections filed and no objectors pres- ent in the Council Chamber. Council- man Murphy moved that the proofs of publication be received and filed. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Resolution No. 123-41. Resolution containing decision of Council upon ob- jections to plans, specifications, form of contract and cost of construction of a six inch vitrified tile sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to four hundred and seventy (470) feet north, presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Resolution No. 115-41. Resolution of Necessity for the construction of a six inch vitrified tile sanitary sewer in Kane Street from the present manhole in Kaufman Avenue to four hundred and seventy (470) feet north, said reso- lution having been approved on Sep- tember 11th, 1941 and ordered placed on file for final action, presented and read. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 124-41. Resolution ordering construction and directing the City Clerk to advertise for proposals for the construction of a six inch vitri- fied tile sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to four hundred and seventy (470) feet north, presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Regular Session, October 6th, 1941. Communication of Marian Remus submitting claim in the amount of $8.00 for damages received to personal prop- erties in front of 525 Loras Boulevard caused from tar covering the sidewalk and tar and gravel placed by the City between the curb and walk to prevent a washout of soil, presented and read. Councilman Murphy moved that the claim be referred to the City Solictior for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. City Solicitor Kintzinger submitted a verbal recommendation that the claim of Marian Remus in the amount of $8.00 be allowed and that the City Au- ditor be instructed to draw a warrant in said amount in favor of Marian Remus as settlement in full of her claim. Coun- cilman Wharton moved that the recom- mendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $8.00 in favor of Marian Remus as settlement in full of her per- sonal property claim. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Communication of H. J. Eiffes sub- mitting claim in the amount of $14.00 for injuries received by Patricia Eiffes caused in falling over a small wire fence which was around the corners of the lawn in front of Municipal Swimming Pool Building, presented and read. Councilman Wharton moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried Van tthe following vote: Yeas—Mayor Duelman, Councilmen Murphy, Scheul- ler, Thompson, Wharton. Nays—None. Communication of Board of Dock Commissioner urging that the City Solicitor, or whoever the Council may designate, render a legal opinion with respect to the validity of the Ordinance under which the Dock Board is oper- ating and which provides for the rental fees now in dispute, presented and read. Councilman Thompson moved that the communication be referred to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, ThomP- son, Wharton. Nays—None. Communication of Carl Keul. General Organizer, International Union and Trustee of Local No. 421 of the Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen IowadaHend 1p- ers of America, Dubuque, questing that the beer permit issued be 239 cancelled and that there will be no re- newal of said permit in the future under the name of the said Local Union, pre- sented and read. Councilman Murphy moved that the communication be re- ferred to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Communication of Clarriet Ridgeway, Child Welfare Worker: Dubuque Coun- ty Department of Social Welfare, urg- ing very strongly that steps be taken at once to improve sanitation and hous- ing for a group of six families living in trailers or shacks near the saw mill op- erated by Clarence Bahl on Highway 151 south of Dubuque but within the city limits and located near Morocco Inn, presented and read. Councilman Wharton moved that the communica- tion be referred to the Health Director and Board of Supervisors. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson Wharton. Nays—None. Communication of Mrs. Mae Serene advising Council that she purchased the property on the southeast corner of Fourth and Bluff Streets for the pur- pose of making two four -room apart- ments and has made application to the Zoning Commission for a permit and has been unable to get any action, and hoping that the City Council may see fit to act favorably on her application, presented and read. Councilman Whar- tton refer referred the ed t Board of Adjustment for their recommendation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Communication of Walter P. Asmus- sen, calling the attention of the City Council to the alley running from Blake Street to Alta Vista Street which is back of Kirkwood Street and requesting Council to look into the matter of drain- age of this alley as the water is drain- ing into his property causing consider- able damage, presented and read. Coun- cilman Schueller moved that the com- munication , be d to econded Council by to view the grounds. Carried by the C o u n c i lm an voMe rp Yeas—Mayor Van following Duelman, Councilmen Murphy Schuel- ler, Thompson, Wharton. Nays—None. Petition of Nic Kintzinger, request- ing a refund in the amount of $75.00 on his cigarette license No. 161, to cover 1st, the unexpired period as fie hdis- 1941 to July 1st, 19 and read. continued business, presented 240 Regular Session, October 6th, 1941. Councilman Murphy moved that the re- quest be granted and the City Aud:t,jr be instructed to draw a warrant in the amount of $75.00 in favor of Nic Kintz- inger to cover the amount of refund granted on his cigarette license to cover the unexpired period from Octo- ber 1st, 1941, to July 1st, 1942. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Petition of Frank Reuter, Frank Reu- ter and Clara Reuter, requesting a re- fund on their tavern license at 2616 Windsor Avenue as they have disposed of said tavern on September 29th, 1941, presented and read. Councilman Thompson moved that the request be granted and the City Auditor to be in- structed to draw a warrant in the amount of $150.00 in favor of Frank Reuter to cover the amount of refund granted on the tavern license of Frank and Clara Reuter for the unexpired pe- riod from October 1st, 1941, to July 1st, 1942. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. mit as he has discontinued business as of September 30th, 1941, and stating that it is not his intention to seek re- newal of his Beer Permit now or later, presented and read. Councilman Thompson moved that tthe request be granted and the City Auditor to be in- structed to draw a warrant in the amount of $200.00 in favor of Joseph W. Hanten to cover the refund on his de- posit accompanying his application for renewal of his Class "B" Beer Permit. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Petition of Leo H. Mohr, et al, re- questing the City Council to investigate the deplorable condition of the storm sewer known as the Bee Branch at the corner of Fast 22nd Street and the C. G. W. R. R. Company tracks, pre- sented and read. Mr. Leo Mohr ad- dressed the Council, stating that the conditions as complained of in their pe- tition are deplorable and should be remedied immediately. Councilman Wharton moved that the petition be referred to the City Manager for in- vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Frank F. Leonard, re- ferred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1940 taxes on Lot 5 of 2 of City Lot 720, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Mrs. C. Berwanger, et al, requesting that the Street Commission- er be instructed to view the condition of King Street and to make such im- provements that will permit pedestrian and vehicle traffic presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of the Fighting Back Chap- ter, Disabled American Veterans of the World War, requesting permission for that holding of their Annual Forget - Me -Not -Drive on Saturday, October 18th, 1942 presented and read. Coun- cilman Murphy moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman. Petition of Fred Herber, requesting a refund on cigarette license No. 156 as he has discontinued business as of September 27th, 1941, presented and read. Councilman Thompson moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Fred Herber to cover the amount of refund granted on his cigarette license for the unexpired period from October 1st, 1941, to July 1st, 1942. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Joseph W. Hanten, re- questing a refund in the amount of $75.00 on his cigarette license No. 39 as he has discontinued business as of September 30th, 1941, presented and read. Councilman Thompson moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Joseph W. Hanten to cover the amount of refund granted on his cigar- ette license for the unexpired period from October 1st, 1941, to July 1st, 1942. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphv, Schueller, Thompson, Wharton. Nays—None. Petition of Joseph W. Hanten, re- questing the refund of his deposit of $200.00 accompanying his application for renewal of his Class "B" Beer Per- Regular Session, October 6th, 1941. Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Communication of the Mississippi Valley Association extending an invita- tion to the Honorable Mayor and Mem- bers of the City Council to attend the annual meeting of the Mississippi Val- ley Association to be held in St. Louis, Missouri, on October 27 and 28, pre- sented and read. Councilman Thomp- son moved that the communication be referred to the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Grant and Easement Know All Men By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa: a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 1 of I of 1 of 16, Lot I of 1 of 9, Lot I of the Sub. of the S. 80' of Lot 8 and of Lot 3 of 1 of 9. All in Mt. Pleasant Add., in the City of Dubuque, hereby grants and conveys to said City of Du- buque, a perpetual right of easement, in, over and across said Lot 1 of 1 of 1 of 16, Lot 1 of 1 of 9, Lot 1 of the Sub. of the S. 80' of Lot 8 and of Lot 3 of 1 of 9. All in Mt. Pleasant Add., for the purpose of constructing and maintain- ing -storm water sewer and appurte- nances, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, howev- er, that said City of Dubuque shall re- place whatever earth, sod or shrubbery that may be disturbed in the installa- tion or repair of said storm water sewer and appurtenances to as good condition as it was in before the same was dis- turbed. This Grant 'of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. (Signed) ROSA JUNGWIRTH JOSEPH JUNGWIRTH State of Iowa, Dubuque County, ss: Be It Remembered that on this 30th day of September, 1941, personally ap- peared before and for Dubuque CountyaNotary Joseph Jungwirth and Rosa Jungwirth, who are personally known to me and ac- knowledged that they executed the fore- going instrument as their voluntary act and deed. GERALDINE L. DEMKIER, Notary Public in and for Dubuque County, Iowa. En 241 Councilman Thompson . moved that the Grant and Easement be accepted and ordered recorded with the County Recorder. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Grant and Easement. Know All Men By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 1 of 2 of 1 of 16, Mt. Pleasant Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lot 1 of 2 of 1 of 16, Mt. Pleasant Add., for the purpose of constructing and maintaining storm water sewer and appurtenances, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said storm water sewer and appur- tenances, to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, pur- chasers and assigns forever. (Signed) AUGUST REIS ELIZABETH REIS State of Iowa, Dubuque County, ss: Be It Remembered that on this 30th day of September, 1941, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, August Reis and Elizabeth Reis, who are per- sonally known to me and acknowledged that they executed the foregoing as their voluntary act and deed. GERALDINE L. DEMKIER, Notary Public in and for Dubuque County, Iowa. Councilman Thompson moved that the Grant and Easement be accepted and ordered recorded with the County Recorder. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Grant and Easement. Know All Men By These Presents: That In consideration oaf Dubuque, Iowain na paid by the receipt municipal herebatiac acknowledged, the whereof is hereby 242 Regular Session, October 6th, 1941. undersigned being the owner of Lot 2 of 2 of 1 of 16, Mt. Pleasant, Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lot 2 of 2 of 1 of 16, Mt. Pleasant Add., for the purpose of constructing and maintaining storm water sewer and appurtenances, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said storm water sewer and appur- tenances, to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. (Signed) ALPHONE M. SCHMIDT CLARA E. SCHMIDT ALOIS M. HOFFMANN ORDINANCE NO. 26-41. An Ordinance establishing a grade on Cannon Street from the west property line of South Locust Street to the west property line of Laurel Street. Be It Ordained by the City Council of the City of Dubuque: State of Iowa, Dubuque County, ss: Be It Remembered, That on this 30th clay of September, 1941, personally ap- peared before me, a Notary Public, in and for Dubuque County Iowa, Al- phonse M. Schmidt, Clara E. Schmidt and Alois M. Hoffmann, who are per- sonally known to me and acknowledged the foregoing instrument as their vol- untary act and deed. GERALDINE L. DEMKIER, Notary Public in and for Dubuque County, Iowa. Councilman Thompson moved that the Grant and Easement be accepted and ordered recorded with the County Recorder. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Council Proceedings for the month of July, 1941, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of July, 1941, be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson Whar- ton. Nays—None. Ordinance No. 26-41. An Ordinance establishing a grade on Cannon Street from the west property line of South Locust Street to the west property line of Laurel Street, said ordinance having been passed upon first and second read- ings on September 22nd, 1941, and or- dered placed on file with the City Clerk for public inspection for at least one week before its final aoption, presented and read a third time. Section 1. That a grade on Cannon Street from the west property line of South Locust Street to the west prop- erty line of Laurel Street, be, and the same is hereby established and .adopted as shown by the profile of said street and grade prepared by the City Engi- neer, being Profile No. 1301, B. M. on the top cement step N. E. corner in front of 905 Laurel Street-; Elevation 855.37. Said grade begins at the west property line of South Locust Street which is Station 0. North curb eleva- tion 847.57, south curb elevation 850.2; thence to station 1 plus 00, north and south curb elevation 850.7; thence to station 3 plus 00, north and south curb elevation 85.17; thence to station 5 plus 07.8, east property line of Laurel Street, north curb elevation 850.2, south curb elevation 850.7; thence to station 5 plus 40.8, west property line of Laurel Street, north curb elevation 850.2, south curb elevation 850.7. Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ings September 22nd, 1941. Passed, adopted and approved Octo- ber 6th, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald and The Daily Tribune news- papers, this 9th day of October, 1941. J. J. SHEA, 10-9-1t. Citv Clerk. Councilman Murphy moved the adop- tion of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No. 27-41. An Ordinance establishing a grade on Laurel Street from the north property line of South Grandview Avenue to the north prop- Regular Session, October 6th, 1941. erty line of Cannon Street, said ordi- nance having been passed upon first and second readings on September 22nd, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final aoption, presented and read a third time. ORDINANCE NO. 27-41. An Ordinance establishing a grade on Laurel Street from the north prop- ertyt line of South Grandview Avenue to the north property line of Cannon Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Laurel Street from the north property line of South Grandview Avenue to the north property line of Cannon Street, be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1302, B. M. on the top cement step N. E. corner in front of 905 Laurel Street, elevation 855.37. Said grade begins at the north property line of South Grandview Ave- nue, which is station 0. East curb elevation 853.48, west curb elevation 853.23; thence to station 1 plus 05, east and west curb elevation 855.11; thence to station 1 plus 30, east and west curb elevation 855.2; thence to station 1 plus 55, east and west curb elevation 854.66; thence to station 2 ]pus 72.8 which is the south property line of Cannon Street, east and west curb elevation 850.7; thence to station 3 plus 36.8 which is the north property line of Cannon Street, east and west curb elevation 850.0. Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ings September 22nd, 1941. Passed, adopted and approved Octo- ber 6th, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald and The Daily Tribune news- papers, this 9th day of October, 1941. J. J. SHEA, 10-9-1t. City Clerk. 243 Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No. 28-41. An Ordinance establishing a grade on Eleanor Street from the south property line of South Grandview Avenue to four hundred and eighty-seven (487) feet south, said or- dinance having been passed upon first and second readings on September 22nd, 1941, and ordered placed on file with -the City Clerk for public inspec- tion for at least one week before its final aopttion, presented and read a third time. ORDINANCE NO. 28-41. An Ordinance establishing a grade on Eleanor Street from the south proprty line of South Grandview Ave- nue to four hundred and eighty-seven (487) feet south. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Eleanor Street from the south property line of South Grandview Avenue to four hun- dred and eighty-seven (487) feet south, be, and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1303. B. M. R. R. spike in Elm tree at N. Curb line South Grandview Avenue opposite Eleanor Street, Elevation 101.40. Said grade beigns at the south property line of South Grandview Ave- nue, which is Station 0, east and west curb elevation 100.30; thence to Station 1 plus 00, east and west curb elevation 98.0; thence to station 4 plus 50, east and west curb elevation 81.40; thence to Station 4 plus 87, east and west curb elevation 81.10. Section 2. This Ordinance shall be in force and effect ten (10) days from end after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second reod- ings September 22nd, 1941. Passed, adopted and approved Oc- tober 6th, 1941. FRANK VAN DUEL � yor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J• J• SHEA, City Clerk. 244 Regular Session, October 6th, 1941. Published officially in the Telegraph - Herald and The Daily Tribune news- papers this 9th day of October, 1941. J. J. SHEA, 10-9-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—The matter of providing a sewer in Dodge Street from the pres- ent manhole in Stetmore Street easterly and southerly to a point approximately 90 feet northerly of the northerly line of Fremont Avenue has been worked out by the interested parties entering into a private contract for the construc- ion of the sewer. For the record of the City and the protection of the persons paying for the construction of this sew- er, it is necessa,y that proper proceed- ings be made a matter of Council rec- ord. I recommend that an Ordinance be drafted granting the interested parties permission to construct a six-inch vitri- fied tile sanitary sewer in Dodge Street from the present manhole in Stetmore Street easterly and southerly to a point approximately 90 feet northerly from the northerly line of Fremont Avenue and regulating such permission. A pro- vision should be included that applica- tion must be made to the City Council for the right to connect with this sewer and that payment for the applicant's proportionate share of the cost of con- structing this sewer be established to the satisfaction of the City Council be- fore the right to connect shall be granted. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved and the City Solicitor be instructed to prepare a proper ordinance. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—In accordance with your instructions, negotiations were entered into with the Roshek Realty Company for the leasing of City Lots 629 and 630 located on the west side of Locust Street between 8th and 9th Streets for the purpose of establishing a municipal parking lot. Herewith submitted for your consideration is a lease and agree- ment with the Roshek Realty Company providing for the rental of the property for $100.00 per month. I recommend that the lease be ap- proved by the City Council and that authority be granted to proceed with the placing of the property in a suitable condition as a parking lot at the ear- liest possible date. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and that the Mayor be authorized to execute said Lease and Agreement on behalf of the City of Dubuque, Iowa. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held September 2, 1941, the petition of the Carr, Adams & Col- lier Company requesting permission to install pipes, power cables and tanks under Elm Street at the south side of 11th Street and thence along the south side of 11th Street to the southeast cor- ner of 11th and Washington Streets and to carry pipes along the south side of their building on Washington Street to a point about 152 ft. south was referred to the Council to view the grounds. The Council viewed the site and decid- ed to grant the request. I recommend that the action of the Council be confirmed and the City So- licitor be instructed to prepare the proper proceedings. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and that the decision of the Council be confirmed and that the City Solicitor be instruct- ed to prepare a proper ordinance. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — At the session of the City Council held September 2, 1941, the petition of James A. Saul, et al, re- questing the installation of a street light Regular Session, October 6th, 1941. at the intersection of Plum Street and Cleveland Avenue was referred to the Council to view the grounds. The Council viewed the premises and de- cided to grant the request and order the installation of a street light at the above inersection. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and that the decision of the Council be confirmed. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — At the session of the City Council held September 2, 1941, the petition of Clarence N. Hocking, et al, requesting the opening and grad- ing of the alley between O'Neill Street and Groveland Place from Burden Street to Brunswick Street was re- ferred to the Council to view the grounds. The Council viewed the premises and decided to deny the peti- tion unless it be preliminary to the surfacing of the alley. I recommend that the decision of the Council be confirmed. Respectfully submitted, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and that the de- cision of the Council be confirmed Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. September 241 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Katie A. Miller, for suspension of Taxes on Lot 9-10 Johnson Sub., City of Dubuque. asking that the 1940 taxes be suspended because of age and infirmity, om- mend that the Petition should be ap- proved by the City Council of the City of Dubuque and notification of such visorsval of given to the Boarof Dubuque County, Iowauper- Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. 245 Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved and that the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Alfred Wunder for Suspension of Taxes on Lot 26 of the Finley Home Addition to Dubuque asking that the 1939-40-41 taxes be sus- pended. There is no provision in the Statute for cancellation of taxes for the reason set forth in his petition. Section 6950 of the Code makes certain provisions with reference to petitions and exemp- tion from taxes. I recommend that the City Council do not approve this petition and the Supervisors of Dubuque County be no- tified of the action of the City Council. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and that the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 125-41. Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of saidAddress Name r Joseph Roscamp, S •, 2220 University Avenue. 336 Main Street. Mrs. Margaret Clancy, William Spear, 1654 Central Avenue. Loras College, 655 Loras Boulevard. Be It Further Resolved, That the bonds filed with the applications be approved. roved this 6th day aofeOc October, approved 1941. FRANK VAN DUELMMAN, F. W. THOMPSON, BLA*SCHUELR, LE GEO. R. ELLER, Attest: J. J. SHEA, City Clerk. :V 246 Regular Session, October 6th, 1941. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 126-41. Whereas, applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined Now, Therefore, Be It Resolved, by the Council of the City of Dubuque that the following ap- plications be and the -same are hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. Class "B" Permit. Name Address Millard and Lucille Poquette, 951 Main Street (Transfer of address from 923 Main Street.) Merrill Chapman and Myrtle Chapman, 2616 Windsor Avenue. Carl Baumgartner and John Baum- gartner, 1543 Central Avenue. Mrs. Margaret Clancy, 336 Main Street. Eugene P. McCann and Katherine Mc- Cann, 802 Iowa Street. Joseph Roscamp, Sr., 2220 University Avenue. Charles Peed and Anna Peed, 1389 Elm Street. Passed, adopted and approved this 6th day of October, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson Wharton. Nays—None. Resolution No. 127-41. following named applicants a Beer Permit. Class "B" Permit. Name Address Merrill Chapman and Myrtle Chapman, 2616 Windsor Avenue. Carl Baumgartner and John Baumgart- ner, 1543 Central Avenue. Mrs. Margaret Clancy, 336 Main Street. Eugene P. McCann and Katherine Mc- Cann, 802 Iowa Street. Joseph Roscamp, Sr., 2220 University Avenue. Charles Peed and Anna Peed, 1389 Elm Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 6th 'day of October, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Whereas, heretofore applications were filed by the witthin named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordi- nances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the Application of the Union League Club for a Class "B" Beer Permit for Private Club presented and read. Coun- cilman Murphy moved that the appli- cation be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton Nays—None October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—Pursuant to the adver- tisement, sealed bids were received un- til 10:00 A. M., September 11, 1941, for furnishing a 750 G. P. M. Triple Combination Pumping Engine for the Fire Department. At the session of the City Council held the same evening, the City Manager and Chief of the Fire Department were instructed to prepare a tabulation of the bids received and to submit their recommendation for the purchase. Hereto attached is a tabulation of the bids received, showing the prices and the essential data on the various types of equipment offered by the bidders. We have studied the various bids and recommend that the contract for the fur- nishing of the 750 G. P. M. Triple Com- bination Pumping Engine be awarded to The Seagrave Corporation, their bid being the lowest received. Should the Regular Session, October 6th, 1941. 247 Council decide to purchase a cab, the seven man cab is available for an ad- ditional sum of $475.00, in which event a credit of $290.00 would apply because of the fact that the rear windshield and the suburban loops could then be elim- inated. This price for the added cab is also the lowest price received for cab equipment. Respectfully submitted, A. A. RHOMBERG, City Manager. WM. L. RYAN, Fire Chief. Councilman Murphy moved that the communication of City Manager Rhomberg and Fire Chief Ryan be re- ferred to the Council for consideration. Councilman Wharton moved that in view of no second to the motion of Councilman Murphy, that the recommendation of City Manager Rhomberg and Fire Chief Ryan be approved and that a contract be entered into with the Seagrave Cor- poration for the purchase of a 750 G. P. M. Triple Combination Pumping Engine. No second to the motion of Councilman Wharton. Councilman Thompson then seconded the motion of Councilman Murphy. Carried by the following vote: Yeas—:Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson. Nays — Councilman Wharton. Petition of Dubuque Packing Com- pany requesting the City Council to va- cate Cedar Street from the north line of East 16th Street to the south line of East 19th Street: to vacate East 18th Street from the east line of the alley first west of Cedar Street to the west line of Sycamore Street; to vacate East 17th Street from the west line of the alley first west of Cedar Street to the west line of Cedar Sreet; to vacate that part of the alley lying between Cedar and Sycamore Streets from East 19th Street to East 18th Street and to con- vey said vacated areas to Dubuque Packing Company, presented and read. Attorney M. H. Czizek representing the Dubuque Packing Company, addressed the Council in support of the two peti- tions filed, the one from the Chicago, Milwaukee, St. Paul and Pacific Rail- road Company requesting permission to construct, operate and maintain Indus- try Spur Tracks and requesting that said ordinance be passed upon first and second readings in view of the fact that no property is affected by the construc- tion of said tracks. Councilman Mur- phy moved that the petition of the Du- buque Packing Company be referred to the Planning and Zoning Commission for their recommendaiton and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Special Ordinance, Ordinance No. 29- 41. An Ordinance granting to Henry A. Scandrett, Walter J. Cummings and George I. Haight, as Trustees of the property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, their successors and assigns, the right to construct, maintain and operate Indus- try Spur Tracks in, upon, and across East 19th Street, Sycamore Street, East 18th Street, Cedar Street, the Alley lo- cated East of Cedar Street and North of East 18th Street, and over and across "B" Branch Sewer, defining the conditions of such grant; and de- claring an emergency, Presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. Councilman Thompson moved that the rules be suspended, requiring an ordinance to be read on three sepa- rate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. The or- dinance was then read a second time. Councilman Thompson moved that the reading just had be considered the sec- ond reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. 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 Murphy. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Whar- ton. Carried by the following vote: YeasMavor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. J. J. SHEA, City Clerk. ApprovedJ�� 941 1Jy,,. Pll� (c, _1941 Adopted f_f�_v_rL Y_G+nn.C(���tiG�Lyyi (/yl��_ � el / sY� rJD7 Councilmen% Attest---�j-- City Clerk. j crvt- 248 Special Session, Octobe.r 10th, 1941. City council (Official) Special Session, October 10th, 1941. Council met at 8:50 P. M. Present—Mayor Van Duelman, Coun- ,cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Wharton and Thompson. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the bids submitted for the resurfacing of West Third Street from the east property line of Burch Street to the west property line of Alpine Street South and acting on any other business as may properly corrLe before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of the notice to con- tractors of the receipt of proposals for the resurfacing of West Third Street from the east property line of Burch Street to the west property line of Al- pine Street South presented and read. Councilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None., October 10th, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—Pursuant to Resolution No. 118-41, sealed bids were received until 10:00 A. M., October 10, 1941, for the resurfacing of West Third Street from the east property line of Burch Street to the west property line of Al- pine Strteet south. Attached is the tabulation of the only bid received. I recommend that the contract be awarded to the Thos. Flynn Coal Co. The bid price of $19,308.10 is $1,111.60 less than the engineer's estimate of $20,419.70. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Schueller moved that on account of only one bid being received for the resurfacing of West Third Street that action be deferred till Spring and that the street be tempor- arily repaired. No second to the mo- tion. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Councilmen Murphy, Thompson, Wharton. Nays— None. Mayor Van Duelman and Councilman Schueller not voting and stating that in their opinion there should be more than one bid received on this work before a contract be en- tered into by the City of Dubuque. Bids for the resurfacing of West Third Street from the east property line of Burch Street to the west prop- erty line of Alpine Street South: Bid of Thos. Flynn Coal Co.; Class B con- crete 100 Cu. Yds. @ $8.00 per Cu. Yd. —$800.00; Concrete sidewalks 1000 Sq. Ft. @ 20 cts. per Sq. Ft.—$200.00; Concrete driveways 150 Sq. Yds. @ $2.25 per Sq. Yd.—$337.50; Concrete Curb 6" x 18", 300 Lin. Ft. @ $1.25 per Lin. Ft.—$375.00; Sheet Asphalt Pave- ment, including preparation and As- phalt Paint coat 8442 Sq. Yds. @ $1.80 per Sq.Yd.—$15,195.60; Asphalt Binder 300 tons @ $8.00 per ton—$2,400.00— Total bid $19,308.10. Resolution No. 129-41. Resolution awardi'ng contract to Thos. Flynn Coal Co. for the resurfacing of West Third Street from the East property line of Burch Street to the west property line of Alpine Street South presented and read. Councilman Wharton moved that the resolution be approved and placed on file for one week. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Councilmen Murphy, Thompson, Wharton. Nays— Mayor Van Duelman, Councilman Schueller. Dubuque, Iowa, October 6, 1941. Dubuque City Council, Dubuque, Iowa. Hon. Sirs—We wish to take this means of thanking you and Mr. A. A. Rhomberg for your part in our Labor Day Parade. The parade was a suc- cess, and it was with your help that it made it such. Again thanking you for your co-operation and past favors, Sincerely yours, ELROY H. GRASHORN, I Secretary. Councilman Thompson moved that the communication be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman. Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Communication of The Dubuque Council of Churches commending the City Council upon their action in sup- pressing gambling by t machines . theslo and other means in Cit of Du- buque and asking Council tKat they continue their efforts directed toward the illegal sale of liquor and gambling N zA Special Session, October 10th, 1941. in all its forms, presented and read. Councilman Murphy moved that the communication be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Francis P. Quinn, M. D., et al, Oculists and Optometrists of Du- buque, requesting the City Council to pass an ordinance regulating and gov- erning the advertising of eyeglasses, lenses, and materials used for Ophthal- mic purposes and providing a penalty for violation thereof, presented and read. Councilman Murphy moved that the petition be referred to the City So- licitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas -- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. October 7, 1941. Honorable Mayor and Councilmen. Dubuque, Iowa. Gentlemen — I have been informed that a request is to be made: 1. For the closing of the alley between Cedar and Sycamore from 18th to 19th. 2. To close East 17th from Cedar West to the alley. 3. To vacate Cedar from 16th to 19th Street. 4. To close 18th Street from the alley West of Cedar to West line of Sycamore. I have been asked how such pro- posed action would affect my place of business. I wish to inform you that I have no objections to such proposed plans providing: 1. That Lynn Street is made suitable for travel. 2. That 18th Street is kept open until Lynn Street is made suitable for travel, and 3. That permission be given for pas- sage over 18th Street as long as actual closing of this street is not found ne- cessary. Respectfully yours, E. E. FRITH CO., Per E. T. Frith. Councilman Thompson moved that the communication be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 10th. 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Wa- terworks, also a list of claims and pay- rolls for which warrants were drawn during the month of September, 1941. Respectfully submitted, A. A. RHOMCity Manager. 249 Councilman Thompson moved that the reports be received and filed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. October 9, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Frank E. Leonard, for Suspension of Taxes on Lot 5 of 2 of City Lot 720, asking that the 1940 taxes be suspended because of age and infirmity, I recom- mend that the Petition be approved by the City Council of the City of Du- buque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved and the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 9, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen—With reference to the Application of the Trustee of the Local Union No. 421 of the International Brotherhood of Tcamsters, Chauffeurs, Warehousemen and Helpers of Amer- ica, Dubuque, Iowa, asking that a beer permit issued to them some time ago be cancelled, I recommend.that the re- quest be granted and the beer permit so issued be cancelled. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Wharton. Carried by the following vote. Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 9, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen —With reference to the application for Class "B" Beer Permit for Class "B" Beer Permit for Private Club, filed by the UnionLeague Club, and I have examined the appLic documents attached thereto, ionncluding the report of the Chief of Police, and 250 Special Session, October 10th, 1941. find that the application and showing is in due and legal form, and that the Council may issue a permit to said Club as requested. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the communication of City Solicitor Kintz- inger be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 129-41. Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applica- tion be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit For Private Club Name Address Union League Club, 400 Iowa Street. Passed, adopted and approved this 10th day of October, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson. Nays — Councilman Wharton. Resolution No. 130-41. Whereas, heretofore application was filed by the within named applicant for Class "B" Beer Permit and it has re- ceived the approval of this Council; and Whereas, the premises to be occu- pied by such applicant have been in- spected 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 Manager be and lie is hereby directed to issue to the following named applicant a Beer Permit. Class "B" Permit For Private Club. Name Address Union League Club, 400 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 10th ay of October, 1941. FRANK VAN DUELMAN, F. W. THOMPSONMayor. , B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Attorney John A. Cunningham, representing the Nine - Ninety Club addressed the Council and requested that the record show that he entered his appearance and questions the right of this Council by this motion to discriminate against a pending appli- cant filed previous to the application being acted upon. Motion carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson. Nays — Councilman Wharton. September 19, 1941. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — With reference to the Application for Class "B" Beer Permit for Private Club, filed by the Nine - Ninety Club together with the report of Chief of Police directed to the City Manager and Members of the City Council, dated September 10, 1941, re- ferred to me for investigation and re- port, I beg to make the following re- port: The Statute provides: "Sec. 1921.099. Power is hereby granted to Cities and Towns . . . to issue the Class "B" permits ... within their respective limits." "Sec. 1921.110. Beer Permits to Clubs. Cities and Towns ... shall upon proper application, issue to a club within their respective limits a Class "B" permit for the sale of beer for consumption on the prem- ises, subject to the provisions of this chapter." Sec. 1921.112 prescribes the kind and character of application to be filed. The form of the application filed in the present instances meets the require- ments of the Statute. The showing made in the application, we find: "2. Location of premises: 4th Poor, 880 Locust Street, to be built on the present building." The report of the Chief of Police states: "The premises to be occupied by this club is to be the 4th floor, 880 Locust St., and is owned by Mr. O. G. Schrup and occupied by him. Special Session, October 10th, 1941. To the best of my knowledge this is a three-story building, the first floor used in housing the Dr. Pep- per Bottling Co. and the remaining floors used for automobile storage. There in no 4th floor." If the Council should see fit to grant the application for Class "B" Club Per- mit in this case, the above is a techni- cality which may be waived by provid- ing, if and when such permit is issued, the same shall be issued until such 4th floor is built and ready for occupancy. It further appears from the applica- tion: 11 8, Is the Club operated for pecuni- ary profit? No." "9. Is the club a proprietary club? No." The report of the Chief of Police states: "A number of persons whose names are listed as members of this Club have been interviewed concerning the purposes for which this club was organized. They state that some time ag they were asked their consent to have their names listed as members for the purpose of or- ganizing a club so as to enable Stoltz and Zillig, operators of a beer tavern at 234 West 9th Street, to secure a club permit at some future date. None of the persons interviewed have ever attended meetings, have never paid any dues, nor know of, nor have received any benefits." "From the information obtained through these interviews it is ob- vious that the inherent purpose for which this club was organized is for the pecuniary gain of a few. The persons interviewed are re- sponsible citizens personally known by the person submitting this re- port." The Statute provides (1921.111): "b. No club shall be grarted a Class "B" permit under this chap- ter; if it is a proprietary club or operated for pecuniary profit. The application further states: "12. Does the club have a perma- nent local membership of not less than 50 adult members? Yes." "15. Was this application approved by the majority of the bona fide members of the club present at'a regular meeting, or at a special meeting, or at a special meeting called to consider same? Yes. The report of the Chief of police states "These persons further state that very recently they received through the mail a letter stating that a meeting would be held on Sept. 10, 1941, for the purpose of voting on the question of a beer permit. They were instructed in this letter that in event they would be unable to at - card tend to use the enclosed post 251 voting in favor of same. The meet- ing was to be held at 234 West 9th Street, and the communication was sent out by Geo. Zillig, Secretary and Treasurer, who in partnership with Ray Stoltz operate a tavern at this address. A copy of this communication has been given me by the recipient thereof and is at- tached to this report, together with his statement denying membership therein. Many of the persons inter- viewed stated they would not at- tend the meeting nor would they interest themselves in any manner." Sec. 1921.111 of the Code of 1941 provides that no club shall be granted a Class "B" permit. "d. Unless such club has a perma- nent local membership of not less than fifty adult members." "e. Unless the application for such permit is approved by a majority of the bona fide members of such club who are present at a regular meeting or a special meeting called to consider the same. An opinion of the Attorney General of the State of Iowa, rendered April 30, 1937, stated: "It is our opinion that no club can be granted a Class "B" permit un- der the existing beer law unless it complies with all the requirements set out in Sec. 1921.111 of the Code. The language of the Statute is clear in its requirement that each of the subsections is to be met." "Sec. 1921.111 Class "B" Permits. No club shall be granted a class "B" per- mit under this chapter: a. If thte buildings occupied by such club are not wholly within the territorial limits of the city, town or special licat oncharter made; to hich such app provided, however, that a golf or country club whose buildings are located outside the territorial limits of the city, town or special charter city, may be issued a class "B" permit by the local board of supervisors, and further provided, that all of the permit fees authorized under this paragraph shall be collected and retained by the county in which such golf or country club is located and credited to the general fund of said county and provided further, that such golf or country club shall comply with the restrictions containe in the succeeding para- graphs of this section. b. If it is a proprietary club, or operated for pecuniary profit. c. Unless it is incorporated under the laws of the State of Iowa, and its charter is in full force regularly ef- fect, and/or excepting brancheschartered nationally incorporated organizat ons 252 Special Session, October 10th, 1941. d. Unless such club has a perma- nent local membership of not less than fifty adult members. e. Unless the application for such permit is approved by a majority of the bona fide members of such club who are present at a regular meet- ing, or a special meeting called to consider the same. f. Unless it was in operation as a club on the first day of January, A. D., 1934, or being thereafter formed, was in continuous opera- tion as a club for at least two years immediately prior to the date of its application for a Class "B" per- mit." .'►�' The report ofltl a Chief of, Police fur- ther states: "The' Vice President and the Sec- retary Treasurer of this club as named in the application are now, and have been engaged in the tav- ern business, as partners, at 234 West 9th Street, operating under permit No. 40." The Code provides: "1921.102 Prohibited Interest. It shall be unlawful for any person or persons to be either directly or in - interested in more than one class of permit." If the holder of a Class "B" permit is also interested directly or indirectly in a Class "B" Club Permit, this would constitute a violation of the above sec- tion and would subject the guilty party to the provisions of Sec. 1921.129 which provides for revocation of permits. Also such violators, upon conviction, would be subject to the penalties for violation of the provision of Chapter 93.2, as provided by Sec. 1921.129 and amendments thereto. The City Council has the right to grant permits to clubs when they are satisfied that all of the requirements of the laws have been met. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Thompson moved that the report of City Solicitor Kintzinger be received and placed on file. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Attorney John A. Cun- ningham, representing the Nine -Ninety Club, addressed the Council and re- quested that the record show the fol- lowing: Mr. City Manager, how many Club Permits are there in the City of Dubuque? About ten permits, aren't there? Answer by City Manager: 1 would want to consult the records be. fore stating how many. How longi have you been City Manager? Answei by City Manager: Over three years Do all of these applicants for Class "B" Permits for Private Clubs have a re- port from the Chief of Police and an opinion from the City Solictior? An- swer the question Yes or No. Answer of City Manager: There are similar cases when the Council requested such reports. Councilman Murphy moved that the application of the Nine -Ninety Club for a Class "B" Beer Permit for Private Club be referred to the Council for in- vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No. 30-41. An Ordinance granting to Archdioces of Dubuque, Emelia Entringer, Albert D. and Emily Hoffmann, Mary M. Fuchs, Clara K. and William J. Markey, Clara A. and B. L. Baumhover, permission to con- struct a six inch vitrified tile sanitary sewer in Dodge Street from the present manhole in Stetmore Street Easterly and Southerly to a point approximately Ninety Feet Northerly of the Northerly line of Fremont Avenue, and regulating such permission, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller: Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requiring an ordi- nance to be read on three separate days. Seconded by Councilman Schuel- ler. Carried by the followingg vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. The ordinance was then read a second time. Council- man Thompson moved that the reading just had be considered the second read- ing of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Councilman Thompsgn moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adop- tion. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Deulman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 31-41. An Ordinance granting to Carr, Adams & Collier Company, its successors and/or as- signs, the right to lay and maintain pipes and power cables under Elm Street on the South side of Eleventh Street, under the sidewalk on the South side of Eleventh Street from Elm Special Session, October 10-,L, 1941. 253 Street to Washington Street, and to at- tach and maintain pipes and equipment on the Washington Street side of the building located on the Southeast cor- ner of Eleventh Street and Washington Street and the right to construct and maintain an emergency dump tank un- derground on the Southeast corner of Eleventh Street and Washington Street 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 Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Council- man Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. The ordinance was then read a second time. Councilman Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Council- man Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Council- man Thompson moved that the ordi- nance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas— ur- p y,oS hueller, Thompson, Van Duelrnan l Whamen rton. Nays—None. phy, Schueller, Thompson, Wharton. Nays—None. J. J. SHEA, City Clerk. ApprovedgA.0 ! tL941. Adopted-4h"'L,v ti9 41. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—MyoVan Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Attorney M. H. Czizek, representing the Dubuque Packing dressed the Council, stating that he at- tended a meeting of the Planning and Zoning Commission and that atC i meeting the Planning and Zoning Com- mission and that at said i eetgotthe Planning and Zoning mssionof the ted to recommend that the petition ranted. Dubuque Packing Company be g Mr. Czizek was advised that the Plan- ning .and Zoning Commission C unc 1 not filed their report with the City relative to the petition of the Dubuque Packing Company. There being h movedrto adjourn. Seconded by Councilman Murphy Thompson. Carried by the fol lowingo�ncilmen Mur - Mayor Van Duelman, C Council Attest / City Clerk. s� 254 Special Session, October 13th, 1941. City Council. (Official) Special Session, October 13th, 1941. Council met at 8:00 P. M. Present—Mayor Van Duelman, 'Councilmen Murphy, Schueller, Thomp- son, Wharton, City Manager Rhom- berg. Meeting called by order of Council- men Schueller and Murphy. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption resolutions awarding the contracts for the construction of a six inch vitrified tile sanitary sewer in Plum Street and also a six inch vitrified title sanitary sewer in Fremont Avenue and acting on any other business as may properly come before a regular meeting of the City Council. Resolution No. 121-41. Resolution awarding contract for the construction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet northerly, said resolution having been approved and ordered placed on file for one week on October 6th, 1941, presented and read on final adoption. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 122-41. Resolution awarding contract for the construction of a six (6) inch vitrified tile sanitary sewer in Fremont Avenue northeaster- ly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Ave- nue Sub. and southerly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, said resolution having been approved and ordered placed on file for one week on October 6th, 1941, presented and read on final adoption. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 11, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — With reference to at- tached petition of Dubuque Packing Company, requesting vacation of cer- tain streets and alleys in the neighbor- hood of East 18th St., Cedar St., East 17th St., the Planning and Zoning Commission recommends the granting of said petition on such terms as your Honorable Body chooses to impose. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION, RICHARD V. McKAY, Sec'y. Councilman Murphy moved that the communication of the Planning and Zoning Commission be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No 32-41. An Ordinance providing for the vacation of Cedar Street from the north line of East 16th Street to the south line of East 19th Street; also for the vacation of East 18th Street from the east line of the alley first west of Cedar Street to the west line of Sycamore Street; also for the vacation of East 17th Street from the east line of the alley first west of Cedar Street to the west line of Cedar Street; also for the vacation of that part of the alley lying between Cedar and Sycamore Streets from East 19th to East 18th Streets; also for the con- veyance of said vacated areas to Du- buque Packing Company; and declar- ing an emergency, 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 fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requiring an ordi- nance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. The ordinance was then read a second time. Councilman Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Council- man Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Council- man Thompson moved that the ordi- nance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Vas► Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Special Ordinance. Ordinance No. 29-41. An Ordinance granting to Hen- Special Session, October 13th, 1941. 255 ry A. Scandrett, Walter J. Cummings, and George I. Haight, as Trustees of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, their successors and assigns, the right to construct, maintain and operate In- dustry Spur Tracks in, upon, and across East 19th Street, Sycamore Street East 18th Street, Cedar Street, the Alley located east of Cedar Street and north of East 18th Street, and over and across "B" Branch Sewer, defining the conditions of such grant; and de- claring an emergency, said ordinance having been passed upon first and sec- ond readings on October 6th, 1941, and ordered placed on file with the City Clerk for at least one week before its final adoption, presented and read a third time. SPECIAL ORDINANCE Ordinance No. 29-41. An Ordinance granting to Henry A. Scandrett, Walter J. Cummings and George I. Haight, as trustees of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, their successors and assigns, the right to construct, maintain and operate industry spur tracks in, upon, and across East 19th Streett, Sycamore Street, East 18th Street, Cedar Street, the alley located East of Cedar Street and North of East 18th Street, and over and across "B" Branch Sewer defining the conditions of such grant; and declaring an emergency. and north of East 18th Street, and over and across "B" Branch Sewer; and Whereas, the respective locations and manner in which said spur tracks will have to be constructed, maintained and used in, upon and across said East 19th Street, Sycamore Street, East 18th Street, Cedar Street, the alley located east of Cedar Street and north of East 18th Street, and the "B" Branch Sewer, are shown and designated on the blue- print hereto attached, which blueprint by this reference is made a part of this ordinance with the same force and effect as if the locations therein con- tained were set up verbatim herein; and Whereas, it is necessary that the said Trustees of the Property of Chicago, Milwaukee, St. Paul and Pacific Rail- road Company obtain permission from the City of Dubuque, Iowa, to so con- struct, maintain and use said spur tracks in, upon and across the aforesaid streets, alley and sewer in said City; Now, Therefore, Be It Ordained by the Cit_v Council of the City of Du- buque, Iowa: Whereas, the Dubuque Packing Company of the City of Dubuque, Iowa, has acquired certain additional property upon which it has erected or will erect a plant for the carrying on of its packing business and will require the construction and maintenance of certain spur tracks of Henry A. Scan- drett, Walter J. Cummings and George I. Haight, Trustees of the Property of Chicago, Milwaukee, St. Paul and Pa- cific Railroad Company, in said City for the providing of railroad service to said Dubuque Packing Company; and Whereas, it is necessary and desir- able that Henry A. Scandrett, Walter J. Cummings and George I. Haight, Trustees of the Property of Chicago, Milwaukee, St. Paul and Pacific Rail- road Company, co..struct, maintain and use additional spur tracks to serve said Dubuque Packing Company; and Whereas, in order that said addition- al spur tracks may be properly and effi- ciently constructed to render adequate service, as aforesaid, it will be neces- sary that said tracks be constructed, maintained and used in, upon and across East 19th Street, Sycamore Street, East 18th Street, Cedar Street, the alley located east of Cedar Street Section One: That Henry A. Scan- drett, Walter J. Cummings and George I. Haight, Trustee of the Property of Chicago, Milwaukee, St. Paul and Pa- cific Raliroad Company, as such Trus- tees and not as individuals, their suc- cessors and assigns, be, and they are hereby autLorized to construct, main- tain and use spur tracks in, upon and across East 19th Street, Sycamore Street, East 18th Street, Cedar Street, the allev located east of Cedar Street, north of East 18th Street, and over and across "B" Branch Sewer, in the City of Dubuque, Iowa, in substantially the respective locations and manner shown on the blueprint attached hereto. Section Two: Said Tracks shall con- form to the grade of said streets and alleys as now or as hereafter estab- lished and shall be so constructed and forever maintained that the free passage for vehicles across the same at all points shall not be interejered with and the right to impose additional condi- tions and requirements upon the use of said track or its maintenance whenever reasonable circumstances arise to re- quire the same is reserved to the Coun- cil of said City. Section Three: This ordinance be- ing deemed urgent and of immediate necessity 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 Henry A. Scandrett, Walter J. Cummings and as Trustees of the propGeorertyl of Ha of Milwaukee, St Paul and Pacific Railroad Company 236 Special Session, October 13th, 1941. only when the injury and damages to property abutting upon said streets have been ascertained and compen- sated for, or in lieu thereof, when the record owners of such property and record holders of liens and encum- brances thereon have filed with this council their consent to the construc- tion and operation of such tracks and waivers and releases of any damages which may be sustained by them on ac- count of the constrtuction and operation of the same. Passed upon first and second read- ings this 6th day of October, 1941. Passed, adopted and approved this 13th day of October, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald newspaper and The Daily Tri- bune newspaper this 15th day of Octo- ber, 1941. J. J. SHEA, 10-15-1t City Clerk. Councilman Murphy moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. Petition To the Honorable Mayor and the Members of the City Council of the City of Dubuque, Iowa: hibit "A"; that the construction, main- tenance and use of said proposed tracks in, upon and across said streets and al- leys in said respective locations and manner is necessary for affording to said Dubuque Packing Company, and industry of the City of Dubuque, Iowa, adequate railroad track service. Wherefore Your Petitioners respect- fully petition that this City Council en- act an ordinance substantially in form as herewith submitted granting unto your Petitioners permission to con- struct, maintain and use spur tracks in, upon and across the streets and alleys above set forth in the City of Du- buque, Iowa, in substantially the re- spective locations and manner as shown upon said Exhibit "A" hereto attached. Your Petitioners, Henry A. Scan- drett, Walter J. Cummings and George I. Haight, Trustees of the Property of Chicago, Milwaukee, St. Paul and Pa- cific Railroad Company, as such Trus- tees and not as individuals, respectful- ly represent that they desire to con- struct, maintain and use in the City of Dubuque, Iowa, certain additional spur tracks in the location shown on the blueprint plat marked "Exhibit A", dated July 26, 1941, attached to and made a part hereof, to serve the Du- buque Packing Company in said City; that said proposed tracks when con- structed will be located in, upon and across East 19th Street, Sycamore Street, East 18th Street, Cedar Street, the alley located cast of Cedar Street and norh of East 18th Street and over and across "B" Branch Sewer, in said City of Dubuque, in the respective lo- cations and manner as shown on Ex- Dated October 6th, 1941. HENRY A. SCANDRETT, WAL- TER J. CUMMINGS AND GEORGE I. HAIGHT, Trustees of the Property of CHICAGO, MIL- WAUKEE, ST. PAUL AND PA- CIFIC RAILROAD COMPANY, as such Trustees, and not individually. By O. N. HARSTAD, General Manager. Councilman Murphy moved that the petition be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman. Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved �1�5'RY_r_Nlhs�L� 41. 4. Adopted OV Al2--1941. i --------------- ---- Councilrn�'1 N Attest: _ r2 - - ----- City Clerk. Special Session, October 20th, 1941. City Council (Official.) Special Session, October 20th, 1941. Council met at 8:00 P. M. Present—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Wharton and Murphy. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption Resolution No. 128- 41, a resolution awarding the contract for the resurfacing of West Third Street from the east property line of Burch Street to the west property line of Alpine Street South and actingon any other business as may properly y come before a regular meeting of the City Council. Petition of Peter H. McCarthy, set- ting out objections to the contract for the improvement of 'Vest Third Street from the east property line of Burch Street to the west property line of Al- pine Street South, presented and read. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays— None. Attorney John C. Cunning- ham, representing Peter H. Mc- Carthy, addressed the Council in sup- port of the objections as contained in the petition of Peter H. McCarthy and requested Council not to award the contract .for said paving as the plans and specifications as approved and afor this dopted incomplete improvement f unintelligible and further stating that no provision has been made for the Interstate Pow- er Company to pay their share of the improvement as set out in the original franchise ordinance. Attorney Roedell, re resenting C. M• oedeR. P. addressed the Council, stating that he has not filed any general written ob- jectigns. at this time but verbally ob- jected to the awarding of the contract on the gro ds hat, the plans and spe cificaions' fothe improvement of Wes Third Street are defectiveand the In incom plete and further stating should be as- sessed Power Company for their proportionate share.0 this improvement as set out in the orig inal franchise ordinance. Councilma: Wharton moved that Council reces. 257 Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Council recessed at 9:00 P. M. and reconvened at 9:25 P. M. Councilman Murphy moved that the petition of Peter H. McCarthy setting forth objections to the contract for the improvement of West Third Street together with the verbal objec- tions be referred to the City Solicitor for a report as to the legality of the ob- jections. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Communication of Mr. and Mrs. L. Gneier, submitting a claim in the amount of $5.00 for damages to their automobile caused in striking holes in the street on Forest Lane, presented and read. Councilman Murphy moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of St. Raphael's Cathedral, requesting permission to hang a banner across the Ca- thedralBpresentedtand in f read. ront f Council- man ou c 1 - man Thompson moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Thomp- son, urpNh ySchueller, c ueller, Petition of Mr. and Mrs. Mackert, et a� owners of property within three hundred feet of the prop- erty known as Lot 4 and 2 of Lot 3 of Keogh's Sub., requesting the City Council to change the area now zoned as a Two -Family District in Mobley's Dubuque, Collins Sub., Bell's Sub., and Keogh's Sub. to Multiple Family Resi- dence Classification, presented and read. Councilman Thompson moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by ytCouncilman follow following vote: Yeas Car- ried by Councilmen Mayor Van Duelman, Whar- Murphy, Schueller, Thompson, Whar- ton. Nays—None. Communication of Carl Grabow, Di- rector of Recreation, extending an in- t vitation to the Mayor, Members of the City Council and City Manager to act in the capacity as resented and rs for the ead. al - Lowe en Parade, presented that the f Councilman Murphy invitation be accepted. Seconded by i CouncilmanWhart n. Calrrie by the c following vote: 258 Special Session, October 20th, 1941. Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Council Proceedings for the month of August, 1941, presented for approv- al. Councilman Thompson moved that the Council Proceedings for the month of August, 1941, be approved as printed. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas — Mayor Dan Duel - man, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No. 30-41. An Ordinance granting to the Archdiocese of Du- buque, Emelia Entringer, Albert D. and Emily Hoffmann, Mary M. Fuchs, Clara K. and William J. Markey, Clara A. and B. L. Baumhover, permis- sion to construct a six inch vitrified tile sanitary sewer in Dodge Street from the present manhole in Stetmore Street Easterly and Southerly to a point ap- proximately Ninety Feet Northerly of the Northerly line of Fremont Avenue, and regulating such permission, said ordinance having been passed upon first and second readings on October 10th, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 30-41 An Ordinance Granting to Archdiocese of Dubuque, Emelia Entringer, Al- bert D. and Emily Hoffmann, Mary M. Fuchs, Clara K. and William J. Markey, Clara A. and B. L. Baum - hover, permission to Construct a Six Inch Vitrified Tile Sanitary Sewer in Dodge Street from the Present Man- hole in Stetmore Street Easerly and Southerly to a Point Approximatelv Ninety Feet Northerly of the North- erly Line of Fremont Avenue, and Regulating Stich Permission. BE IT ORDAINED BY THE CITY COLTNCIL OF THE CITY OF DUBUQtTE: Section 1. That permission be, and the same is hereby granted, to Arch- diocese of Dubuque, Emelia Entringer, Albert D. and Emily Hoffmann, Mary M. Fuchs, Clara K. and William J. Markey, Clara A. and B. L. Batimhov- er, at their own expense to construct a six inch vitriified tile sanitary sewer in Dodge Street from the present manhole in Stetmore Street easterly and south- erly to a poin approximately ninety feet northerly of the northerly line of Fre- mont Avenue in the City of Dubuque, Iowa. Section 2. That said sewer shall be laid under the direction and supervision of the Citv Manager and in accordance with plans and specifications prepared by the City Engineering Department. Section 3. That after said sanitary sewer has been constructed as above described, all persons living along and adjacent to said sewer shall have the right to connect therewith, but such right shall be granted only upon a proper application being made to the City Council of the City of Dubuque and by paying to Mary M. Fuchs, Clara K. and William J. Markey, Clara A. and B. L. Baumhover, the applicant's porportionate part of the cost, plus in- terest, of constructing such sewer, based on the lineal frontage of his property on said street, which payment must be made before the right to con- nect shall be granted. Section 4. That the total cost of the consttruction of said sanitary sewer has been determined to be $1,383.94 and the proportionate share based on the lineal frontage of the property has been determined to be 97.7 cents per front foot. Section 5. This ordinance shall be in force and effect from and after its passage, adoption and approval by the City Council, and publication as provided by law and the rights hereun- der shall accrue to Archdiocese of Du- buque, Emelia Entringer, Albert D. and Emily Hoffmann, Mary M. Fuchs, Clara K. and William J. Markey, Clara A. and B. L. Baumhover when this or- dinance has been accepted by them, which acceptance shall be endorsed hereon. Passed upon first and second read- ings this 10th day of October, 1941. Passed, adopted and approved upon final reading this 20th day of October, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. ACCEPTANCE OF ORDINANCE No. 30-41 Archdiocese of Dubuque, Emelia Entringer, Albert D. and Emily Hoff- mann, Mary M. Fuchs, Clara K. and William J. Markey, Clara A. and B. L. Baumhover, having knowledge of all the terms and conditions of Ordinance No. 30-41, does hereby accept Ordi- nance No. 30-41, as adopted by the City Council of the City of Dubuque, on this 20th day of October, 1941, and Special Session, October 20th, 1941. agrees to comply with all of the terms and conditions therein set forth. Signed this .23rd day of October, 1941. B. L. Baumhover, Clara A .Baumhover, Mary M. Fuchs, Archdiocese of Dubuque, by D. V. Foley, Secy. Albert D. Hoffmann, Emily F. Hoffmann, Clara K. Markey, William J. Markey, Emelia Entringer, John Nagle, Agt. Published officially in The Telegraph - Herald newspaper and The Daily Tri- bune newspaper this 24th day of Octo- ber, 1941. J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No. 31-41. An Ordinance granting to Carr, Adams & Collier Company, its Successors and/or As- signs, the right to lay and maintain pipes and power cables under Elm Street on the south side of Eleventh Street, under the sidewalk on the south side of Eleventh Street from Elm Street to Washington Street, and to at- tach and maintain pipes and equipment on the Washington Street side of the building located on the Southeast cor- ner of Eleventh Street and Washington Street and the right to construct and maintain an emergency dump tank un- derground on the Southeast corner of Eleventh Street and Washington Street, said ordinance having been passed upon first and second readings on October 10th, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption presented and read a third time. ORDINANCE NO. 31-41. An Ordinance granting to Carr, Ad- ams & Collier Company, its successors and/or Assigns, the right to lay and maintain pipes and power cables under Elm Street on the south side of Elev- enth Street under the sidewalk on the south side of Eleventh Street from Elm Street to Washington Street, and to at- tach and maintain pipes and equipment on the Washington Street side of the building located on the southeast cor- ner of Eleventh Street and Washing- ton Street and the right to construct and maintain an emergency dump tank underground on the southeast corner of Eleventh Street and Washington Street. 259 BE IT ORDAINED BY THE CITY COUNCIL; OF THE CITY OF DUBUQUE: Section 1. That the Carr, Adams & Collier Company, its Successors and/or Assigns be, and they are hereby grant- ed the right and authority to lay and maintain pipes and power cables under Elm Street on the south side of Elev- enth Street, under the sidewalk on the south side of Eleventh Street from Elm Street to Washington Street, and to attach and maintain pipes and equip- ment on the Washington Street side of the building located on the southeast corner of Eleventh Street and Wash- ington Street, and the right to construct and maintain an emergency dump tank underground on the southeast corner of Eleventh Street and Washington Street. Section 2. That all of the matters and things herein authorized shall be constructed under the direction and su- pervision of the City Manager and Building Inspector. Sectiton 3. As a consideration for the rights and privileges herebygrant- ed the said Carr, Adams & Collier Company, its Successors and/or As- signs does hereby agree to pay for on behalf of the City of Dubuque, any and all sums of money which the City of Dubuque shall become obligated to pay by reason of any liability imposed upon the City for damages of any kind and all kinds which may be caused or sus- tained by anyone because of the con- struction and maintenance of the mat- ters and things hereinbefore authorized. The Carr, Adams & Collier Company hereby agrees, at its own expesse, to defend for and on behalf of the City any and all claims and/or suits, at law or in equity, and any and all other pro- ceedings brought against the City be- cause of the enactment of this Ordi- nance and/or the erection, installation and operation of the matters in connec- tion therewith even if the same be groundless, false or fraudulent. The, Carr, Adams & Collier Com- pany agrees to pay any and all claims allowed against the City with legal in- terest thereon to pay any and all judg- ments rendered against the City, to- gether with any and all court costs and any and all damages, costs and ex- penses incurred by the City in connec- tion with such claims or suits growing out of the matters and things herein- before granted. All such payments are to be made when the claims are finally allowed and when judgments are finally entered. Section 4. It is understood and pro- vided that the right and permission to use and occupy such portions of such sidewalks and streets for the purpose •.�'. . X49 260 Special Session, October 20th, 1941. herein stated is subject to the contint ousous control of the City Council c the City of Dubuque, reserving th right to said City Council to impos restrictions and conditions upon the e: joyment thereof, as may be reasonabl neecssary for the protection of the put lic interest, including the right to re voke and rescind any and all of suc rights and permissions if at any tim the public interest should so require. Section 5. Should the rights an privileges herein granted be rescinde or revoked, said Carr, Adams & Collie Company, its Successors and/or As signs, at its own expense and upon re ceipt of notice, agrees to remove th structures herein authorized and to re store the sidewalk and streets to a good condition as they were in befor construction, within thirty days afte receipt of said notice. Section 6. This Ordinance being deemed urgent shall become effective upon its final passage, adoption and ap proval by the City Council and publica tion as provided by law, and the right: hereunder shall accrue to Carr, Adam; & Collier Company, its Successors ands or Assigns when this Ordinance has been accepted by said Company, whict acceptance shall be endorsed hereor, and when the cost and expense of pub- lishing the same has been paid by said Company. Passed upon first and second read- ings this 10th day of October, 1941. Passed, adopted and approved upon final reading this 20th day of October, 1941. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE NO. 31-41 Carr, Adams & Collier Company, having knowledge of all the terms and conditions of Ordinance No. 31-41, does hereby accept Ordinance No. 31-41, as adopted by the City Council of the City of Dubuque, on this 20th day of Octo- ber, 1941, and agrees to comply with all of the terms and conditions therein set forth. Signed this 23rd day of October, 1941. CARR, ADAMS & COLLIER COMPANY, By PAUL L. ADAMS, Vice -Pres. F. K. TAYLOR, Supt. Published officially in the Telegraph - Herald newspaper and The Daily Tri- bune newspaper thtis 24th day of Octo- ber, 1941. J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No. 32-41. An Ordinance providing for .the vacation of Cedar Street from the north line of East 16th Street to the south line of East 19th Sreet; also for the vacation of East 18th Street from the east line of the alley first west of Cedar Street to the west line of Sycamore Street; also for the vacation of East 17th Street from the east line of the alley first west of Cedar Street to the west line of Cedar Street; also for the vacation of that part of the alley lying between Cedar and Sycamore Streets from East 19th to East 18th Streets; also for the con- veyance of said vacated areas to Du- buque Packing Company; and declar- ing an emergency, said ordinance hav- ing been passed upon first and second readings on October 13th, 1941, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, pre- sented and read a third time. ORDINANCE NO. 32-41. An Ordinance Providing for the Vaca- tion of Cedar Street from the north line of East 16th Street to the south line of East 19th Street; also for the vacation of East 18th Street from the east line of the alley first west of Cedar Street to the west line of Syca- more Street; also for the vacation of East 17th Street from the east line of the alley first west of Cedar Street to the west line of Cedar Street; also for the vacation of that part of the alley lying between Cedar and Syca- more Streets from East 19th to East 18th Streets; also for the conveyance of said vacated areas to Dubuque Packing Company; and declaring an emergency. nortWhereas, h line of Cedar Fast 16thStreet to the south line of East 19th Street; East 18th Street from the east line of the tlley first west of Cedar Street to the vest line of Sycamore Street; East 17th Street from the east line of the alley first west of Cedar Street to the west fine of Cedar Street; and the alley lying ?etween Cedar and Sycamore Streets rom East 19th to East 18th Streets are ocated within the Heavy Industrial district in the City of Dubuque, as de- imited by the Zoning Map of said City Special Session, October 20th, 1941. 261 and ail f th � o e real estate abutting upon said portions of such streets and alley owned by Dubuque Packing Company and said streets and alley are not needed for street or public purposes and the vacation thereof will not injure, damage or interfere with the use of or accessibility to private property situ- ated within such district; and Whereas, the Planning and Zoning Commission of the City of Dubuque has examined into the advisability of vacating such portions of such streets and alley and has recommended to this Council that such vacations be made; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Par. 921, Section One. That Cedar Street from the north line of East 16th Street to the south line of East 19th Sreet be and the same is hereby va- cated. Par. 922, Section Two. That East 18th Street from the east line of the alley first west of Cedar Street to the west line of Sycamore Street be and the same is hereby vacated. Par. 923, Section Three. That East 17th Street from the east line of the alley first west of Cedar Street to the west line of Cedar Street be and the same is hereby avacated. Par. 924, Section Four. That that portion of the alley lying between Ce- dar and Sycamore Streets from East 19th to East 18th Streets be and the same is hereby vacated. Par. 925, Section Five. That, in con- sideration of the sum of One Dollar $(1.00) and other valuable considera- tions, the receipt whereof is hereby acknowledged, said vacated areas be, and the same are hereby sold, granted and conveyed to Dubuque Packing Company, its successors and assigns; subject, however, to the limitations that, in the event said Company, its successors or assigns, shall cease to use said premises for industrial purposes, such vacated areas shall revert to the City of Dubuque; and subject, further, to the reservation that all sewers, drains, and water mains located upon or within the vacated areas shall con- tinue to be the property and under the supervision and control of the City of Dubuque, its officers and employees, including the right and power to enter upon the premises for all proper public uses and purposes and, in the event of any repairs or replacements become necessary in or upon such sewers and water mains or services because of any action or conduct upon the part of said Dubuque Packing Company, its agents or employees, such sewers and water mains and services shall be repaired or rebuilt at the expense of said Dubuque Packing Company. No structures of any kind shall be superimposed upon such sewers or water mains or services or erected in the same without the ap- proval of the City Council and the Deed hereinafter referred to shall so provide. Par. 926, Section 6. Before any building or other structure is construct- ed or erected upon East 17th Street from the east line of the alley first west of Cedar Street to the center line of Cedar Street, hereby vacated, Dubuque Packing Company, its successors and assigns, shall, at their own expense, extend the existing storm water sewer and facilities in such manner and of such method of construction as shall meet with the approval of the City Council and City Manager. Par. 927, Section Seven. Dubuque Packing Company, its successors and assigns, shall assume all liability for damages which may be caused to per- sons or property arising because of the use of the streets, sidewalks and alley now existing within the vacated areas, and by the acceptance of this .Ordi- nance, they shall agree to hold the City of Dubuque harmless from any dam- ages or claims for damages which may be asserted against said City on ac- count of any defects in said streets, sidewalks and alley or because of any negligence in maintaining the same. Par. 928, Section Eight. That said grantee, Dubuque Packing Company, be and it is hereby directed and author- ized to cause a plat to be made of said vacated areas wherein the same shall be given a legal description, whereupon the City of Dubuque will convey said lands to said grantee by Quit Claim Deed, and the Mayor and Clerk of said City are hereby authorized and directed to execute said Deed on behalf of said City of Dubuque. Par. 929, Section Nine. That the Clerk be and is hereby directed to file in the office of Recorder of Dubuque County, a certified copy of this Ordi- nance. Par. 930, Section Ten. That this or- dinance, being deemed urgent and in the interest of the public welfare, shall be in force and effect immediately upon its final passage, adoption and approval by the City Council, and publication as provided by law, and the rights here- under shall accrue to Dubuque Pack- ing Company, its successors and as- signs, when this Ordinance has been accepted by said Company, which ac- ceptance shall be endorsed hereon, and when the costs and expense of publish- ing the same has been paid by said Company. 262 Special Session, October 20th, 1941. Passed upon first and second read- ings this 13th day of October, 1941. Passed, adopted and approved upon final reading this 20th day of October, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE NO. 32-41. Dubuque Packing Company, having knowledge of all of the terms and con- ditions of Ordinance No. 32-41, does hereby accept the same as adopted by the City Council of the City of Du- buque on the 20th day of October, 1941, and agrees to comply with the terms and provisions thereof. Signed this 21st day of October, 1941. DUBUQUE PACKING COMPANY By H. W. WAHLERT, President. Published officially in the Telegraph - Herald newspaper and The Daily Tri- bune newspaper this 23rd day of Octo- ber, 1941. J. J. SHEA, 10-23-1t. City Clerk. Councilman Murphy moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 20, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—This is to advise that I have approved the following bonds and policy and desire to have your ap- proval on same °or filing: Personal C. J. McCarthy, Harbor and Markel Master, Eagle Indemnity Co. Excavation. F. J. Rellihan, 1715 Central Avenue Bond No, 63835 Central Surety 8 Ins. Corp. Curtis -Straub Co,, 1069 Main Streel Bond No. MP31490 Central Suret; & Ins, Corp. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the )onds be approved and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Resolution No. 131-41. Resolution approving lease of the municipal air- port for a period of five years to Du- buque Airways, Inc., and authorizing the Manager and Clerk to execute the same on behalf of the City of Dubuque, presented and read. Councilman Wharton moved that the Resolution and Contract of Lease be placed on file with the City Clerk for public inspec- tion for at least one week before final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 132-41. Resolution approving Contract with Dubuque Packing Company for to pay the costs and expenses of filling and constructing om the north line of East 16th StreetStreetnn rto south line of East 8th Street and to permit East 18th Street to remain open for public travel for certain stated periods and directing the Mayor and Clerk to execute the same on behalf of the City of Dubuque, said Contract being in consideration of the vacation of streets and alley, presented and read. Councilman Thompson moved that the resolution and Contract be placed on file with the City Clerk for public inspection for at least one week before final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 133-41. Whereas, the City Council of the City of Dubuque of November 4, 1940, by Resolution No. 106-40 authorized the sale of Lots 3, 4, 5, 6 and 7 of Indus- trial Subdivision No.:2 to C. W. Varner for Three Thousand ($3,000.00) Dollars upon certain terms and conditions, and Whereas, transfer of said property has not been completed in accordance with said resolution, and Whereas, it is desirous that the prem- ises heretofore described be sold and conveyed to Varner Well Drilling Co., Inc., for Three Thousand ($3,000.00) Dollars upon condition that: Fifteen Hundred ($1,500.00) Dollars be paid on the delivery of the deed and the balance of Fifteen Hundred ($1,500.00) Dollars be paid in three annual install- ments of Five Hundred ($500.00) Dol- lars each on November •1, 1942, Novem- ber 1, 1943, and November 1, 1944, and t 4� Special Session, October 20th, 1941. that the Varner Well Drilling Co., Inc., execute note and mortgage upon said property as security for the balance due. Be It Resolved By the City Council of the City of Dubuque: That it is hereby deemed advisable to sell Lots 3, 4, 5, 6 and 7 of Industrial Subdivision No. 2, Dubuque, Iowa, to Varner Well Drilling Co., Inc., for Three Thousand ($3,000.00) Dollars, Fifteen Hundred ($1,500.00) Dollars cash, the balance of Fifteen Hundred ($1,500.00) Dollars to be paid by note and mortgage for Fifteen Hundred ($1,500.00) Dollars, said note to be paid in three installments of Five Hundred ($500.00) Dollars each, due November 1, 1942, November 1, 1943, and Novem- ber 1, 1944. Be It Further Resolved, That the Mayor and Clerk of the City of Du- buque be, and they are hereby author- ized to execute said deed for and on be- half of the City of Dubuque and to affix thereto the official seal of said City. Passed, adopted and approved this 20th day of Oitober, 1941. FRANK VAN DUELMAN, Mayor F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. 263 Passed, adopted and approved this 20th day of October, 1941. FRANK VAN DUELMAN, j Mayor. P. W. THOMPSON, AT,BERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 134-41 Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 135-41. Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, The premises to be occu- pied by such applicants have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore Be It Resolved, By the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Class "B" Permit. Name Address Charles Peed and Anna Peed (Transfer of address from 1389 Elm Street) 41 West 7th Street. Millard Poquette and Lucille Poquette (Transfer of address from 923 Main Street), 951 Main Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby appoved. Passed, adopted and approved this 20th day of Otocebr, 1941. Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the Council of the Citv of Dubuque that the following applica- tion be and the same is hereby ap- proved, and it is ordered that the prem- ises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit. Address Name Charles Peed and Anna Peed (Transfer of address from 1389 Elm Street) 41 West 7th Street. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. coSended by Councilman Murphy. Car the following voteby : Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. 264 Special Session, October 20th, 1941. Mr. Arth. Hubert, et al, addressed the Council, requesting that King Street be graded and curbed. Mr. Hu- bert was informed that the Council will view the grounds as to both his verbal request and the former petition filed with the Council requesting that King Street be made passable for vehicular and pedestrian travel. Mr. John Kemp, representing the Kemp Estate, et al, addressed the Coun- cil relative to the proposed construc- tion of a sanitary sewer in Kane Street stating that only one person on Kane Street is in favor of the constructions of this sewer and requesting Council to defer action on constructing the sewer in Kane Street. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, City Clerk. r ;tIL Approved aa ___ � - a -L--1941. Adopted��-�-1941. G,un Attest: _ __ kQ------- City Clerk. Special Session, October 22nd, 1941. 265 City Counoil City Council in connection with said project. We hereby further consent and agree that assessment may be le - (Official) vied and placed upon our property in accordance with the plans and specifi- catthe bid an Special Session, October 22nd, 1941. thel lawonsand providing forthenthe assessing of Council met at 7:40 P. M. special assessments. Present — Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton, City Manager Rhom- berg. Meeting called by order of Council- men Schueller and Murphy, Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the opinion submitted by City Solicitor Kintzinger with reference to the objec- tions filed to the contract and the pro- ceedings for the improvement of West Third Street and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved that J. J. Hail be appointed Clerk Pro Tem of the meeting. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Waiver and Release. The undersigned being • property owners on West Third Street from the east property line of Burch Street to the west property line of Alpine Street South, state that we are acquainted with the project to pave and resurface that part of West Third Street as shown by the plans and specifications on file in the office of the City Clerk of the City of Dubuque; that we know a Resolution of Necessity has been Passed; that notices were given for bids; that one bid was received; and that we are acquainted and know the contents of the bid filed and are also acquainted with the Thomas Flynn Coal Company, the bidder and the amount of the bid. That we are desir- ous and anxious to have said Street re- surfaced in accordance with the plans and specifications very promptly. We. are familiar with all the proceedings had in connection with said project be- fore the City Council of the City of Dubuque. We hereby agree and consent to the resurfacing of said West Third Street in accordance with the plans and speci- fications by the Thomas Flynn Coal Company at the price quoted in its bid. We hereby further agree and consent to, and hereby do, waive any and all technicalities and/or irregularities that there may be in the proceedings of the Dated this 21st day of October, 1941. J. C. Collier, Helen C. Altman by F. K. Altman, C. F. Hartman, D. W. Hart- man by C. F. H., J. V. Conzett, John G. Chalmers, John K. Chalmers, C. H. Wunderlich, A. Fluetsch, B. T. Gun- derson, E. Rose Hofflin, A. T. Peaslee, J. M. Burch, Jr., Mrs. Louise Burch Estate by J, M. Burch Jr. Executor, Clarence R. Sandry, Rose & Elizabeth McGl.0%hlin by Elizabeth McGlough- lin, F. W. Woodward, Bessie S. Palen, Fred Bell, Marguerite Bissell, Anna B. Lawther and Wm. Lawther. Council- man Wharton moved that the Waiver and Release be received and made a matter of record. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. October 22, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen — With reference to the Objections to the Contract for the im- provement of West Third Street and the proceedings which have been re- ferred to me for an opinion, I am of the opinion that the City Council has authority to award the Contract for the resurfacing of West Third Street, that the proceedings are legal and that a valid assessment can be levied and col- lected for the same. Respectfully: submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the communication and opinion of City So- liritor Kintzinger be receivers and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Councilman Murphy moved that the rules be snsupended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Wharton. Carried by the fol- lowing votte: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Mr. Peter H. McCarthy addressed the Council expressing his verbal objec- tions to the awarding of the contract for the resurfacing of West Third Street from the east property line of 266 Special Session, October 22nd, 1941. Burch Street to the west property line of Alpine Street South. Resolution No. 128-41. Resolution awarding contract for the resurfacing of West Third Street from the east property line of Burch Street to the west property line of Alpine Street South to Thos. Flynn Coal Co., said resolution having been approved and placed on file for public inspection for at least one week on October 10th, 1941, presented and read on final adop- tion. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Councilmen Murphy, Thompson, Wharton. Nays —Mayor Van Duelman, Councilman Schueller. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen —With reference to the claim of Mr. and Mrs. Gneier which has been referred to me for investiga- tion and report, I have investigated this matter and find that Forest Lane has been in a very bad condition for some time and that it was because of the holes and dangerous condition of the Street that they sustained the dam- ages complained of. I recommend that their claim and the amount of $5.00 be allowed and a war- rant be issued and delivered to the claimant upon the delivery to the City of the proper release. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Wharton moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor be instructed to draw a war- rant in the amount of $5.00 in favor of Mr. & Mrs. L. Gneier as settlement in full of their claim and that said war- rant be delivered upon the execution and delivery of a proper release. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. October 21, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen—The Planning and Zon- ing Commission respectfully recom- mends to your Honorable Body the following changes in the Zoning Ordi- nance. - (1) Amend Paragraph e, Section 3, Article IV. to read as follows: T (e) Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot area per family: One family dwelling — five thousand (5000) square feet. Two family dwelling — one thousand two hundred and fifty (1250) square feet oer family. Apartment house, multiple dwelling—one thousand two hun- dred and fifty (1250) square feet per family. Nothing in the area regulations of this ordinance relating to lot areas per family shall be held to prohibit the erection of a one - family dwelling upon a lot, the area of which is less than that Prescribed as the minimum lot area per family, provided such lot was held under separate ownership from the adjacent lots and a recorded plat of lots or subdivision of property shows such lot to be separate and dis- tinct at the time of the passage of this ordinance. Vacant adja- cent lots held by the same owner at the time of passage of this or- dinance shall be replatted to pro- vide the required lot area per family before any building is erected or placed thereon. (2) Amend Paragraph e, Section 3, Article V., to read as follows: (e) Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot area per family: One family dwelling — five thousand (5000) square feet. Two family dwelling — One thousand two hundred and fifty (1250) square feet per family. Apartment house—one thous- and two hundred and fifty (1250) square feet per family. Nothing in the area regulations of this ordinance relating to lot area per family shall be held to prohibit the erection of a one family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separate ownership from the adjacent lots, and a recorded plat of lots or subdivision of property shows such lot to be separate and dis- tinct at the time of the passage of.this ordinance. Adjacent lots held by the same owner at time of passage of this ordinance shall be replatted to provide the re- quired lot area per family before any building is erected or placed thereon. (3) Amend Paragraph e, Section 3, Article VI., to read as follows: (e) Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot areas per family: Special Session, October 22nd, 1941. 267 One family dwelling — five thousand (5000) square feet. Two family dwelling — one thousand two hundred and fifty (1250) square feet per family. Apartment or tenement house —six hundred (600) square feet perfamily. Nothing in the area regula- tions of this ordinance relating to lot area per family shall be held to prohibit the erection of a one -family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family provided such lot was held under separate own- ership from the adjacent lots, and a recorded plat of lots or subdi- vision of property shows such lot to be separate and distinct, at the time of the passage of this ordinance. Adjacent lots held by the same owner at time of passage of this ordinance shall be replatted to provide the re- quired lot area per family before any building is erected or placed thereon. (4) Amend Paragraph e, Section 3, Article VII., to read as follows: (e) Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot areas per family: One family dwelling — five thousand (5000) square feet. Two family dwelling — one thousand two hundred and fifty (1250) square feet per family. Row house—one thousand us square hundred and fifty feet per family. Apartment or tenement square feet —six hundred (600) per family. Nothing in the area regulations of this ot area per ordinance relating shall to l be held to prmily dwelling uohibit the erection of a one- fapon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under saparate own- ership from the flace lots, n a recorded plat di- vision of property ,shows such lot to be separate and distinct at the time of the passage of this ordinance. Adjacent lots held by the same owner at time of pass- age of this ordinance shall be re - platted to provide the required lot area per family before any building is erected or placed Councilman Wharton moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor be instructed to prepare the proper proceedings. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 21, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen—The Planning and Zon- ing Commission wishes to recommend to your honorable body the rezoning of the area bounded by the center line of 3rd Street on the south; center line of 6th Street on the north; the center line of Locust Street on the east; and the center line of Bluff Street on the west from Two Family to Multiple Resi- dence classification. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION, By R. V. McKAY, Sec'y. Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor be instructed to prepare the proper proceedings. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Councilman Schueller moved that the City purchase an American La France Triple Combination Pumping Engine. Seconded by Mayor Van Duelman. Motion lost by the following vote: Yeas—Mayor Van Duelman, Council- man Schueller. Nays—Councilmen Murphy, Wharton. Councilman Thompson not voting. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. $HEA, J. J City Clerk Approved _ 1941 Adopted �--1941. thereon. Respectfully yours, DUBUQUE PLANNING AND ZONING COMMISSION, By R. V. McKAY, Sel'y. 7 Coun Attest:--�—r-j City Clerk. V " �w 268 Regular Session, November 3rd, 1941. 269 City Council (Official) Regular Session, November 3rd, 1941. Council met at 8:30 P. M. Present—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proofs of publication, certified to by the publishers, of notice to contractors of the receipt of proposals for the con- struction of a six inch vitrified stile sani- tary sewer in Kane Street from the present manhole in Kaufmann Avenue to four hundred and seventy (470) feet north, presented and read. Councilman Thompson moved that the proofs of publication be presented and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. be held in Des Moines, Iowa, ou No- vember 13th and 14th, 1941, presented and read. Councilman Murphy moved that Chief of Police Strub and Captain John Derreberry be authorized to at- tend the two day school on Civilian Defense which will be held in Des Moines, Iowa, on November Oth and 14th, 1941, the expenses to be borne by the City of Dubuque. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. October 24, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—Pursuant to Resolution No. 124-41, the City Clerk advertised for proposals for the construction of a six inch vitrified tile sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue four hundred seventy feet north to be received until 10:00 o'llock A. M"October 24th. No bids were received for this work. At the council meeting of October 20, 1941, property owners representing at least / of the amount to be assessed appeared and protested the construc- tion of this sewer. In view of the foregoing, I recommend that the pro- ceedings be filed and made a matter of record. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote. Yeas—May Schuel- ler, Duelman, Councilmen Murphy, ler, Thompson, Wharton. Nays—None. Communication of Chief of Police Strub requesting that the CityCouncil authorize the expenses of Captain Derre- berry and himself to attend a two day school on Civilian Defense which will Communication of the Parking Com- mittee of the Dubuque Chamber of Commerce and the Retail Merchants Bureau requesting the City of Dubuque to take over all parking lots now being operated by the Parking Committee of the Retail Merchants Bureau, presented and read. Councilman Thompson moved that the communication be re- ferred to the Council for consideration. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. 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 Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Miss Olive Trieb addressed the Coun- cil stating that she has been notified to construct a new sidewalk at her prop- erty locatetd at 24 Seminary Street and advised Council that she had let a con- tract for the construction of said walk to Saul Bros. and that said walk would be laid when the property owners liv- ing next door, namely the Golinvaux property, would be required to take care of the down spouts leading from their property as the flow of water from said down spouts runs over her walk and causes the same to become slippery and icy during the winter. Petition of Retail Merchants Bureau, requesting permission for the holding of a Christmas Parade on Saturday, November 29th, 1941, also requesting that two motorcycle policemen be fur- nished to escort the parade and as many policemen as are necessary to guard the parade at street intersections, also re- questing that all parking be eliminated on Main Street from early in the morn- ing until after the parade is over and also that the streets portion oped off also Seventh st requeing that a Street between Locust and Bluff Streets be blocked off for t obeof a sta- cabin and that two policemen tioned at the cabin to help control 270 Regular Session, November ;rd, 1941. crowds, also requesting that the City assume the cost of current for the op- eration of a loud speaker, also request- ing that the City furnish an electrician to connect up a fuse block at or near the location of the cabin in Washington Park, also requesting permission for the erection of Christmas lighting dec- orations at the intersections of Main Street from Fourth Street to Tenth Street inclusive and on Eighth Avenue from Iowa Street to Bluff Street in- clusive and on Seventh and Locust Streets and that the City assume the cost of current for the extra lights to be placed in the business district from November 26th, 1940, toJanuary 2nd, 1941, presented and read. Councilman Murphy moved that the petition be granted with the exception of the re- quest for the elimination of traffic and the roping off of the streets in the line of parade and that the Retail Merchants Bureau be required to furnish a Public Liability Bond in the amount of $5,000.00 to protect the City of Du- buque from any liability which may arise from any accidents on account of the erection of the Christmas lighting decorations. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of the Friedman Insurance Agency requesting the release of the liability on the beer bond of Joseph and Virginia Hanten as they have dis- continued business at 2220 University Avenue,_ presented and read. Council- man Thompson moved that the request be granted and the liability on the beer bond of Joseph and Virginia Han - ten be released. Seconded by Council- man Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Marmis & Solomon re- questing vacation of the alleyway east of Lots 7, 8, and 9, of Block 13 of Du- buque Harbor Addition, presented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of J. F. Kircher, et at, re- questing the installation of a street light on Coates Street between Concord and Cross Streets, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of Andrew Brummer, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1940 tax on the North yz of City Lot 262, presented and read. Council- man Thompson moved that the petition be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. CITY OF DUBUQUE, County of Dubuque State of Iowa. October 29, 1941. The undersigned, being the owners to the extent and in the manner here- inafter more particularly set forth of all of the real property located or abutting upon those portions of E. 19th Street easterly of the intersection thereof with Sycamore Street; Sycamore Street westerly of the intersection thereof with E. 19th Street; the north and south public alley located east of Cedar Street and north of E. 18th Street; E. 18th Street easterly of Cedar Street; and Cedar Street between E. 18th Street and E. 17th Street, all in the City of Dubuque, Iowa, in, upon and across which said streets and alley the pro- posed trackage, the construction, main- tenance, use and operation of which are authorized by ordinance passed by the City Council of the City of Dubuque under date of October 13, 1941, will be located, do hereby severally waive, re- linquish and release any and all claims against the City of Dubuque, Iowa, and of one of the undersigned against the other and the respective successors or assigns of said City or of each of the undersigned on account of damages which the undersigned have sustained or may hereafter sustain as abutting property owners or holders by reason of the construction, maintenance, use and operation of the aforesaid track. The description of the respective real property located or abutting upon the portions of the aforesaid streets and al- leys upon, across or in which the afore- said track or tracks will be located is as follows: Henry A. Scandrett et at, Trustees of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company: 1. Lots 1 to 4, inclusive, Block 5, Addition. 2 Lots 1 to 7, inclusive, Block 6, Railroad Addition. 3. Vacated Sycamore Street north of the north line of 19th Street. 4. Vacated 19th Street between the west line of Sycamore Street and the east line of Mineral Lot 106. Regular Session, November 3rd, 1941 Dubuque Packing Company: 1. All of Block 3, Railroad Addition. 2. All of Lots 368 to 372, inclusive, and Lots 423 to 427, inclusive, East Dubuque, bounded by 17th, 18th, Sycamore and Cedar Streets. 3. Lots 373 to 377, inclusive, and Lots 418 to 422, inclusive, Bast Dubuque, bounded by 16th, 17th, Sycamore and Cedar Streets. 4. Lots 356 to 360, inclusive, East Dubuque, between 16th and 17th Streets and west of Cedar Street. 5. Lots 361 to 365, inclusive, lying between 17th and 18th Streets and west of Cedar Street. 6. Lot 366, East Dubuque, lying north of 18th Street and west of Cedar Street. HENRY A. SCANDRETT, WAL- TER J. CUMMINGS and GEORGE I. HAIGHT, Trustees of the proper- ty of Chicago, Milwaukee, St. Paul and Pacific Railroad Company. Witness: By C. J. ELLENGTON, S. J. Cooley. Real Estate Agent. Attest: DUBUQUE PACKING L. Schmitt, COMPANY, Secretary. By H. W. WAHLERT Councilman Murphy moved that the communication and waiver be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman. Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Jos. Roscamp, Sr" re- questing a refund in the amount of $150.00 as the unexpired portion of his beer permit No. 114 issued on the 6th day of October, 1941, and also request- ing a refund in the amount of $50.00 as the unexpired portion of his cigarette permit No. 168 issued on October 6th, 1941, presented and read. Councilman Murphy moved that the requests be granted and that the City Auditor be instructed to draw a warrant in the amount of $150.00 in favor of Jos. Ros- camp, Sr., to cover the amount of re- fund on the unexpired portion of his beer permit No. 114 and also that the City Auditor be instructed to draw a warrant in the amount of $50.00 in fa- vor of Jos. Roscamp, Sr., to cover the amount of refund on the unexpired portion of his cigarette permit No. 168. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Schuelllerl, Thompson, Councilmen Mur- phy, Wharton. ton Nays—None. Petition of Union League Club, re- questing permission to place a flag of the United States, on all legal holidays, from their place of business on the northeast corner of Fourth and Iowa Streets criss-cross the street to the ` IN 271 Nagle Apartment Building on the south- west corner of Fourth and Iowa Streets presented and read. Councilman Mur- phy moved that the request be granted and the erection of said flag to be done under the supervision of the Building Commissioner. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of W. F. Riddle, et at, re- questing that the depressions in the al- ley between 14th and 15th Streets and between Jackson and Washington Streets be brought up to alley grade, presented and read. Councilman Mur- phy moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of September, 1941, presented and read. Councilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Dielman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. October 11, 1941. To the Honorable Mayor and City Council: Gentlemen — Referring to attached petition of Mrs. M. Palmer, et at, re- questing "a change in the regulations prescribed for such district with respect to minimum area requirements so that a building permit shall be issued au- thorizing William Hammerand to pro- ceed with the construction of such house." This refers to a lot 40 feet frontage, 180 feet deep, total 7,200 fe square et at 2561 Jackson Street, ex- tending back to White St. At present, the district is a Two Family Residence zone, and the lot contains a double house (2561 Jackson) facing Jackson St. Such double house in a Two -Family District requires 7000 square feet under the present ordinance. Thus there is but 200 square feet extra for the single house which petitioner wishes built to face White Street. Even if zoned as Multiple Residence would require 5000 square feet for the double house facing Jackson Street and gle houserfoeet faceor the WhitepStreet, dsin ora total of 10,000 square feet. Thus there is a shortage of 2,800 sq. ft. for the de- sired purposes. 272 Regular Session, November 3rd, 1941. The Planning and Zoning Commis- sion can see no way to provide relief in such a case without breaking down all family area requirements of the Zoning Ordinance for the entire city. Such action would be contrary to one of the fundamental aims of Zoning and Plan- ning, to prevent development of con- gested areas. Consequently, the Planning and Zon- ing Commission sincerely recommends to your honorable Body that the peti- tiion be denied. Respectfully submitted, THE DUBUQUE PLANNING AND ZONING COMMISSION, RICHARD V. McKAY, Sec'y. Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. November 3, 1941. To the Honarable Mayor and City Council, Dubuque, Iowa. Gentlemen—Referring to attached pe- tition of Mr. and Mrs. A. J. Mackert, et al, requesting re -zoning of property now toped as a Two -Family District in Mobley's Dubuque, Collins' Sub., Bell's Sub. and Keogh's Sub. from Two -Fam- ily Residence to Multiple Family Resi- dence Classification, the Planning and Zoning Commission recommends the granting of the petition. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION, RICHARD V. McKAY, Secretary. Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be approved and that the City Solicitor be instructed to prepare the proper proceedings. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. November 3, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — At the session of the City Council held October 6th, the pe- tition of , Leo H. Mohr, et al, requesting an investigation of the condition of the Bee Branch Sewer at the corner of East 22nd Street and the railroad tracks was referred to the City Manager for investigation and report. On the following day, October 7th, Dr. C. L. Putnam and A. L. Bennett of the State Department of Health came here in response to a similar complaint. The three of us investigated conditions along the Bee Branch Sewer. The re- port of the findings is in the. attached report and correspondence. Briefly stated the State Department of Health declares that the situation is a nuisance and that it is unhealthful and recom- mends that an engineering study be made of the feasibility of carrying the packing house sewage into existing sanitary sewers and if such a method is practical, to require the Packing Com- pany to collect the solids before they enter the sanitary sewer line. I recommend that the suggestions of the State Department of Health be fol- lowed in an attempt to solve the nuis- ance condition in the Bee Branch storm sewer. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 131-41. Whereas, It is deemed for the best interest of the City of Dubuque that t"e Municipal Airport be leased for a period of five (5) years to Dubuque Airways, Inc., a corporation of Iowa having its principal place of business at Dubuque, Iowa, upon such terms and conditions as have been incorporated in a written lease, such lease having been prepared and is now on file in the office of the City Clerk; Now, There- fore, Be It Resolved, By the City Council of said City that said lease be, and the same is hereby approved, and the Man- ager and Clerk are authorized to exe- cute the same on behalf of said City of Dubuque; $e It Further Resolved, That this Resolution and the Contract of Lease referred to remain on file in the office of the City Clerk for public inspection for at least one week before final action is taken thereon. Dated this 20th day of October. 1941. Final Adoption. The foregoing resolution was finally adopted by the City Council on the 3rd day of November, 1941. FRANK VAN DUELMAN, F. W. THOMPSON,Mayor. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Attest: J. J. SHEA, Councilmen. City Clerk. Regular Session, November 3rd, 1941. 273 Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Contract of Lease for City Airport. This CONTRACT and AGREE- MENT is hereby entered into between the CITY OF DUBUQUE, as Lessor, and the DUBUQUE AIRWAYS, IN- CORPORATED, as Lessee, for the use and operation of the Dubuque Air- port, upon the following terms, to -wit: IT IS AGREED: First: The City of Dubuque has, and by these premises does, hereby lease to Dubuque Airways, Incorporat- ed, the Dubuque Airport, located on the central portion of Ham's Island and'on property owned by said city. During the period of this lease, the Dubuque Airways, Incorporated, shall have the exclusive right to operate said airport and to conduct a commercial flying business thereon, subject to the follow- ing exceptions: (a) All planes, no matter by whom owned or operated, shall at all times have the privilege and right, without charge, to land on the airport, to park on the edges of the field and to take off from the runways, or from the air- port field. (b) No planes shall have the right, without Lessee's consent, to operate from said airport in the transportation of passengers or freight for hire or in training student flyers, except that all out -of -city planes may, without charge, make use of said airport at all times for the purpose of discharging passengers or freight destined or consigned to Du- buque, or for taking on passengers or freight destined or consigned to other ports. (c) The Lessee shall have the right to prescribe the conditions upon which such airport and hangar facilities may be used by owners of local planes, and to make uniform rules, regulations and charges for the use of the airport by planes engaged in carrying passengers from and to said airport, also for han- gar rental and the teaching of student flying, which rules, regulations and charges shall at all times be just and reasonable. Second: The Lessee shall provide the following -services and comply with the following conditions: (a) Employ an experienced, capable and licensed pilot at the airport during daylight flying hours for the entire life of the lease. (b) Furnish, provide, maintain and have available for students, for pleasure and for commercial flying, two airwor- thy planes. One plane shall have a ca- pacity of at least three passengers; the other plane shall have a capacity of at least one passenger. These two planes shall be available for operation at all times during the period of the lease, bad weather and field conditions being excepted. No plane of the Lessee shall be kept out of service on account of repairs for any period longer than is ab- solutely necessary to make the repairs and restore the same to airworthy con- dition. Nothing herein shall be con- strued to denyto the Lessee the right to own and/or operate more than two planes at any time during the term of this lease. (c) Operate all planes with proper licensed pilots. (d) The Lessee shall carry Public Liability Insurance with a limited lia- bility of $5,000.00 for each person and total liability of $10,000.00 for each acci- dent, for the protection of persons in- jured while on the leased premises caused through the negligent operation and use of planes owned by said Lessee provided, however, that such insurance shall not apply to passengers carried by Lessee while in flight. All injuries to persons, or damages to property occur- ring upon the airport nremises, through the negligence of the Lessee, its agents or employees, shall be the responsibility of Lessee, and the Lessor shall not be liable in any manner therefor. (e) The Lessee shall establish a uni- form -schedule of rates for the use of hangars, for cost of flying service to other airports, including transportation of passengers by planes owned by said Lessee and for all other services pro- vided by said Lessee. All such rates shall be fair and reasonable and com- mensurate with the services rendered, shall be filed with the City Clerk and a copy thereof shall be kept posted at all times upon the leased premises. (f) The Lessee shall co-operate with the Lessor in the enforcement of any Ordinance which may be adopted by said Lessor prescribing rules and regu- lations governing the operation of planes over the City of Dubuque. Third: The Lessor agrees: (a) To provide a telephone upon the leased premises. (b) To provide fire insurance on the city hangar. (c) To sr labor and equipment to cut grass andweedsup ha port areas and to smooth and roll the runways as may become necessary. w'-.1445 -- 274 Regular Session, November- 3rd, 1941. Fourth: Should conditions hereafter arise, making it necessary, in the public interest and to use said airport so as to render the same of greater service and value, then and in such event the Les- sor reserves the right to direct the Les- see to so use said airport as to fully meet -such conditions, provided, how- ever, that the Lessor shall not permit or require any use of said airport, which shall in any way lessen the rights of the Lessee hereunder or impair the obliga- tions of this contract. Fifth: The period of this lease shall be for five years from date hereof and at the expiration of the same, the Les- see shall return to the Lessor all prop- erty belonging to the Lessor upon the leased premises in as good condition as when received, ordinary wear and tear and action by the elements being ex- cepted. However, this lease and all of the provisions thereof may be termin- ated by the Lessor in the event such Lessee shall violate or breach any of its provisions, upon giving to such Lessee a 30 -days' notice in writing of such termination. Should such lease be thus terminated, the Lessee shall give up peaceable emises to the Lessor satsthe end of susion of said ch 30 -day period. Sixth: The Lessee shall comply with all of the provisions of the Laws of Iowa. Seventh: This contract and agree- ment shall be considered as personal and shall not be transferred, assigned or sublet by the Lessee, without the written consent of the Lessor. Eighth: This contract and agree- ment shall be in force and effect after it has been approved by the City Coun- cil of the City of Dubuque, Iowa, and executed by the authorized city officials and by the Dubuqu eAirways, Incor- porated, by its authorized officials. CITY OF DUBUQUE, IOWA, Lessor By A. A. RHOMBERG, City Manager Witness: R. P. MARSHALL. By J. J. SHEA, City Clerk Witness: OTTO F. PULS. DUBUQUE AIRWAYS, INCOR- PORATED, Lesse( By R. L. McCAFFREE, Presiden Witness: C. E. ALLEN. Resolution No. 132-41. Resolution Approving Contract witl Dubuque Packing Company and Di recting the Mayor and Clerk of th City of Dubuque to Execute Sam In Its Behalf. Whereas, it is deemed advisable b the Council of the City of Dubuque t N acate Cedar Street from the Nort line of East 16th Street to the South line of East 19th Street; East 18th Street from the East line of the alley first West of Cedar Street to the West line of Sycamore Street; East 17th Street from the East line of the alley first West of Cedar Street to the West line of Cedar Street; and the alley ly- ing between Cedar Street and Syca- more Street from the South line of East 19th Street to the North line of East 18th Street and to convey such vacated areas to Dubuque Packing Company; and Whereas, Dubuque Packing Com- pany, in consideration of the vacation of said streets and alleys, will pay the costs and expenses of filling and con- structing Lynn Street from the North line of East 16th Street to the South line of Eas 18th Street and will permit East 18th Street to remain open for public travel for certain stated periods; and Whereas, a contract evidencing the agreement between the parties has been prepared and is hereto attached; Now, Therefore, Be It Resolved, by the Council of the City of Dubuque that said contract be and the same is hereby approved; Be It Further Resolved, that this Resolution and the contract hereto attached be filed in the Office of the Clerk for public inspec- tion for at least one (1) week and that, thereafter, the Resolution and Contract be considered for final approval and adoption; Be It Further Resolved, That upon the final adop- tion of said Contract, that the Mayor and Clerk be and they are hereby au- thorized and directed to execute said Contract for and on behalf of the City of Dubuque. Introduced this 20th day of October, 1941. Passed, adopted and approved this 3rd days of November, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded i by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Contract and Agreement. Y Whereas, hereas, Dubuque Packing Com - h pany has petitioned the City Council of Regular Session, November 3rd, 1941. the City of Dubuque to vacate Cedar Street from the North line of East 16th Street to the South line of East 19th Street; East 18th Street from the East line of the alley first West of Cedar Street to the West line of Sycamore Street; East 17th Street from the East line of the alley first West of Cedar Sreet to the West line of Cedar Street; and the alley lying between Cedar and Sycamore Streets from the South line of East 19th Street to the North line of East 18th Street, and to convey said vacated areas to Dubuque Packing Company; and Whereas, Dubuque Packing Com- pany is the owner of all of the lands abutting upon said streets and alleys and such streets and alleys are not needed for public use or purposes; and Whereas, The Council of the City of Dubuque is agreeable to the vacation of said streets and alley and the convey- ance of the same to Dubuque Packing Company in consideration of the per- formance of the conditions hereinafter stated and agreed upon; Now, There- fore, It Is Agreed by the parties hereto as follows: 1. In consideration of the vacation of Cedar Street from the North line of East 16th Street to the South line of East 19th Street; of East 18th Street from the East line of the alley first west of Cedar Street to the West line of Sycamore Street; of East 17th Street from the East line of the alley first West of Cedar Street to the West line of Cedar Street; and of the alley ,lying between Cedar and Sycamore Streets from the South line of East 19th Street to the North line of East 18th Street and the conveyance of said vacated areas to Dubuque Packing Company, said Dubuque Packing Company, at its own expense, shall fill Lynn Street from the North line of East 16th Street to the South line of East 18th Street tto grade to a width at the top of (30) feet and will build and construct the same of such materials and in such manner so as to conform with the plans and specifications to be prepared by the City Manager and such construc- tion shall be done under his supervi- sion, direction and control. Said Du- buque Packing Company shall permit East 18th Street from the East line of the alley first West of Cedar Street to the West line of Sycamore Street to remain open until said Lynn Street i� constructed and, therefore, until such Com- panytime as said ue deems itne necessary or advisable close the same. 2. In any action brought in law of equity to challenge the validity of an} Ordinance providing for the vacation 0 275 such streets and alley, the Dubuque Packing Company will defend such ac- tion and save harmless the City of Du- buque from any losses, damages, or ex- penses which may be incurred as a re- sult of such vacation proceedings, and will pay any and all damages and costs arising from such actions. 3. In consideration of the agreement by said Dubuque Packing Company to do and perform the matters and things herein stated, the City of Dubuque, act- ing by and through its City Council, will vacate said streets and alleys and convey said vacated areas to Dubuque Packing Company upon proper Deed of conveyance containing such restric- tions and reversions as may be con- tained within the vacation Ordinance. In Witness Whereof, said City of Dubuque has caused this agreement to be executed by the Mayor and Clerk thereof pursuant to authority of a reso- lution adopted by the City Council of said City on the 2nd day of November, 1941, and Dubuque Packing Company has executed this agreement by its President for and in its behalf. All done at Dubuque, Iowa, this 3rd day of November, 1941. CITY OF DUBUQUE, By FRANK VAN DUELMAN, Mayor By J. J. SHEA, Clerk. DUBUQUE PACKING COMPANY By H. W. WAHLERT, President. Resolution No. 136-41. Whereas, the Planning and Zoning Commission of the City of Dubuque recommended to the City Council the rezoning of the area bounded by the center line of 3rd Street on the south; center line of 6th Street on the north; the center line of Locust Street on the east; and the center line of Bluff Street on the west, from "Two Family Resi- dence District" to "Multiple Residence District." Whereas, the City Council deems it advisable to amend the Zoning Ordi- nance of the City of Dubuque to com- ply with the recommendations made by the Planning and Zoning Commission. Whereas, Before the Zoing Map and the Zoning Ordinance of the City of Dubuque may be amended and changed it is necessary that a public hearing be held. Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque: That question ere should changing theaareubc a on the qq 276 Regular Session, November 3rd, 1941. bounded by the center line of 3rd Street on the south; center line of 6th Street on the north; the center line of Locust Street on the east; and the center line of Bluff Street on the west from "Two Family" to "Multiple Residence" classi- fication, and that the City Clerk be and he is hereby directed to cause to be published in the Official Newspapers of the City of Dubuque notice of such hearing to be held by this Council upon the proposed change and amendment, that the time and place be and the same is hereby fixed for said hearing at 7:30 P. M., November 21st, 1941, in the City Council Chamber in the City Hall, Du- buque, Iowa. Said notices to be so published so as to leave at least fifteen days between the day of the publication and the time fixed for said hearing, and that at said hearing any and all inter- ested parties and citizens shall have an opportunity to be heard. Passed, adopted and approved this 3rd day of November, 1941. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 137-41. Whereas, The Planning and Zoning Commission of Dubuque has recom- mended to the City Council that the Zoning Ordinances of the City of Du- buque be changed so as to change the lot area per family in "Multiple Resi- dence District" of two family dwelling from two thousand five hundred (2500) square feet per family to one thousand two hundred fifty (1250) square feet per family; so as to change the lot area per family in "Local Business District" of two family dwelling from two thous- and five hundred (2500) square feet to one thousand two hundred fifty (1250) square feet per family; so as to change the lot area per family in "Business District" of two family dwelling from two thousand five hundred (2500) square feet per family to one thousand two hundred fifty (1250) square feet per family; so as to change the lot area in "Light Industrial Diistrict" of two family dwelling from two thousand five hundred (2500) square feet per family to one thousand two hundred fifty (1250) square feet per family and to change the lot area of row house from two thousand two hundred fifty (2250) square feet per family to one thousand two hundred fifty (1250) square feet per family; and hereas, Before said Zoning Map may be thus amended and changed, it is necessary that a Public Hearing be held thereon; Now, Therefore Be It Resolved, By the City Council of the City of Dubuque: That there should be a hearing on the question of changing the various lot areas as above set forth, and that the City Clerk be, and he is hereby di- rected to cause to be published in the Official Newspapers of the City of Du- buque notices of public hearing to be held by this Council upon the proposed change and amendment, that the time and place be and the same is hereby fixed for said hearing at 7:30 P. M., November 21st, 1941, in the City Coun- cil Chamber in the City Hall, Dubuque, Iowa, said notices to be so published so as to leave at least fifteen days between the day of the publication and the time fixed for said hearing, and that at said hearing any and all interested parties and citizens shall have an opportunity to be heard. Passed, adopted and approved this 3rd day of November, 1941. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPH Y, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 138-41. Be It Resolved, By the City Council of t1be City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Harry Grode (Transfer of address from 1643 Central Avenue) 1638 Central Avenue. Mrs. Rosemary Hird, 2220 University Avenue. Regular Session, November 3rd, 1941 Be It Further Resolved, That the bonds filed with the applications be approved. Passed, adopted and approved this 3rd day of November, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 139-41. Whereas, Applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applica- tions be and the same are hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicants shall be forthwith inspected. Class "B" Permit. Name Address Wm. Barrington and Glen Miller, 250 West 1st Street. Milton J. Kalmes and Anna C. Kalmes. 1085 University Avenue. Mrs, Margaret Blum, 700 East 16th St. Ray Nicks, 521 East 22nd Street. Mrs. Viola Grode and Harry Grode address(Transfer of 3 Cen- t al Avenue) 1638Centr l Avenue. nue. Lewis A. Freymann and Spencer P. Wright, 332 Eighth Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Mrs. Rosemary Hird, 2220 University Avenue. Passed, adopted and approved this 3rd day of November, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. 277 Councilman Wharton moved thte adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 140-41. Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordi- nances of this City and they have filed a proper Bond; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Per- mit. Class "B" Permit. Name Address Wm. Barrington and Glen Miller, 250 West 1st Street. Milton J. Kalmes and Anna C. Kalmes, 1085 University Avenue. Mrs, Margaret Blum, 700 East 16th St. Ray Nicks, 521 East 22nd Street. Mrs. Viola Grode and Harry Grode (TraAvenue) 1638 Central Avensfer of addss from tt Cen- tral . Lewis A. Freymann and Spencer P. Wright, 332 Eighth Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Mrs. Rosemary Hird, 2220 University 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 November, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van il��en Murphy, Schuel- ler,Thompson,cWharton. Nays—None. r,None. 278 Regular Session, November 3rd, 1941. Councilman Schueller moved that the City Solicitor be instructed to draw up a proper resolution for the purchasing of an American -Ira France Combination Pumping Engine with Cab Equipment according to specifications. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson. Nays—Councilman Whar- ton. Councilman Murphy not voting. Resolution No. 141-41 Whereas, The City of Dubuque, pur- suant to an advertisement for bids on the furnishing of fire apparatus, did on the 11th day of September, 1941, at ten o'clock A. M., at the City Clerk's office in the City Hall, Dubuque, Iowa, re- ceive bids for the furnishing of one 750 gallon triple combination fire engine pumper, which said bids were taken under advisement by the City Council; and Whereas, The proposals have beer compared and examined and this Coun. cil has determined that the most favor• able proposal received was submitted by the American-LaFrance Foamite Corporation of Elmira, N. Y.; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, That the con- tract for the furnishing of one 750 gal- lon triple combination fire engine pumper with three man steel cab equip- ment in the amoun' of $8,844.00, be awarded to the American -La France Foamite Corporation, Elmira, N. Y., and that the contract hereto attached is approved and made a part hereof, and the Mayor and Clerk be, and they are hereby authorized and directed to exe- cute the same on behalf of the City of Dubuque; Be It Further, Resolved, That this resolution being deemed urgent and of immediate ne- cessity, become effective from and after its final passage and adoption by the City Council. Approved and placed on file for pub- lic inspection for one week on Novem- ber 3, 1941. Councilman Schueller moved that the resolution and contract be approved and placed on file for public inspection for one week. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Schueller, Thompson. Nays—Councilmen Murphy, Wharton. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved� 942. Adopted -&7 41942. �r n. r Attest: it City Clerk. V "h, Special Session, November 21st, 1941 City Council (Official) Special Session, November 21st, 1941. Council met at 8:00 P. M. Present — Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Meeting called by order of Council- men Wharton and Thompson. 279 time. Councilman 'Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. 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 before its final adoption. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon proposals to amend and change the Zoning Map and Zon- ing Ordinance and 'acting on any other business as may properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of a public hear- ing upon a proposal to amend and change the Zoning Map and Zoning Ordinance by changing from 'Two - Family Residence District" to 'Multi- ple Residence District" the area bound- ed by the center line of 3rd Street on reet on the northcenter oh centerlineoftLocu t Street on the east; and the center line of Bluff Street on the west, presented and read. No written objections filed and no objectors present in the Council Chamber. Councilman Thompson moved that the proofs of publication be received and filed. Seconded by Coufoln- cilman Schueller. Carried by lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 33-41. An Ordinance ng amending and changing the 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 "Mul- tiple Residence District" certain defined territory now being delimited as "Two - Family Residence District" presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen ton. Mur- phy, Schueller, Thompson, Nays—None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the Van following vote: Yeas—May Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays— The ordinance was then read a second Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amendand change the Zoning Map and Zoning Ordinance so as to change the lot area required of two family dwelling in "Multiple Residence District," "Local Business District," "Business District," and "Light Industrial District," and of row house in "Light Industrial Dis- trict", presented and read. No written objections filed and no objectors pres- ent in the Council Chamber. Council- man Thompson moved that the proofs of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 34-41. An Ordinance amending and changing the Zoning Map of the City of Dubuque as provid- ed by Ordinance No. 3-34, designated as "The Zoning Ordinance of the City of Dubuque" so as to change the lot area required of two family dwelling in "Multiple Residence District, Local Business District," Business District," and "Light Industrial District," and of row house in Light Industrial Dis- trict," presented and read. Councilman Thompust had be considered on moved t cons der dthe first readihat the ng of the ordinance. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Council- man Thomp- son, Wharton. Nays— None man Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by -Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. The ordinance was then read a second time. Councilman Thomt had besconsidered son moved that the reading j the secondCouncilman of the ordinance. econded byy Schueller. Carried by the following vote: Yeas— Mayor Van Duelman,,WhaCouncilmen rton. ur- phy, Schueller, Thompson Nays—None. Councilman Thompson 280 Special Session, November 21st, 1941. moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Council- man Schueller. Carried by the follow- ing vote: Peas—Mayor Van DuelmanI Councilmen Murphy, Schueller, 'Thomp- son, Wharton. Nays—None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Mr. Coates addressed the Council, re- questing that he be given some of the rubbish collected by the City for the purpose of filling his lot. Councilman Thompson moved that the verbal re- quest of Mr. Coates be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of the Junior Auxiliary of the Visiting Nurse Association request- ing permission for the holdng of a "Bangle Day" on December 13th, 1941, presented and read. Councilman Mur- phy moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Petition of Mrs. B. L. Baumhover, et al, requesting that the name of North Dodge Street be changed to that of North Fremont, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel- �nan, Councilmen Murhpy, Schueller, Thompson, Wharton. Nays—None. Petition of Wm. Hammerand, re- questing a refund in the amount of $31.28 with interest from June 24, 1925. for payment of special assessment for sewer and water connections abutting the South 20 feet of Lot 216 in Davis Farm Addition, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for recommendation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Petition of Joseph C. Camm, et al, requesting the rezoning of the Single Family Residence District bounded on the east by the center line of Irving Street and Avoca Street, bounded on the north by the center line of Decorah Street and Cherry Street, on the west by the Asbury Street Local Business District and on the south by the Uni- versity Avenue Local Business District to Two -Family Classification, presented and read. Mr. Joseph Camm addressed the Council requesting that the petition be granted. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. To the City of Dubuque, Iowa: For Value Received, the undersigned does hereby assign and set over to the American Trust & Savings Bank of Dubuque, Iowa, all of the proceeds due or to become due by reason of, or in any way connected with, or arising out of a contract by and between the un- dersigned and the City of Dubuque, Iowa, for the construction of certain improvements more particularly de- scribed as follows: The construction of a six (6) inch vitrified tile sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street, to Lot 2 of 4 of Fremont Avenue Sub. and southerly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, in the City of Dubuque, Iowa, such contract being dated the 14th day of October, 1941, and the total cost of the improve- ment being in the approximate amount of Five Thousand, Three Hrndred, Fifty -Seven and 25/100 Dollars ($5,357.25). You are hereby authorized and di- rected to deliver said proceeds, whether same be in cash, bonds, certificates, warrants, or other securities, to the said American Trust & Savings Bank, free and clear of any charge or incumbrance of any kind whatsoever. Dated this 5th day of November, A. D. 1941. JAS. F. LEE individually and doing business as the JAS. F. LEE PAVING CO. We hereby accept this Order on be- half of the City of Dubuque, Iowa, and agree to carry out the terms of the same. FRANK VAN DUELMAN, Mayor. J. J. SHEA, City Clerk. Councilman Wharton moved that the assignment be received and made a matter of record. Seconded by Coun- Special Session, November 21st, 1941. 281 cilman Schueller. Carried by the fol- lownig vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. To the City of Dubuque, Iowa: For Valtrt Received, the undersigned does hereby assign and set over to the American Trust & Savings Bank of Dubuque, Iowa, all of the proceeds due or to become due by reason of, or in any way connected with, or arising out of a contract by and between the un- dersigned and the City of Dubuque, Iowa, for the construction of certain improvements more particularly de- scribed as follows: The Construction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet northerly, in the City of Du- buque, Iowa, such contract being dated the 14th day of October, 1941, and the total costs of the improvement being in the approximate amount of Four Hun- dred Thirty-two and n6/100 Dollars ($432.00). You are hereby authorized and di- rected to deliver said proceeds, whether same be in cash, bonds, certificates, warrants, or other securities, to the said American Trust & Savings Bank, free and clear of any charge or incumbrance of any kind whatsoever. Dated this 5th day of November, A. D. 1941. JAS. F. LEE individually and doing business as the JAS. F. LEE PAVING CO. We hereby accept this Order on be- half of the City of Dubuque, Iowa, and agree to carry out the terms of the same. FRANK VAN DUELMAN, Mayor. J. J. SHEA, City Clerk. Councilman Wharton moved that the assignment be received and made a matter of record. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton, Nays—None. November 10th, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department, City Recreation Director and City Water- works, also a list of claims and pay- rolls for which warrants were drawn during the month of October, 1941. Respectfully submitted, A. A. RHOMC y Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Schueller, Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Council Proceedings for the month of September, 1941, presented for ap- proval. Councilman Thompson moved that the Council Proceedings for the month of September, 1941, be approved as printed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. November 18, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held November 3, 1941, the petition of W. F. Riddle, et al, re- questing that the depressions in the al- ley between Jackson and Washington Streets from 14th to 15th Street be brought to alley grade was referred to the Council to view the grounds. The Council viewed the grounds, or- dered this request granted and saw the completed work. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Manager Rhom- berg be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. November 18, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — At the session of the City Council held October 6, 1941, the petition of Walter P. Asmussen request- ing the City Council to look into the matter of the drainage of the alley first south of Kirkwood Street from Blake Street westerly stating that the water from said alley is draining into his prop- erty and causing damage was referred to the Council to view the grounds. The Council viewed the grounds and concluded that the alley being in its natural state, never having been brought to grade, and no public use being made of it now nor none contemplated, that the correction of the natural drainage condition was not an obligation of the city. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOC B R ager. 282 Special Session, November 21st, 1941. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved and the action of the City Council confirmed. Second- ed by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. November 18, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — At the session of the City Council held November 3, 1941, the petition of J. F. Kircher, et al, re- questing the installation of a street light on Coates Street between Con- cord and Crass Sreets was referred to the Council to view the grounds. The Council viewed the premises and determined to grant the petition. 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 action of the City Council confirmed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. November 18, 1941. Councilman Thompson moved that the recommendationof Cit theanager Rhomberg be approvedand of the City Council confirmed and that the City Solicitor be instructed to pre- pare the proper proceedings. Seconded by Councilman Murphy. by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. November 19, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held October 6, 1941, the petition of Mrs. C. Berwanger, et al, requesting that King Street be im- proved to permit pedestrians and ve- hicle traffic was referred to the Council to view the grounds. The Council viewed the premises and concluded that the street should be smoothed off before winter and the holes filled. I recommend that the de- cision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved and the action of the City Council confirmed. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. November 20, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen — At the session of the City Council held November 3, 1941, the request of Marmis and Solomon for the use of the alley east of Lots 7, 8 and 9 of Block 13 of Dubuque Harbor Company's Addition was referred to the Council to view the grounds. The Council viewed the site and de- cided to allow Marmis & Solomon, as owners of Lots 7, 8 and 9 of Block 13 of Dubuque Harbor Company's Addi- tion the use of the alley adjacent to these lots until such time as the public use thereof is required, provided there are no objections from the owners of other property in the vicinity. I recommend that the action of the Council be confirmed and the City So- licitor instructed to prepare the proper proceedings granting Marmis & Solo- mon the use of the above mentioned portion of the alley under such terms and conditions as the Council may see fit to impose. Respectfully submitted, A. A. RHOMBERG, City Manager. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—The three year term of John A. Kerper as a member of the Board of Dock Commissioners expires on November 26th, 1941. This matter is brought to your atten- tion for your action. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that Mr. John A. Kerper be reappointed as a member of the Board of Dock Com- missioners for a term of three years, said term expiring November 26th, 1944. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. November 6, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Andrew Brummer, for Suspension of Taxes on City Lot N. /-262 asking that the 1940 taxes be suspended Special Session, November 21st, 1941. 283 because of age and infirmity, I recom- mend that the Petition be approved by the City Council of the City of Du- buque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solictior. Councilman Murphy moved that the recommendation of City Solicitor Kintz- inger be approved and the petition of Andrew Brummer requesting suspen- sion of the 1940 taxes on the North one half of City Lot 262 be granted and the Board of Supervisors to be notified of Council action. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None, Resolution No. 142-41. Resolution and Application for Perma- nent Transfer of Funds. Whereas, an emergency tax levy was made by the City Council of the City of Dubuque for use in supplementing the fund required for debt service dur- ing the fiscal year beginning April 1, 1941, and ending March 31, 1942, upon authority and approval of the State Comptroller; and Whereas, as of the 1st of November, 1941, there were cash balances in the Grading Fund of $4,707.43 and in the Improvement Fund of $10,703.74; and Whereas, there is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $23,- 580.62, which is available for transfer to the Grading and Improvement Funds above referred to for debt service; and Whereas, on November 1, 1941, Grading Bonds in the amount of $10,- 000.00 and Improvement Bonds in the amount of $30,000.00 matured and Grading Bond Interest in the amount of $1,800.00 plus Improvement Bond Interest in the amount of $3,487.50 be- came due and payable; and Whereas, in order to pay the obliga- tions due it is necessary to make trans- fers of $10,000.00 from the Emerge3 Fund to the Grading Fund and of $13 487.50 from the Emergency Fund to thi Improvement Fund; and Whereas, before any transfer can and b4 made from the Emergency Fund must b any other fund, an application made to the State Comptroller for au thority to make the transfer and hi approval secured thereon; Now, There fore, Be It s. 3 Resolved, By the City Council of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there are hereby transferred from the Emergency Fund the sum of $10,000.00 to the Grading Fund and the sum of $13,487.50 to the Improvement Fund, and the State Comptroller is hereby petitioned to authorize and ap- prove such transfers; and Be It Further Resolved, That upon the approval of such transfers the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfers, and such notification shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted and approved by unanimous action of the City Council on the 21st day of November, 1941, and all members thereof signed their names thereto. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Cuuocilman Wharton moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 143-41. Resolution and Application for Perma- nent Transfer of Funds. Whereas, on November 1, 1941, Im- provement Bonds in the amount of $30,000.00 matured and Improvement Bond Interest in the amount of $3,- 487.50 become due and payable; and Whereas, There is now in the hands of the City Treasurer and credited to the Improvement Fund the sum of $10,703.74 which is to be supplemented by a transfer of $13,487.50 from the Emergency Fund; and Whereas, as of the 1st of November, 1941, there were balances of $67,735.45 in the Water Works General Fund and of $104,765.40 in the Water Works Sinking Fund; and Whereas, no Water Works Bonds nor Interest are due and payable during the remainder of the current fiscal year and $32,000.00 in bonds and $3,565.00 it, interest become due and year and, ayabletherefduring the succeeding y 284 Special Session, November 21st, 1941. requirements of Section 6151.1 of the Code of Iowa have been fully met; and Whereas, in order to pay the obliga- tions due, it is necessary to make a transfer of $20,000.00 from the Water Works General Fund to the Improve- ment Fund; and Whereas, Before any transfer can be, made from the Water Works General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, that subject to the approval of the State Comptroller, there be and there is hereby transferred from the Water Works General Fund to the Improvement Fund the sum of $20,000.00, and the State Comptroller is hereby petitioned to authorize and ap- prove such transfer; Be It Further Resolved, That upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasu- rer of such transfer and such notifica- tion shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted and approved by unanimous action of the City Council on the 21st day of No- vember, 1941, and all members thereof signed their names thereto. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, CEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Cuncilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharfon. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 144-41 Whereas, The Planning and Zoning Commission of the City of Dubuque recommended to the City Council the re -zoning of Mobley's Dubuque Addi- tion, Collins' Sub., Bell's Sub., and Keogh's Sub., from "Two Family Resi- dence District" to "Mutiple Residence District." Whereas, The City Council deems it advisable to amend the Zoning Ordi- nance of the City of Dubuque to com- ply with the recommendations made by the Planning and Zoning Commis- sion. Whereas, Before the Zoning Map and the Zoning Ordinance of the City of Dubuque may be amended and changed, it is necessary that a public hearing be held; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque: That there should be a public hearing on the question of changing Mobley's Dubuque Addition, Collins' Sub., Bell's Sub. and Keogh's Sub., from "Two Family Residence District" to "Multi- ple Residence District" classification, and that the City Clerk be and he is hereby directed to cause to be pub- lished in the Official Newspapers of the City of Dubuque notices of such hear- ing to be held by this Council upon the proposed change and amendment, that the time and place be and the same is hereby fixed for said hearing at 7:30 P. M., December 12th, 1941, in the City Council Chamber in the City Hall, Du- buque, Iowa. Said notices to be so published -so as to leave at least fifteen days between the day of the publica- tion and the time fixed for said hearing, and that at said hearing any and all -in- terested parties and citizens shall have an opportunity to be heard. Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carrried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 145-41. Be It Resolved, By the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sale of cig- arettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Wm. C. Tharp, 2403 Central Avenue. Be It Further Resolved, That the bond filed with the application be ap- proved. Special Session, November 21st, 1941. 285 Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 146-41. Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque that the following ap- plication be and the same is hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit. Name Address Jay McCabe and Clara McCabe, 28 East 24th Street. Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, CFO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adop• tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Vat Duelman, Councilmen Murphy, Schuel• ler, Thompson, Wharton. Nays—None Resolution No. 147-41. Whereas, Heretofore application wa filed by the within named applicant fo Class "B" Beer Permit and it has re ceived the approval of this Council; an Whereas, The premises to be occr pied by such applicant have w ween ir ith and found to complyith th ordinances of this City and a proper bond has been filed; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque that the City Manager be and he is hereby directed to issue to the following named applicant a Beer Permit. Class "B" Permit. Name Address Jay McCabe and Clara McCabe, 28 East 24th Street. Be It Further Resolved, That the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 148-41. Whereas, the South one-half of Lot 308 of East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, was sold on February 3, 1936, to Dubuque County, Iowa, by the Count Treasurer of Dubuque County, for delinquent taxes and unpaid taxes against the real estate for the years 1928 to 1934, inclusive, and Whereas, The said Dubuque County, Iowa,desires to sell the above Real Estate to yincentFrancois described for $51.00, and Whereas, The sale fid property Dubuque County, Iowa, Francois for a sum less than the total amount stated in the Tax Certificate including all endorsements of subse- quent general taxes, interests ofda ma- jority the written app tifyin ofball odiesthe havinglevying anyand inter interest in saidg Therefore, said general taxes; Now, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to Vincent Francois for 286 Special Session, November 21st, 1941. the sum of $51.00 in cash, be and the same is hereby authorized and approved. Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 149-41. Whereas, The South one-half of the West Twenty -Five feet of Lot 760-A of A. McDaniel's Subdivision in the - City of Dubuque, Dubuque County, Iowa, was sold on February 3, 1936,,jo Dubuque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1934, inclusive, and Whereas, The said Dubuque County, Iowa, desires to sell the above described real estate to William B. Fleege for $100.00, and Whereas, The sale of said property by Dubuque County, Iowa, to William B. Fleege for a sum less than the total amount stated in the Tax Certificate including all endorsements of subse- quent general taxes, interests and costs requires the written approval of a ma- jority of all the tax levying and tax certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to William B. Fleege for the sum of $100.00 in cash, be and the same is hereby authorized and ap- proved. Passed, adopted and approved this 21st day of November, 1941. Councilmen Murphy moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler Thompson, Wharton. Nays—None. Resolution No. 141-41. Whereas, The City of Dubuque, pur- suant to an advertisement for bids on the furnishing of fire apparatus, did on the 11th day of September, 1941, at ten o'clock A. M., at the City Clerk's office in the City Hall, Dubuque, Iowa, re- ceive bids for the furnishing of one 750 gallon triple combination fire engine pumper, which said bids were taken under advisement by the City Council; and Whereas, The proposals have been compared and examined and this Coun- cil has determined that the most favor- able proposal received was submitted by the American-LaFrance Foamite Corporation of Elmira, N. Y.,; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa: That the contract for the furnishing of ohe 750 gallon triple combination fire engine pumper with three man steel cab equipment in the' amount, of $8,- 844.00, be awarded to the American- LaFrance Foamite Corporation, Elmi- ra, N. Y., and that the contract hereto attached is approved and made a part hereof, and the Mayor and Clerk be, and they are hereby authorized and di- rected to execute the same on behalf of the City of Dubuque, Iowa; Be It Further Resolved, That this resolution being deemed urgent and of immediate neces- sity, become effective from and after its final passage and adoption by the City Council. Approved and placed on file for pub- lic inspection for one week on Novem- ber 3, 1941. Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, B. A. SCHUELLER, Councilmen. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Schueller, Thompson. Nays—Councilmen Mur- phv, Wharton. Special Session, November 21st, 1941. 287 Councilman Thompson moved that City Clerk J. J. Shea be appointed Act- ing City Manager during the absence of City Mannager A. A. Rhomberg from the city Seconded by Councilman Schueller Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved _ _aG------ 1942. c� Adopted; _Ii2Q'/Yi&.&L -1942. 1 r/- 0 Cl/- CX Attest: City Clerk. 288 Regular Session, December 1st, 1941. City Council (Official) Regular Session, December 1st, 1941. Council met at 8:15 P. M. Present—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Mayon Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. November 20, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—I hereby certify that the work of constructing a six-inch vitri- fied tile sanitary sewer in Plum Street from the manhole in Rush Street two hundred and eighty feet northerly un- der the contract bearing date of October 14, 1941, by and between James F. I,ee and the City of Dubuque, has been completed according to the terms, con- ditions and stipulations of said contract, and in every way complies with the same and with the plans and specifica- tions for said improvement. I further certify that said improve- ment as constructed embraces the fol- lowing materials and work: 280 lineal feet of 6" vitrified tile sewer pipe @ $1.35 ---------- $378.00 4 Y branches @ $1.00---------- 4.00 1 Brick manhole @ $50.00------ 50.00 Total due contractor ---------$432.00 That the additional cost and expense incident to said improvement and which should be included in the amount to be assessed is as follows: Interest for 54 days @ 69o' ------ 3.89 Making total cost of said improvement ---------------$435.89 I recommend the acceptance of the work by the City Council. Respectfully submitted, A. A. 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 Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 150-41. A resolution accepting the improvement for the con- struction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present manhole in RushStree to two hundred and eighty ( ) 289 northerly and directing the Clerk to publish notice of the Council's inten- tion to levy special assessments as re- quired by law presented and read. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Des Moines, Iowa, Nov. 22, 1941. To the City Council of Dubuque, Dubuque, Iowa. Gentlemen—With reference to the Resurfacing of pavement on West Third Street from Burch Street to Al- pine Street, Dubuque, Iowa, we have inspected the materials and mixtures used in this resurfacing work and wit- nessed its construction during its prog- ress from November 8th to November 14th, 1941. Our control tests showed no serious deviations from the specifications and corrections were made promptly wher- ever possible. The workmanship was skilfully performed. We therefore re- gard this work as done within substan- tial compliance with the specifications therefor. Sincerely yours, PATZIG TESTING LABORATO- RIES, by Monroe L. Patzig. Councilman Wharton moved that the communication be received and made a matter of record. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. November 20, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—I hereby certify that the work of resurfacing West Third Street from the east property line of Burch Street to the west property line of Al- pine Street south under the contract bearing date of October 23, 1941, by and between the Thomas Flynn Coal Co. and the City of Dubuque has been completed according to the terms, con- ditions and stipulations of said contract, and in every way complies with the same and with the plans and specifica- tions for said improvement. I further certify that said improve- ment as constructed embraces the fol- lowing materials and work: 674.3 lineal feet of concrete curb 842.87 @ $1.25 -- 8508.1 square yards of sheet asphalt pavement including preparation and asphalt paint cont. @ $1.80--------$15,314.58 227.8 tons of binder @ $8.00- 1,822.40 Total due contractor ------$17,979.85 290 Regular Session, December 1st, 1941. That the additional cost and expenses incident to said improvement, and which should be included in the amount to be assessed are as follows: Printing & publishing notices.$ 100.00 Inspection --8508.1 sq. yds. 297.78 @ 3/c -- --- - --- 2 Interest for 54 days @ 6 161.8 Making total cost of said improvement -------------$18,539.45 I recommend the acceptance of the work by the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of Citseconded Manager by be approved. y Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 151-41. A resolution accepting the improvement for the re- surfacing of West Third Street from the East property line of Burch Street to the West property line of Alpine Street South and directing the Clerk to publish notice of the Council's inten- tion to levy special assessments as re- quired by law presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 142-41. Resolution and Application for Perma- nent Transfer of Funds. Interest in the amount of $3,487.50 be- came due and payable; and Whereas, In order to pay the obliga- tions due it is necessary to make trans- fers of $10,000.00 from the Emergency Fund to the Grading Fund and of $13,- 487.50 from the Emergency Fund to the Improvement Fund; and Whereas, Before any transfer can be made from the Emergency Fund to any other fund, an application must be made to the State Comptroller for au- thority to make the transfer and his approval secured thereon; Now, There- fore, Be It Resolved, By the City Council of the City of Dubuque, that subject to the approval of the State Comptroller, there be and there are hereby trans- ferred from the Emergency Fund the sum of $10,000.00 to the Grading Fund and the sum of $13,487.50 to the Im- provement Fund, and the State Comp- troller is hereby petitioned to authorize and approve such transfers; and Be It Further Resolved, That upon the approval of such transfers the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfers, and such notification shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted and approved by unanimous action of the City Council of the 21st day of No- vember, 1941, and all members thereof signed their names thereto. Whereas, An emergency tax levy was made by the City Council of the City of Dubuque for use in supple- menting the fund required for debt ser- vice during the fiscal year beginning April 1, 1941, and ending March 31, 1942, upon authority and approval of the State Comptroller; and Whereas, as of the 1st of November, 1941, there were cash balances in the Grading Fund of $4,707.43 and in the Improvement Fund of $10,703.74; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $23,- 580.62, which is available for transfer to the Grading and Improvement Funds above referred to for debt ser- vice; and Whereas, On November 1, 1941, Grading Bonds in the amount of $10,- 000.00 and Improvement Bonds in the amount of $30,000.00 matured and Grading Bond Interest in the amount of $1,800.00 plus Improvement Bond FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. The foregoing resolution and applica- tion having been filed with the State Comptroller, the transfer requested is approved this 24th day of November, 1941. C. FRED PORTER, State Comptroller. Councilman Murphy moved that the Approval of State Comptroller, C. Fred Porter, be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Regular Session, December 1st, 1941. Resolution No. 143-41. Resolution and Application for Perma- nent Transfer of Funds Whereas, On November 1, 1941, Im- provement Bonds in the amount of $20,000.00 matured and Improvement Bond Interest in the amount of $3,- 487.50 become due and payable; and Whereas, There is now in the hands of the City Treasurer and credited to the Improvement Fund the sum of $10,703.74 which is tobe supplemented by a transfer of $13,487.60 from the Emergency Fund; and Whereas, As of the 1st day of No- vember, 1941, there were balances of $67,735.45 in the Water Works General Fund and of $104,765.40 in the Water Works Sinking Fund; and Whereas, No Water Works Bonds or Interest are due and payable during the remainder of the current fiscal year and $32,000.00 in bonds and $3,565.00 in interest become due and payable during the succeeding year and, there- fore, the requirements of Section 6151.1 of the Code have been fully met; and Whereas, In order to pay the obliga- tions due, it is necessary to make a transfer of $20,000.00 from the Water Works General Fund to the Improve- ment Fund; and Whereas, Before any transfer can be made from the Water Works Gweral Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon, Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, that subject to the approval of the State Comptroller, there be and there is hereby trans- ferred from the Water Works General Fund to the Improvement Fund the sum of $20,000.00, and the State Comp- troller is hereby petitioned to authorize and approve such transfer; Be It Fur- ther Resolved, That upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfer and such no- tification shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed( adopted and approved by unanimous action of the City Council on the 21st day of No- vember, 1941, and all members thereof signed their names thereto. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. 291 The foregoing resolution and appli- cation having been filed with the State Comptroller, the transfer requested is approved this 24th day of November, 1941. C. FRED PORTER, State Comptroller. Councilman Murphy moved that the Approval of State Comptroller, C. Fred Porter, be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Mr. Herbert J. Hoffmann, Attorney, addressed the Council, asking Council to act favorably at this time upon the application of the Nine -Ninety Club for a Class "B" Beer Permit for Private Club. Mr. Hoffmann was advised that the Council would consider his request at their next meeting which will be held December 12th, 1941. Mr. Frank Keesecker addressed the Council, requesting Council to take ac- tion on his tax matter which has been pending for Council consideration. Mr. Keesecker was advised that Council would consider his request at their meeting of December 12th, 1941. Communication of Paul V. Betters, Executive Director, The United States Conference of Mayors, extending invi- tation to attend the Annual Conference of The United States Conference of Mayors to be held at Washington, D. C., on January 12-14, presented and read. Councilman Murphy moved that the communication be referred to the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Dubuque, Iowa, Nov. 26, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—It is our understanding that there is a petition before your hon- orable body for the use of the alley north of Charter Street between Main Street and the Illinois Central Railroad tracks. We protest any such arrange- ments. As owners of the property fac- ing Main Street, we have had some- thing in mind that will necessitate the 4 kssrT 292 Regular Session, December 1st, 1941. use of this alley to get into the rear of our property. Thanking you in advance for your kind consideration, we remain, Yours very truly, BART L. MOLO, HAROLD E. MOLO, Owners. Councilman Schueller moved that the communication be received and made a matter of record. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Dubuque, Iowa, Nov. 26, 1941. To the Honorable Mayor and City Council, City Hall, Dubuque, Iowa. Honorable Sirs—We protest very strongly the tying up of the alley be- tween Main Street and Salina Street going north, starting from Charter Street to Dodge Street. Very truly yours, MAIZEWOOD INSULATION CO., H. A. HAUPTLI, President. Councilman Thompson moved that the communication be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Marian Gibbs, requesting that an additional street light be in- stalled on Mount Loretta Avenue, pre- sented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Petition of Karl J. Page requesting a refund in the amount of $100.00 for the unexpired period of Class "B" Beer Permit No. 26 issued to the Page Hotel Company by Karl J. Page, presented and read. Councilman Thompson moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $100.00 in favor of Kari J. Page, to cover the amount of refund granted for the unex- pired period of Class "B" Beer Permit No. 26, issued to the Page Hotel Com- pany by Karl J. Page. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Harry E. Lewis request- ing that the strip of ground known as the North 20 feet of Lot 30 of J. P. Schroeder's Addition and given for the purpose of widening Globe Street, be allowed to revert back to the original Lot 30 in order that a sidewalk and curbing may be constructed and relieve the hazard to pedestrian or vehicular travel, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Greater Dubuque Asso- ciation, requesting the City Council to issue a proclamation designating Thurs- day, December 11th, 1941, as Bob Fel- ler day in Dubuque, presented and read. Councilman Murphy moved that the request be granted and the Mayor authorized to issue the proclamation as requested. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of the Illinois Central Rail- road Company requesting the City Counil to authorize, by ordinance, the Illinois Central Railroad Company to construct and maintain a track along Salina Street from its present track along Salina Street to Charter Street and across Charter Street to the premises occupied by Marmis and Solomon, presented and read. Mr. F. Marshall Thomas, Attorney, ad- dressed the Council, requesting that the Council take favorable action on the petition. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No. 33-41. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, designa- ted "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" certain defined ter- ritory now being delimited as "Two Family Residence District," said ordi- nance havng been passed upon first and second readings on November 21st, 1941, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, presented and read a third time. ORDINANCE NO. 33-41. An Ordinance amending and chang- ing the Zoning Map of the City of Du- buque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to change Regular Session, December 1st, 1941. to "Multiple Residence District" cer- tain defined territory now being delim- ited as "Two Family Residence Dis- trict." WHEREAS, it is deemed advisable by the City Council to amend the Zon- ing Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, desig- nated as "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" certain territory hereinafter described, now de- limited as "Two Family Residence District"; and WHEREAS, notices of such pro- posed change have been published as provided by law and an opportunity afforded to any and all interested par- ties and citizens to object thereto at a public meeting held at 7:30 P. M., No- vember 21st, 1941, in the Council Cham- ber in the City Hall; and, WHEREAS, no objections have been filed or made to the proposed change; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be and the same is hereby amended and changed as follows: By changing from a "Two Family Residence District" to "Multiple Resi- dence District" the area described as follows: The area bounded by the cen- ter line of 3rd Street on the south; cen- ter line of 6th Street on the north; the center line of Locust Street on the east; and the center line of Bluff Street on the west. Section 2. This ordinance shall be in force and ffect from and after its final passage, adoption, approval by the City Council and publication as by law provided. Passed upon first and second read- ings this 21st day of November, 1941. Passed, adopted and approved on final reading, this 1st day of December, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper and The Daily Tri- bune newspaper this 4th day of Decem- ber, 1941. SHE 12-4-1t. J J City Clerk. 293 Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Ordinance No. 34-41. An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated as "The Zoning Ordinance of the City of Du- buque" so as to change the lot area re- quired of two family dwelling in "Mul- tiple Residence District," "Local Busi- ness District," "Business District," and "Light Industrial District," and of row house in "Light Industrial District," said ordinance having been passed upon first and second readings on November 21st, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 34-41. An Ordinance amending and changing the Zoning Map of the City of Du- buque as provided by Ordinance No. 3-34 designated as "The Zoning Ordi- nance of the City of Dubuque" so as to change the lot area required of two family dwelling in "Multiple Residence District," "Local Business District," "Business District," and "Light Indus- trial District," and of row house in "Light Industrial District"; WHEREAS, it is deemed advisable by the City Council of the City of Du- buque to amend the Zoning Map of the City of Dubuque as provided by Ordi- nance No. 3-34 designated as "The Zoning Ordinance of the City of Du- buque" so as to change the lot area re- quired of two family dwelling in the "Multiple Residence District," "Local Business District," "Business District," and "Light Industrial District," and also to change the lot area required of row house in "Light Industrial Dis- trict'; WHEREAS, notices of such pro- posed changes have been published as provided by law and an opportunity af- forded to any and all parties and citi- zens interested to object thereto at a public meeting held at 7:30 November 21st, 1941, in the Council Chamber in the City Hall; and WHEREAS, no objections have been filed or made to the proposed change; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Ordi- nance of the City of Dubuque be and 294 Regular Session, December 1st, 1941. the same is hereby amended and changed as follows: By striking from subdivision (e) Sec- tion 3 Area Regulations, Article IV, "Multiple Residence District" lines 6 and 7 the following: "two thousand five hundred (2500)" and inserting in lieu thereof, `one thousand two hundred fifty (1250)." By striking from subdivision (e) Sec- tion 3 Area Regulations, Article V, "Local Business District" line 7 and 8 the following: "two thousand five hundred (2500)" and inserting in lieu thereof "one thousand two hundred fif- ty (1250)." By striking from subdivision (e) Sec- tion 3 Area Regulations, Article VI, "Business District" lines 7 and 8 the following: "two thousand five hundred (2500)" and inserting in lieu thereof "one thousand two hundred fifty (1250)." By striking from subdivision (e) Sec- tion 3 Area Regulations, Article VII, "Light Industrial District," lines 7 and 8 the following: "two thousand five hundred (2500)" and inserting in lieu thereof "one thousand two hundred fif- ty (1250)"; and by striking from lines 10 and 11, "two thousand two hundred and fifty (2250)" and inserting in lieu thereof "one thousand two hundred fif- ty (1250)", Section 2. This ordinance shall be in force and effect from and after its final passage, adoption, approval by the City Council and publication as by law pro- vided. Passed upon first and second read- ings this 21st day of November, 1941. Passed, adopted and approved on final reading, this 1st day of December, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper and The Daily Tri- bune newspaper this 4th day of De- cember, 1941. J. J. SHEA, 12-4-1 t. City Clerk. Councilman Schueller moved the adoption of the ordinance. Seconded by Councilman Thompson. , Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. November 24, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen — With reference to the claim filed by William Hammerand for $31.28 for recovery of Special Assess- ment for sewer and water connections paid in June, 1925, there is no authority in the law for the return of this money paid for taxes, and I 'would, therefore, recommend that the Application be de. - hied, Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. November 29, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—The Planning and Zon- ing Commission wishes to recommend to your Honorable Body the extension of the Light Industrial District at Lo- cust and Dodge Streets westward across the alley to the center line of Bluff Street for a distance of 182 feet northward on Bluff Street from the center line of Dodge Street to the south property line of Lot 586. Respectfully submitted, RICHARD V. McKAY, Sec'y., Dubuque Planning & Zoning Comm. Councilman Wharton moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor be instructed to pre- pare the proper proceedings. Second- ed by Councilman 'Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. November 29, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—With reference to at- tached petition of Mrs. Effie Munger, et al, requesting rezoning of block bounded by Muscatine, Primrose, Bur- lington and Sabula Streets to Two Fam- ily Residence classification, the Plan- ning and Zoning Commission recom- mends the granting of the petition. Respectfully submitted, RICHARD V. McKAY, Sec'y. Dubuque Planning & Zoning Comm. Councilman Wharton moved that the recommendation of the Planning and Zoning Commission be approved and Regular Session, December 1st, 1941. the City Solicitor be instructed to pre- pare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution Adopted by the Board of Dock Commissioners at a Meeting Held 11-8-41. t 295 Councilman Thompson moved that the resolution be received and made a matter of record and that the prayer of the petition be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Whereas, The City Administration, through the City Council and the Plan- ning and Zoning Commission, has here- tofore caused to be prepared and has adopted a comprehensive Master City Plan and co -related ordinances, which plan contemplates general and specific improvements of the river front, includ- ing the area commonly known as Ham's Island. Whereas, This particular area is practically all subject to overflow dur- ing high stages of the river, thus auto- matically bringing such property under the jurisdiction of the Dock Board, ap- pointed by the Council and acting un- der the provisions of Chapter 303 of the Code of Iowa. Whereas, The Dock Commission has realized for a long time that in order to carry out the Master City Plan, which involves the construction of a barge canal between the mainland and Ham's Island, as well as the construc- tion of wharves, railroad sidings, roads and other improvements and facilities, it is necessary that the municipality be the fee owner of all lands in the path of and adjacent to any proposed canal. Whereas, One of the properties most vital in carrying out the contemplated improvements, as provided for in the Master Plan, is the property known as the Papin Farm on Ham's Island, com- prising Mineral Lots No. 301, No. 301A and No. 302 in the City of Dubuque, Iowa. Whereas, The Administrator or Trus- tee of the Papin Estate has been au- thorized by a Court Decree to sell this property to the City of Dubuque for the sum of Five -thousand ($5,000.00) Cash, and it is the unanimous opinion of the members of the Dock Commis- sion that the City should avail itself of the opportunity to acquire this property at this very reasonable figure; There- fore, Be It Resolved, By the Board of Dock Commissioners that we petition your honorable body to make the necessary funds available and proceed forthwith to complete the details of purchase and secure proper deed from the duly au- thorized party or parties without delay. BOARD OF DOCK COerf Pres. MIS- SIONERS, by J. A Thos. M. Stampfer, Sec'y., Mark W. Gavin, Commissioner. Resolution No. 152-41. Whereas, Applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applica- tions be and the same are hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicants shall be forthwith inspected. Class "B" Permit. Name Address John Luber and Anna Luber, 2417 Rhomberg Avenue. The Page Hotel, 73-75 East Fourth St. Jay McCabe and Clara McCabe (trans- fer of address from 28 East 24th Street), 1643 Central Avenue. Mrs. Helen Staner and Mrs. Abbie Clancy, 435 Central Avenue. Passed, adopted and approved this 1st day of December, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 153-41. Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, The premises to be occu- pied by such applicants have been in- spected and found to comply with the ordinances bf this City and theerefore, have filed a proper bond; Now, Th Be It Resolved, By the Council of the City of Dubuque e is hereby tManager to the h 296 Regular Session, December 1st, 1941. following named applicants a Beer Permit. Class "B" Permit. Name Address John Luber and Anna Luber, 2417 Rhomberg Avenue. The Page Hotel, 73-75 East Fourth St. Jay McCabe and Clara McCabe (trans- fer of address from 28 East 24th Street), 1643 Central Avenue. Mrs. Helen Staner and Mrs. Abbie Clancy, 435 Central Avenue. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of December, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nay—None. J. J. SHEA, City Clerk. Approved ' t AD—AL---1942. Adopted _pl.Q..Ti(ez_1942. Councilm • __________ --- Attest: ---- - --� -- City Clerk. Special Session, December 2nd, 1941. City Council (Official) Special Session, December 2nd, 1941. Council met at 5:45 P. M. Present — Mayor Van Duelman, Councilmen Murphy, Thompson,Whar- ton, City Manager Rhomberg. Absent —Councilman Schueller. Meeting called by order of Council- men Murphy and Thompson. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for adoption a resolution approving of sale of City Lots 549, 549-A and 550 by Dubuque County to Swift and Com- pany and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved that City Manager A. A. Rhomberg be appointed Clerk of the meeting. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays—None. Absent —Councilman Schueller. Resolution No. 154-41. Whereas, City Lots 549, 549-A, and 550 in the City of Dubuque, Dubuque County, Iowa, were sold on January 4, 1937, to Dubuque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes against the real estate for the years 1933, 1934 and 1935, and Whereas, The said Dubuque County, Iowa, desires to sell the above de- scribed real estate to Swift and Com- pany for $3,000.00, and Whereas, The sale of said property by Dubuque County, Iowa, to Swift and Company for a sum less than the total amount stated in the Tax Certi- ficate including all endorsements of subsequent general taxes, interests and costs requires the written approval of a majority of all the tax levying and tax certifying bodies having any interest in said general taxes; Now, Therefore Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale o. said property to Swift and Compan} for the sum of $3,000.00 in cash, be an( the same is hereby authorized and ap proved. 297 Passed, adopted and approved this 2nd day of December, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays—None. Absent —Councilman Schueller. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Van Duelman., Councilmen Murphy, Thompson, Wharton. Nays —None. Absent—Councilman Schuel- ler. J. J. SHEA, City Clerk. Approved uAtL-1942. Adopted Councilme Attest: ---- - I City Clerk. 1 298 Special Session, December 12th, 1941. City Council (Official.) Special Session, December 12th, 1941. Council met at 8:05 P. M. Present — Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton, City Manager Rhom- berg. Meeting called by order of Council- men Thompson and Wharton. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance and acting on any other business as may properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance by changing Mobley's Du- buque Addition, Collins' Sub., Bell's Sub. and Keogh's Sub. from "Two Family Residence District" to "Multi- ple Residence District" classification, presented and read. No written objec- tions filed and no objectors present in the Council Chamber. Councilman Thompson moved that the proofs of publication be received and filed. Sec- onded by Councilman Murphy. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays —None. Ordinance No. 35-41. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, desig- nated "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" certain defined ter- ritory now being delimited as "Two Family Residence District"', presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. The ordi- nance was then read a second time. Councilman Thompson moved that the reading just had be considered the sec- ond reading of the ordinance. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schugiler, Thompson, Wharton. Nays—None. Councliman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Claim of James F. Lee in the amount of $54.86 to expense of repairs to Buick car damaged in collision at intersection of Ninth and Locust Streets on Octo- ber 28th, 1941, presented and read. Councilman Murphy moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Harold E. Molo, et al, requesting the City Council to adopt an ordinance regulating the establish- ment, conduct and location of Junk Yards within the corporate limits of the City of Dubuque, Iowa, presented and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Petition of the Illinois Central Rail- road Company requesting authority to construct and maintain a side-track from Salina Street across Charter Street and into the premises occupied by Marmis and Solomon, said side-track to be constructed to enter said premises from either the south or north as the Council may prefer, presented and read. Councilman Murphy moved that the petition be referred to the Council to await the report from the Planning and Zoning Commission relative to the regulating of Junk Yards. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of October, 1941, presented and read. Councilman Thompson moved that the proofs of publication be received and filed. Seconded by Councilman Mur- Special Session, December 12th, 1941. phy. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. December 10, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, also a list of claims and payrolls for which warrants were drawn during the month of November, 1941. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. December 12, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—This is to advise that I have approved the following policies and desire to have your approval on same for filing: Excavation. Frank G. Braconier, 1091 University Avenue, Policy No. YM 1510, Lon- don Guarantee & Accident Co. Archie LeVan, 2239 Central Avenue, Policy No. M&C 21974, The Western Casualty & Surety Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the bonds be approved and placed on file. Seconded by Councilman Schuel- ler. Carried by the -following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 155-41. Whereas, The Planning and Zoning Commission of the City of Dubuque, upon petition filed, has recommended to the City Council the rezoning of the area bounded by Muscatine, Primrose, Burlington and Sabula Streets from a "Single Family District" to a "Two Family District"; Whereas, The City Council deems it advisable to amend the Zoning Ordi- com- nance cwith therecommendations of t C of to made 299 by the Planning and Zoning Commis- sion; Whereas, Before the Zoning Map and the Zoning Ordinance of the City of Dubuque may be amended and changed it is necessary that a public hearing be held; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque: That there should be a public hearing on the question of changing the area bounded by Muscatine, Primrose, Bur- lington and Sabula Streets from a "Sin- gle Family" to a "Two Family" classi- fication, and that the City Clerk be and he is hereby directed to cause to be published in the Official Newspapers of the City of Dubuque notice of such hearing to be held by this Council up- on the proposed change and amend- ment, that the time and place be and the same is hereby fixed for said hear- ing at 7:30 P. M., on the 5th day of January, 1942, in the City Council Chamber in the City Hall, Dubuque, Iowa. Said notices to be so published so as to leave at least fifteen days be- tween the day of the publication and the time fixed for said hearing, and that at said hearing any and all inter- ested parties and citizens shall have an opportunity to be heard. Passed, adopted and appproved this 12th day of December, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 156-41. Whereas, The Planning and Zoning Commission of the City of Dubuque, recommended to the City Council the rezoning of the area bounded on the southerly side by the center line of Dodge Street, on the northerly side by the south property line of City Lot No. 586, on t5e easterly side by the center line of the alley first east of Bluff Street and on the westerly side by the center line of Bluff Street from "Mul- tiple Residence District" and "Local Business District" to "Light Industrial District." 300 Special Session, December 12th, 1941. Whereas, The City Council deems it advisable to amend the Zoning Ordi- nance of the City of Dubuque to com- ply with the recommendations made by the Planning and Zoning Commission. Whereas, Before the Zoning Map and the Zoning Ordinance of the City of Dubuque may be amended and changed, it is necessary that a public hearing be held; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque: That there should be a public hearing; on the question of changing the area bounded on the southerly side by the center line of Dodge Street, on the nor- therly side by the south properly line of City Lot No. 586, on the easterly side by the center line of the alley first east of Bluff Street and on the westerly side by the center line of Bluff Street, from "Multiple Residence District" and "Local Business District" classification to "Light Industrial District" classifica- tion, and that the City Clerk be and he is hereby directed to cause to be pub- lished in the Official Newspapers of the City of Dubuque notices of such hearing to be held by this Council upon the proposed change and amendment, that the time and place be and the same is hereby fixed for said hearing at 7:30 P. M. on the fifth day of January4 1942, in the City Council Chamber in the City Hall, Dubuque, Iowa. Said no- tices to be so published, so as to leave at least fifteen days between the day of the publication and the time fixed for said hearing, and that at said hearing any and all interested parties and citi- zens shall have an opportunity to be heard. Passed, adopted and approved this 12th day of December, 1941. FRANK VAN DUELMAN, Mayr. F. W. THOMPSON. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 157-41. Whereas, the N. / of Lot 1, and all of Lot 2 L. H. Langworthy's Addition in the City of Dubuque, Dubuque County, Iowa, were sold on January 4, 1937, and Lot 3 of L. H. Langworthy's Addition, in the city of Dubuque, Du- buque County, Iowa, was sold on Feb- ruary 3, 1936, to Dubuque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1935, both inclusive, and Whereas, The said Dubuque County, Iowa, desires to sell the above de- scribed real estate to Catherine Kee- secker for $5,005.00, and Whereas, the sale of said property by Dubuque County, Iowa, to Catherine Keesecker for a sum less than the total amount stated in the Tax Certifi- catee, including all endorsements of sub- sequent general taxes, interests and costs requires the written approval of a majority of all the tax levying and tax certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to Catherine Keeseck- er for the sum of $5,005.00 in cash, be and the same is hereby authorized and approved. Passed, adopted and approved this 12th day of December, 1941. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: .Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 158-41. Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applica- tion be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit for Private Club. Name Address Nine -Ninety Club, 880 Locust Street. Special Session, December 12th, 1941. 301 Passed, adopted and approved this 12th day of December, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Thomp- son. Nays — Councilman Schueller. Councilman Wharton not voting. Mayor Van Duelman requested that the record show that this is the last Club Permit for which he will vote in favor of granting. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Attorney H. J. Hoffmann and Attorney John A. Cunningham addressed the Council, thanking Council for their fa- vorable action in approving the appli- cation of the Nine-Ninetv Club for a Class "B" Beer Permit for Private Club. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved 6;61L-1942. Adopted 1942. L4 1 4 GGu i - Councilmen - --- ------------ Attest: - City Clerk. 302 , Special Session, December 26th, 1941. City Council (Official) Special Session, December 26th, 1941. Council met at 8:00 P. M. Present — Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton, City Manager Rhom- berg. Meeting called by order of Council- men Schueller and Murphy. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon the notice of levy of special assessments and intention of the City Council to issue bonds for the construction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eight (280) feet nor- therly, also upon the notice of levy of special assessments and intention of the City Council to issue bonds for the re- surfacing of West Third Street from the East property line of Burch Street to the West property line of Alpine Street South and acting on any other business as may properly come before a regular meeting of the City Council. Proofs of publication„ certified to by the publishers, of notice of levy of spe- cial assessments and intention of the City Council to issue bonds for the con- struction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet norther- ly, presented and read. Councilman Thompson moved that the proofs of publication be received and filed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS Resolution No. 159-41. Resolved, By the City Council of the City of Dubuque: That to pay for the construction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present man- hole in Rush Street to two hundred and eighty (280) feet northerly by James F. Lee, contractor, in front and ad- joining the same, a special tax be and is hereby levied on the several lots, and Parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set oppo- site each lot or parcel of real estate, as follows: Special assessment submitted De- cember 26th, 1941. Frank Riniker, Lot 4, Sub. of lots 131 and 132, Union Add. and Part of Vacated Alley --- $ 99.24 Rose and Isabelle Vogel, Lot 88, Union Add. ----------------- 158.80 Susan Hansen, Lot 2, of Sub. of Lot 133, Union Add. -------- 87.34 Raymond J. and Edith L. Jena - man, Lot 87, Union Add., S. 57' 90.51 Total --------$435.89 280 Lin. Ft. 6" Vitrified Tile Sewer Pipe @ $1.35 --------- $378.00 4 Y Branches @ $1.00 -------- 4.00 1 Brick Manhole @ $50.00---- 50.00 Interest @ 6% for 54 days----- 3.89 Total -------- $435.89 All of which is assessed in proportion to the special benefits conferred. Passed, adopted and approved this 26th day of December, 1941. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of notice of the inten- tion of the City Council to issue public improvement bonds in the amount of $435.89 for the construction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet northerly, presented and read. Councilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 160-41. Whereas, The contract heretofore en- tered into by the City of Dubuque for the construction of a six (6) inch vitri- fied tile sanitary sewer in Plum Street, Special Session, December 26th, 1941. 303 hereinafter described, has been com- pleted and said improvement has been accepted by the City Council of said City and the City Engineer has com- puted the cost and expense thereof to be $435.89, and Whereas, Public notice as provided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hear- ing has been held pursuant thereto, and all objections filed thereto have been considered and determined; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque that to provide for the cost of the construction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the manhole in Rush Street two hundred eight feet northerly, there be issued' Sewer Bonds to the amount of $435.89. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1939; shall bear the date of the 26th day of January, 1942, shall be in denominations of $100.00, except that there shall be one bond to the amount of $35.89. They shall be numbered from 3757 to 3761 inclusive and shall be divided into five series, of which the bond numbered 3757 shall constitute the first series and shall be payable the first day of April A. D. 1947, the bond numbered 375§ shall constitute the second series and shall be payable the first day of April, A. D. 1948, the bond numbered 3759 shall constitute the third series and shall be payable the first day of April, A. D. 1949, the bond numbered 3760 shall constitute the fourth series and shall be payable the first day of April, A. D. 1950, the bond numbered 3761 shall constitute the fifth series and shall be payable the first day of April, A. D. 1951. Said bonds shall bear interest at the rate of six per cent per annum, which interest shall be payable semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treas- urer in the City of Dubuque. Said bonds shall be substantially in the fol- lowing form: No------------- Series No ------------- CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, on the first day of April, A. D. 19 ---- ; or any time before that date at the option of the City, the sum of One Hundred Dollars ($100.00) with interest thereon at the rate of five per cent. per annum, payable on the presentation and sur- render of the interest coupons hereto attached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 311 of the Code of Iowa, 1939, and in accordance with a resolution of the City Council of said City, duly passed on the ---- day of December, 1941. This bond is one of a series of 5 bonds, 4 for $100.00 numbered from 3757 to 3760 inclusive, and one for $35.89, numbered 3761, all of like tenor and date, and issued for the purpose of the construction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the manhole in Rush Street two hundred eighty feet northerly, and described in said reso- lution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of six per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used ,for no other purpose. And it is hereby certi- fied and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby ir- revocably pledged. In Witness Whereof, the City of Du- buque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this __-- day of December, 1941, and has authorized the use of their facsmilie signature to the interest coupons hereto attached. ------------------------------ Mayor. ------------------------------ City Clern. Countersigned (Seal) (FORMOF COUPON.) On the ------day of---------------- A. D. 19__, the City of Dubuque, Iowa, promises to pay to the bearer, as pro- vided in the bond, the sum of --------- ----------- Dollars, at the office of the 304 Special Session, December 26th, 1941. City Treasurer in the City of Dubuque, being --------months interest due that day on its Sewer Bond No.----------, dated -------------------- 19--. ------------------------------ Mayor. ------------------------------ City Clerk. Countersigned: Be It Further Resolved, That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose; Be It Further Resolved, That the City Treasurer be and he is hereby instructed to sell said bonds in the manner prescribed by law, the proceeds of said sale to be kept in a special fund to be known as the Sewer Fund; Be It Further Resolved, That the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac-simile signature of the City Clerk; Be It Fur- ther Resolved, That as fast as funds al- low, beginning with the second year after the payment of interest flue, these bonds shall be called and retired in the same order as numbered. Adopted this 26th day of December, 1941. Approved: FRANK VAN DUELMAN, F. W. THOMPSON, Mayor ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Statement of Donald Bandy, sub- scribed and sworn to, that he posted along the line of improvement the no- tice of levy of special assessments and intention of the City Council to issue bonds for the construction of a six (6) inch vitrified tile sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet northerly, presented and read. Councilman Wharton moved that the statement be received and placed on file. Seconded by Council- man Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Proofs of publication, certified to by the publishers, of notice of levy of spe- cial assessments and intention of the City Council to issue bonds for the re- surfacing of West Third Street from the East property line of Burch Street to the West property line of Alpine Street South presented and read. Coun- cilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas -- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. Dubuque, Iowa, Dec. 1st, 1941. Honorable Mayor and City Commissioners: Gentlemen — Conforming with the provisions of the Local Budget Law pertaining to Public Contracts and Bonds, Par. 358, as amended, the un- dersigned interested persons hereby request an investigation by the State Appeal Board, of the Third Street Pav- ing Contract, from Burch Street to Al- pine Street, in all of its Provisions. Respectfully, Dec. 5, 1941—Thomas J. Mulgrew, 431 Alpin Street, Dubuque, Iowa. Dec. 15, 1941—Sydney Haudenshield, 2170 Central Ave.. Dubuque, Iowa. Dec. 16, 1941, Catherine M. Sandry, 1250 Langworthy Ave. Dec. 20, 1941—Martin F. Farnan, 330 Winona St. Dec. 20, 1941—Mrs. R. R. Harris, 320 Hill Street. Dec. 22, 1941—Nick Grommersch, 340 Sabula Street. Dec. 24, 1941—Matilda Huber, 151 West 23rd Street. Dec. 24, 1941—Catherine McFadden, 371 Winona Street. Councilman Wharton moved that the petition be received and filed. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mavor Van Duelman, Councilmen Murphy, Scbueller, Thompson, Wharton. Nays —None. City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS Resolution No. 161-41. Resolved, By the City Council of the City of Dubuque: That to pay for the resurfacing of West Third Street from the east property line of Burch Street Special Session, December 26th, 1941. 305 to the west property line of Alpine Gale Parry, Lot 7 of Sub. of 8 Street south by Thos. Flynn Coal of M. L. 73 Und. Y3 -------- 28.08 Company, contractor, in front of and H. M. Young, Lot 7 of Sub. adjoining the same, a special tax be and of 8 of M. L. 73 Und. % ___ 14.01 is hereby levied on the several lots, and Fred Bell, Lot 2 of 1 of 2 of parts of lots, and parcels of real estate hereinafter named, situate and owned, 9 of Sub of M. L. 73______ 499.50 and for the several amounts set oppo- Fred Bell, Lot 1 of 1 of 2 of 9 site each lot or parcel of real estate, as of Sub. of M. L. 73 -------- 499.50 follows: Fred Bell, Lot 1 Massey Heights 16.01 Special assessment submitted De- S. A. Bissell Est., Lot 1 9 __ of Sub. of M. L. 73 -------- 1,417.13 camber 26th, 1941. Aleen L. Massey Est., Lot 1 Owner Location Assessment Langworthy Place -------- 99.19 Fred W. Woodward, Lot 1 of Anna B. Lawther, Lot 1 of 1 of Sub. of Lots 1, 2 and 3 Julia the Sub. of 2 of M. L. 72 & Langworthy Add. ________$ 266.12 1 of 10 of M. L. 73 and 2 of Fred W. Woodward, Lot 2 of M. L. 74__________________ 383.25 Sub. of Lots 1, 2 and 3 Julia Anna B. Lawther, Lot 2 of 1 Langworthy Add. -------- 265.08 of the Sub. of 2 of M. L. 72 Fsed W. Woodward, Lot 3 of & 1 of 10 of M. L. 73 & 2 Sub. of Lots 1, 2 and 2 Julia of M. L. 74_______________ 269.08 Langworthy Add. _ ___ 264.07 Voelker Realty Co., Lot A of Emma Klein, Lot 4 N. 75' of 2 of 2 of 2 of M. L. 72 & 1 Sub. of Lots 1, 2 and 3 Julia of 10 of M. L. 73 & 2 of M. Langworthy Add. ________ 71.79 74 37.74 Helen C. Altman, Lot 5 W. pet. McCarthy, Lot 1 of 122' Mrs. L. H. Langwor- M. L. 74_________________ 255.12 thy's Sub. __________ ____ 685.88 Peter H. McCarthy, Lot 1 of James C. Collier, Lot 5 E. 40' M. L. 72------------------ 291.72 Mrs. L. H. Langworthy's St. Joseph's Mercy Hospital, Sub. 227.17 Lot 3 of M. L. 72_________ 25.50 _ James C. Collier, Lot 6 W. 83' E. Langworthy Est., S. / of Mrs. L. H. Longworthy's 471.38 1 of 1 of 1 of 4 Pauline Langworthy's Sub. _______ 781.59 Sub. __ _ James C. Collier, Lot 6 E. 80' Maude Hartman, S. I/ of 2 of Mrs. L. H. Langworthy's 1 of 4 Pauline Langworthy's 108.21 Sub. John V. Conzett, Lot 7 W. 83' 455.35 Sub. _____________________ Maude Hartman, W. 40' of S. Mrs. L. H. Langworthy's 472.94 / of 2 of 4 Pauline Lang - horthy s Sul). ------------ 216.46 Sub. --------------------- Francis and Elizabeth Mc- Rose Hoefflin, et al, E. 25' of Gloughlin, Lot 7 E. 80' Mrs. 456.84 S. % of 2 of 4 Pauline Lang - worthy's Sub. 135.47 L. H. I,angorthy's Sub. ___ Andrew Fluetsche, Lot 1 of ____________ Rose Hoefflin, et al, W. 50' of N. 160' of 8 Mrs. L. H. 288.19 W. / of S. / of 3 Pauline Langworthy's Sub. ------- 270.95 Langworthy's Sub. _ Howard R. and Claire Wag- D. W. Hartman, E. 5' of W. ner, et al, Lot 1 of 2 of N. I/ of S. / of 3 Pauline Langworthy's Sub --------- 27.07 160' of 8 Mrs. L. H. Lang- worthy's Sub. _ 314.41 D.W. Hartman, E. / of S. Chas. H. Wunderlich, Lot 2 of of 3 Pauline Langworthy's 298.16 2 of No. 160' of 8 Mrs. L. H.Sub. 327.19 _______________ _____ Home Owners' Loan Corp., Langworthy's Sub. ---- J. Anthony Rhomberg, Lot 8 W. of S. / of 2 Pauline S. 60' Mrs. L. H. Langwor- S S. 60dith 46.28 Langworthy's worthy's Sub. _ __ Langworthy, E. EV. of 325.28 Sub. ________ Bessie S. Palen, Lot 1 of Sub. of 2 Pauline Langwor- 325.42 of 8 of M. L. 73 ---------- 238.33 thy'- Sub. ________________ t Belle & Sarah Cousin, S. 150' Bessie S. Palen, Lot 2 of Sub. 238.33 Pauline Langworthy'- of 8 of M. L. 73 ---------- Sub 651.22 Bessie S. Palen, Lot 3 of Sub.--------------------- 238.33 Gunderson, Lot 6 Mabel son, of 8 of M. L. 73__________ Gale Parry, Lot 4 of Sub. of 8 107. y'A. McCoy's Sub. ____________ Mabel A. Gunderson, Lot 5 256.20 of M. L. 73_____ _25 C. M. Roedell, Lot 5 of Sub. W. 11' McCoy's Sub ------- Thomas J. Mulgrew, Lot E. 56.35 of 8 of M. L. 73 ---------- Carl A. Beck, 50.04 39' McCoy's Sub. ________ - 199.83 Severin A. and Lot 7 of Sub. of 8 of M. L. Thomas J. Mulgrew, Lot 4 W. 15' McCoy's Sub. 76.85 73 Und. /--------------- C. M. Roedell, Lot 7 of Sub. 14.02 _________ Wilhelmina Schmid Est., Lot 3 E. 35' McCoy's Sub ------ 179.33 of 8 of M. L. Und. /______ 28.08 306 Special Session, December 26th, 1941. Oscar R. Jaeger, Lot 2 Mc- Mary L. Burch, Lot 1 of 2 Coy's Sub. ------------ 215.20 Burch's 2nd Sub. ________ 970.05 Alice & Louise Est. Goodman, James M. Burch, Jr., Lot 1 of Lot 1 McCoy's Sub. ______ 346.14 1 Burch's 2nd Sub. _______ 963.71 Adel H. Coleman, Lot 17, Mary L. Burch, Lot 2 of 1 Burch's 2nd Sub. 243.23 Deming and Horr's Sub. __ 33.36 ________ C. W Powers, Lot 1 of 2 an Adel H. Coleman, Lot 16, Burch's Sub. _____________ 5.39 Deming and Horrman, Sub. __ 19.29 C. W. Powers, Lot 1 Cath. McFadden, Lot 15 Sub ------Burch's 0.13 Deming and Horr's Sub. __ 13.54 Intersection Alpine Street Mart F. Farnan, Lot 18 Dem- Thomas J. Mulgrew, Lot 28 ing and Horr's Sub. ______ 33.36 T. S. Nairns Dubuque_____ 4.12 Michael Crane, Lot 19 Dem- John T. Adams, Lot 29, T. S. ing and Horr's Sub. ______ 19.29 Nairns Dubuque ---------- 9.45 Michael Crane, Lot 20, S. 3' Winifred R. Adams, Lot 30, Deming and Horr's Sub. __ 1.00 T. S. Nairns Dubuque____- 20.20 Catherine M. Fleckenstein, Winifred R. Adams, Lot 31, Lot 20, N. 47 Deming and T. S. Nairns Dubuque_____ 52.02 Horr's Sub. ____________ 12.54 Winifred R. Adams, Lot 32 Wm. J. O'Rourke, Lot 25 T. S. Nairns Dubuque_____ 210.05 Deming and Horr's Sub. -_ 31.64 Elizabeth Beach, Not 17 Julia Alva C. and Mabel Johnson, L. Langworthy's Add. ____ 202.65 Lot 26 Deming andHorr s Elizabeth Beach, Lot 18 N. Sub .- _ 11.92 Julia John W. & Mae E. Est. Sims. 7 Add. _________ __ Add- - ------ ----- --ot 59.65 Lot 2 of 4 of M. L. 73 ------ 1.38 18, S. J• A. Meshinger, Lot 18, S. 6' Susan M. Clark, Lot 1 of 3 Julia Langworthy's Add. 3.07 Buettell & Langworthy's e roger, 19 J. A. Meshinger, Lot 19 Julia Add _______________ __ 464.08 L. Langworthy's Add. ____ 13.75 Ethel L. Harris, Lot 2 of 3 / Intersection Burch Street Buettell & Langworthy's Anna R. Kadesky, Lot 7 For - Add. _____________________ 105.63 tune's Sub. --------------- 21.16 Nellie Redden, Lot 4 S. 49' Robert Duphy, et al, Lot 6 W. Buettell & Langworthy's /2I Fortune's Sub. ________ 14.11 Add. _____________________ 69.27 Henrietta Barmeier, Lot 6 E. Columbia College, Lot 4 N. 1' at Fortune's Sub. ________ 14.11 Buettell & Langworthy's C. Huber, Lot 5 _-________ --_Mathilda Add. _ .91 Fortune's Sub. 28.23 Columbia College, Lot 5 S. 34' ------------ Nick & Mary Grommersch, Buettell & Langworthy's Lot 4 Fortune's Sub. -___-_ 16.37 Add. _____________________ 24.88 City of Dubuque Not 732 City Frances N. & Sarah Vogt, Lot Lot ______________________ 138.64 5 N. 16' Buettell & Lang- Peter H. McCarthy, Lot 1 of worthy's Add. ------------ 7.91 M. L. 74__________________ 6.86 Frances N. & Sarah Vogt, Lot Peter H. McCarthy, Lot 1 of 6 S. 18' Buettell & Lang- M. L. 72________ ______ 3.67 worthy's Add. ------------ 6.88 St. Joseph's Mercy Hospital, Donald & Stella Whelan, Lot Lot 3 of M. L. 72__________ .20 6 N. 32 Buettell & Lang - worthy's Add. ------------ 11.63 Total -------- $18,539.45 A. J. Hartig, Lot 1 of 1 of 1 of 2 of 2 of 3 of M. L. 76___ 15.25 674.3 Lin. Ft. Concrete Curb A. J. , Lot 3 of 2 of 2 @ $1.25 ------------------ $ 8,508.1 Sq.Yds. Sheet Asphalt 842.87 of M.L. 76___________ of 3 of M. Catherine M. Sandry, Lot 2 14.69 Pavement @ $1.80, includ- Buettell & Langworthy's ing preparation and asphalt Add. 246.49 paint cost ________________ 15,314.58 _____________________ Catherine M. Sandry, Lot 1 227.8 Tons Binder @ $8.00 --- 1,822.40 W. % Buttell & Langwor- Extra Expense P @ .02212365 _ 397.78 y's Add. 119.17 Interest, 6% for 54 days_____ 161.82 Catherine M. Sandry, Lot 7 Buettell & Langworthy's Total________$18,539.45 Add. __________------____ 40.90 All of which is assessed in proportion Catherine M. Sandry, Vacated to the special benefits confe red• P alley in Buettell & Lang- Passed, adopted and approved this worthy's Add. ____ ______ 29.64 26th day of December, 1941. Alfred & Louise Peaslee, Lot 2 of 2 of M. L. 73 --------- 75.26 F. W. THOMPSON, OMPSONWHARTON, Alfred & Louise Peaslee, Lot ALBERT ALBERT 2 of 1 of 2 of 2 Burchs' Sub. 172.65 MURPHY, Louise Burch Peaslee, Lot 2 Councilmen. of 2 Burch's 2nd Sub. ----- 103.24 .Attest: J. J. Shea, City Clerk. Special Session, December 26th, 1941. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Councilmen Murphy, Thompson, Wharton. Nays —Mayor Van Duelman, Councilman Schueller. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue public im- provement bonds in the amount of $18,539.45 for the resurfacing of West Third Street from the East property line of West Third Street to the West property line of Alpine Street South presented and read. Councilman Mur- phy moved that the proofs of publica- tion be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 162-41 Whereas, The contract heretofore en- tered into by the City of Dubuque for the improvement of West Third Street, hereinafter described, has been com- pleted and said improvement has been accepted by the City Council of said City and the City Engineer has com- puted the cost and expense thereof to be $18,539.45; and Whereas, Public notice as provided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hear- ing has been held pursuant thereto, and all objections filed thereto have been considered and determined; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, that to provide for the cost of resurfacing West Third Street from the east property line of Burch Street to the west property line of Alpine Street South there be issued Improvement Bonds to the amount of $18,539.45. Said bonds shall be issued under the provisions of Chapter 311 of the Cod( of Iowa, 1939, which shall bear the dat( of the 26th day of January, A. D. 1942 shall be in denominations of $500.0( except that there shall be one bond tc the amount of $39.45. They shall b( numbered from 3762 to 3799 inclusive and shall be divided into ten series o: which the bonds numbered 3762-3763• 3764-3765 shall constitute the first se ries and shall be payable the first da} of April A. D. 1943; the bonds number ed 3766-3767-3768-3769 shall constitute the second series and shall be payabl( the first day of April A. D. 1944; thi bonds numbered 3770-3771-3772-377: shall constitute the third series an( 307 shall be payable the first day of April, A. D. 1945; the bonds numbered 3774- 3775-3776-3777 shall constitute the fourth series and shall be payable the first day of April A. D. 1946; the bonds numbered 3778-3779-3780-3781 shall constitute the fifth series and shall be payable the first day of April, A. D. 1947; the bonds numbered 3782-3783- 3784-3785 shall constitute the sixth se- ries and shall be payable the first day of April, A. D. 1948; the bonds num- bered 3786-3787-3788-3789 shall consti- tute the seventh series and shall be payable the first day of April, A. D. 1949; the bonds numbered 3790-3791- 3792 shall constitute the eighth series and shall be payable the first day of April, A. D. 1950; the bonds numbered 3793-3794-3795 shall constitute the ninth series and shall be payable the first day of April, A. D. 1951; the bonds numbered 3796-3797-3798-3799 shall constitute the tenth series and shall be payable the first day of April, A. D. 1952. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be payable semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treas- urer in the City of Dubuque. Said bonds shall be substantially in the fol- lowing form: No------------- Series No ------------- City of Dubuque Improvement Bond The City of Dubuque in the State of Iowa, promises to pay as hereinafter mentioned to the bearer hereof, on the ------day of---------------- 19 --- or any time before that date at the op- tion of the City, the sum of $500.00 with interest thereon at the rate of five per cent. per annum, payable on the presentation and surrender of the in- terest coupons hereto attached, both in- terest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant ter 311 of the Code of virtue C Iowa, 1939, of in accordance with a resolution of the City Council of said City, duly passed on the ------day of--------- 19 --- This bond is one of a series of 38 bonds, 37 for $500.00, numbered from 3762 to 3798 inclusive, and one for $39.45 num- bered 3799, all of like tenor and date, and issued for the purpose of the im- 308 Special Session, December 26th, 1941. provement of West Third Street from the east property line of Burch Street to the west property line of Alpine Street south and described in said reso- lution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of six per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certi- fied and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby ir- revocably pledged. In Witness Whereof, The City of Dubuque by its City Council, has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this ------day of-------------, 19----, and has authorized the use of their fac- simile signature to the interest coupons hereto attached. -------------------------------- Mayo -r. --------------------------------- City Clerk. Countersigned (Seal) (Form of Coupon) on the ----day of --------- A. D. 19---, the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sun of -------------Dollars, at the office of the City Treasurer in the City of Dubuque, being ---------- months interest due that day on its Im- provement Bond No ------------------ dated ----------------------- ----------------,dated----------------------, 19----• ---------------------------------- Mayor. ---------------------------------- City Clerk. Countersigned Be It Further Resolved, That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer, who will also register them in a book to be kept by him for that purpose; Be It Further Resolved, That the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improve- ment Fund; Be It Further Resolved, That the interest coupons at- tached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac-simile sig- nature of the City Clerk; Be It Further Resolved, That as fast as funds al- low, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 26th day of December, 1941. Approved: F. W. THOMPSON, ALBERT WHARTON, GEO. R. MURPHY, Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Councilmen Murphy, Thompson, Wharton. Nays —Mayor Van Duelman, Councilman Schueller. Statement of Donald Bandy, sub- scribed and sworn to, that he posted along the line of improvement a notice of levy of special assessments and in- tention of the City Council to issue bonds for the resurfacing of West Third Street from the East property line of Burch Street to the West prop- erty line of Alpine Street South, pre- sented and read. Councilman Murphy moved that the statement be received and placed on file. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yea—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Claim of George B. Collinson in the amount of $50.00 for personal injuries sustained in falling down an open stair- way leading to the basement of the building on the Northeast corner of Sixth and Main Streets, presented and read. Councilman Wharton moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays—None. 0 C 0 t Special Session, December 26th, 1941. Communication of Retail Merchants Bureau expressing their thanks for Council co-operation in connection with the Christmas Parade held November 29th, Wharton presented and read. Coun- cilman moved that the com- munication be received and placed on file. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of Farley & Loetscher Mfg. Co. requesting permission to install four underground storage tanks in Jackson Street at the southwest corner of Ninth and Jackson Streets presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. qw, Petition of Swift and Company of- fering to pay, within thirty days, the full total principal of all of the assess- ments not so paid by the former owner against City Lots .549, 549-A and 550 contingent upon the City vacating a part of Harrison Street as requested in a companion petition filed with the City Council, presented and read. Councilman Murphy moved that the petition be referred to the City Solicit- or for investigation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. • Nays—None. Petition of Swift and Company ask- ing for the vacation of all of that part of Harrison Street beginning 105 feet South of the South line of Dodge Street and extending southerly to the North line of Industrial Subdivision, present- ed and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas— Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays—None. Petition of Milton J. Kalmes, advis- ing Council that he is discontinuing the operation of the Frontier at 1085 Uni- versity Avenue and requesting a refund in the amount of $50.00 on the unex- pired portion of his cigarette li- cense and a refund in the amount of $150.00 on the unexpired por- tione of his beer permit, present- ed and read. Councilman Thomp- son moved that the requests be granted } and the City Auditor to be instructed 309 to draw a warrant in the amount of $50.00 in favor of Milton J. Kalmes to cover refund on the unexpired portion of his cigarette license, said license to be returned for cancellation on or be- fore December 31st, 1941, and also to draw a warrant in the amount of $150.00 in favor of Milton J. Kalmes to cover refund on the unexpired portion of his beer permit, said beer permit to be re- turned on or before February 16th, 1942, for cancellation. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Petition of Mettel Realty & Invest- ment Co. submitting offer in the amount of $25.00 as payment of the unpaid special assessments against Lot 13 in McClain's Subdivision for the purpose of clearing title, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Council Proceedings for the month of October, 1941, presented for ap- proval. Councilman Thompson moved that the Council Proceedings for the month of October, 1941, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wliarton. Nays—None. Proofs of publication, certified to by the publishers, of statement of receipts and also a list of claims for which war- rants were drawn during the month of November, 1941, presented and read. Councilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 35-41. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Du- buque" so as to change to "Mutiple Residence District" certain defined ter- ritory now being delimited as "Two Family Residence District," said ordi- nance having been passed upon first and second readings on December 12th, 1941, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, presented and read a third time. 310 Special Session, December 26th, 1941. ORDINANCE NO. 35-41 An Ordinance amending and chang- ing the Zoning Map of the City of Du- buque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" cer- tain defined territory now being delim- ited as "Two -Family Residence Dis- trict." WHEREAS, Itis deemed advisable by the City Council to amend the Zon- ing Map of the City of Dubuque as provided by Ordinance No. 3-34, desig- nated as "Zoning Ordinance of the City of Dubuque" so as to change to "Mul- tiple Residence District" certain terri- tory hereinafter described, now delim- ited as "Two -Family Residence Dis- trict"; and WHEREAS, Notices of such pro- posed change have been published as provided by law and an opportunity afforded to any and all interested par- ties and citizens to object thereto at a public meeting held at 7:30 p. m., De- cember 12th, 194.1, in the Council Chamber in the City Hall; and WHEREAS, No objections have been filed or made to the proposed change; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be and the same is hereby amend- ed and changed as follows: By changing from a "Two -Family Residence District" to "Multiple Resi- dence District" the area described as follows: Mobley's Dubuque Addition, Collins' Sub., Bell's Sub. and Keogh's Sub. Section 2. This Ordinance shall be in force and effevt from and after its final passage, adoption, approval by the City Council and publication as by law provided, and when the costs and ex- penses of publication have been paid by the parties applying therefor. Passed upon first and second read- ings this 12th day of December, 1941. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, GRO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper and The Daily Tri- bune newspaper this 31st day of De- cember, 1941. J. J. SHEA, 12-31-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Resolution No. 163-41. Whereas, It is apparent that the ex- isting railroad street crossing of the Chicago Great Western Railroad Co. at 29th Street is dangerous and subject to control; and Whereas, It is deemed necessary by the City Council of the City of Du- buque, Iowa, in the interest of the pub- lic safety and convenience that modern approved, electrically operating flashing light and stop signals be installed and operated at the 29th Street crossing of the Chicago Great Western Railroad Co.; Now, Therefore, Be It Resolved, By the City Cosncil of the City of Dubuque: That the Chicago Great Western Railroad Co. be and it is hereby or- dered and directed to provide, install and operate modern, approved, elec- trically operated flashing light and ro- tating disk stop crossing signals at 29th Street in the City of Dubuque. That the service shall be immediately started and shall be completed and in use by January 26th, 1942; Be It Fur- ther Resolved, That the City Clerk shall cause to be served on the Chicago Great Western Railroad Co. a copy of this resolution. Passed, adopted and approved this 26th day of December, 1941. FRANK VAN DUEL,MAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. Special Session, December 26th, 1941. Resolution No. 164-41. Be It Resolved, By the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sale of cigar- ettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Louis Anthoine (effective 1-1-42), 119 West Sixth Street. Mayor Van Duelman, Councilmen phy, Schueller, Thompson, Wh; Nays—None. There being no further bu: Councilmen Murphy moved toad Seconded by Councilman Thon Carried by the following vote: —Mayor Van Duelman, Cc men Murphy, Schueller, Thon Wharton. Nays—None. 3 J. J. SHEA, City Clei Be It Further Resolved, That the bond filed with the application be ap- Approved -1 provd. Passed, adoped and approved this _ -1 26th day of December, 1941. Adopted FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, _ GEO. R. MURPHY, Councilme Councilmen. Attest: J. J. SHEA, City Clerk. - City Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the j following vote: Yeas—Mayor Van Duel- Attest: man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Wharton moved that the t' I! rules be suspended for the purpose of allowing anyone present in the Coun- cil Chamber, who wishes to do so, to j address the Council. Seconded by JJ Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays—None. is Mr. H. F. Reynolds, Attorney, repre- senting the firm of Marmis and Solo- mon, addressed the Council relative to the petition filed requesting regulation ! of junk yards. ti i Verbal report of City Solicitor Kintz- inger recommending acceptance of Warranty Deed of C. P. Lagen and Eugenie Lagen, also Warranty Deed of Louis J. Lagen and Administrator Deed of M. H. Czizek for the Estate of Jo- seph T. Lagen, Deceased, conveying the South Middle Thirty-two Feet of City Lot 658 to the City of Dubuque, presented. Councilman Murphy moved that the verbal recommendation of City Solicitor Kintzinger be approved and ;., that the Deeds be accepted and ordered �.. recorded with the County Recorder. Seconded by Councilman Wharton. Carried by the following vote: Yeas— City 312 III OFFICIAL PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA For the Year 1942 wiffriA I -.- Yi r ,. +�� _ - . d s CITY OFFICERS FOR THE YEAR 1942 COUNCILMEN ALBERT WHARTON, Mayor GEO. R. MURPHY F. W. THOMPSON B. A. SCHUELLER FRANK VAN DUELMAN City Clerk, J. J. SHEA City Solicitor, JOHN J. KINTZINGER City Manager, A. A. Rhomberg City Treasurer— OTTO F. PULS City Auditor— R. P. MARSHALL Chief of Fire Department— WILLIAM L. RYAN City Electrician— JOSEPH CORRELL Police Judge -- LOUIS F. FAUTSCH Plumbing Inspector— D. J. O'LEARY Electrical Inspector— OTTO F. BETHKE Building Commissioner— PAUL A. ROSSITER City Assessor— HARRY J. HANOVER Chief of Police— JOSEPH H. STRUB Health Director— DR. C. C. LYTLE Sanitary Officer— JOSEPH T. SCHARRY Milk Inspector— V. F. CHAPMAN Food and Restaurant Inspector— MRS. ALMEDA TIMMONS Market Master— C. J. McCARTHY Recreational Director— CARL GRABOW Superintendent of Water Works— J. J. HAIL Regular meetings of the City Council are held the first Monday of each month, at 7:30 o'clock. INDEX—Book 72 1942 SUBJECT Page A Jan. 5—Andresen, W. J., Police Officer, statement that he served a copy of Resolution No. 163-41 upon H. F. Bauer of the Chicago Great Western Railroad Co .................... 3 Feb. 2—Anthoine, Louis and Agnella, granted Class "B" beer permit.................................................................................... 20 " 17—American Legion Auxiliary, requesting permission for the holding of Annual Poppy Sale .................................. 25 April 6—Appointment of Officers by the City Council ........................ 89 " 6—Appointment of Board of Review .......................................... 89 " 6—Appointments of Banks as depositors of public funds.... 89 " 6—American Trust and Savings Bank, appointed as a de- pository of public funds ................................................... 89 " 6—Appointment of Telegraph -Herald as official newspaper 90 " 6—Appointment of officers and employees by City Manager 90 " 21—Amodeo, Joseph; granted cigarette permit ............................ 102 May 4—Athletic Field, schedule of charges for the rental of same where admission is charged ............................ 107 June 1—Alley between Gandolfo Street and South Algona Street from St. Joseph Street to Dodge Street, matter of taking care of storm water ............................................ 119-145 " 1—American Water Works Association extending invitation to attend conference in Chicago, Illinois, beginning June 21 and closing June 25, 1942 .............................. 120 " 1—American Legion Auxiliary, asking that a proclamation be issued proclaiming one day a week as "Flag Day" for the duration of the present war .............. 121 " 1—Annual reports of City Auditor, City Treasurer and City Recreational Director........................................................ 124 " 30—American Trust and Savings Bank, Trustee's Deed and Abstract of Title, conveying Mineral Lots 301, 301A and 302 to the City of Dubuque .................................... 128 " 30—Anthoine, Louis, granted cigarette permit ........................ 133 " 30—Amodeo, Joseph, granted cigarette permit .......................... 134 " 30—American Legion, granted cigarette permit ...................... 134 " 30—Apel, Merlin, granted cigarette permit .............................. 134 " 30—Anthony, Theodore E., granted cigarette permit.......... 135 " 30—Anthony, Theodore E. and Lillian, granted Class 'B" beerpermit............................................................................ 137.138 " 30—Amodeo, Jos., granted Class "B" beer permit .................. 137-138 July 21—Avery, Siegel H., requesting that Elm Street north of Twenty -Fourth Street be placed in a passable con- dition...................................................................................... 150 Aug. 15—American La France Fire Truck, acceptance of same...... 173 Sept. 8—Abbey, W. F., ordered to construct permanent sidewalk abutting Lot 331 Woodlawn Park Addition .............. 182-193 " 8—Armstrong, John A. and Harriet, granted cigarett permit 183 " 8—Armstrong, John A. and Harriet, granted Class "B" beer permit.................................................................................... 183.184 Oct. 5—Airport Committee of Chamber of Commerce, asking City of Dubuque to sponsor a W. P. A. Project for the construction of an Airport .............................................. 199-208 Nov. 2—Agreement of property owners abutting upon the West side of the alley between Maple and Cedar Streets from East Sixteenth Street to East Seventeenth Street consenting to paving, grading and draining of said alley at the expense of the Dubuque Packing Company................................................................................ 215 " 4—Airport Fund, supplemental estimate for levy of taxes for the year 1942.................................................................. 222.226 INDEX—Book 72 1942 SUBJECT Page A 16—American Legion, advising that they have appointed an Airport Committee and requests that said Com- mittee be advised when meetings are to be held pertaining to the establishment of a Municipal Air- port......................................................................................... 227 Dec. 7—Abraham, Charles J., bond ...................................................... 236 7—Airport project, City Manager authorized to secure op- tions upon lands suitable for Airport purposes and to submit a report to the City Council upon the prospects of securing Federal financing to aid in the carrying out of said project .................................... . 236 INDEX—Book 72 1942 SUBJECT Page B Jan. 5—Black and White Cab Company, the Checker Cab Com- pany and John Young, requesting a revision of Ordi- nance No. 23-32 regulating the operation of taxi cabs and fixing the rates and prices to be charged for the transportation of passengers .......................................... 2 " 27—Brady, John A., Clerk of Police Court, bond ........................ 10 " 27—Baumhover, Mrs. B. L. et al, requesting that the name of Dodge Street from Fremont Avenue the end at Collins Street be changed westerly to to McKinley Avenue.................................................................................. 10-11-12 Feb. 2—Building and Common Laborers Local 659, requesting permission to use the grounds west of the Municipal Athletic Field for the holding of a carnival .............. 19 " 2—Brammer, Roy et al, requesting the rezoning of the pro- perty abutting Mt. Pleasant Avenue and extending from University Avenue on the south to Loras Boule- vard on the north............................................19-84-87-98-99.106-107 " 2—Briggs, William E., granted cigarette permit .................... 20 " 2—Briggs, William E., granted Class "B" beer permit........ 20 " 13—Bolte, Albert, waiver on acceptance of contract for the construction of a sanitary sewer in Fremont Avenue and in Wartburg Place .................................................... 21 " 13—Burch, Dorothy H., waiver on acceptance of contract for the construction of a sanitary sewer in Fremont Avenue and in Wartburg Place .................................... 21 " 13—Beh, Carlton D. Co., agreement for the purchase of $8,000.00 Street Improvement Bonds ...........I .............. 22.23-31 " 17—Brunswick Radio Corporation, agreement for fire pro- tection.................................................................................... 27 " 17—Buechel, Louis, excavation bond .......................................... 27 " 24—Beerman, John, requesting refunds on both his cigarette andbeer permits................................................................ 31 Mar. 2—Bartels, Ed. and Sons, requesting that fire protection be extended to their property known as the Bartels CabinCamp.......................................................................... 35 " 2—Barrett, H. L., granted Class "B" beer permit .................... 37-38 " 2—Budget for the fiscal year beginning April 1, 1942 and ending March 31, 1943 .........38 -39 -40 -41 -42 -43 -44 -45 -46-47-48-49- 50-51-60-61-62-63-64-65-66-67-68-69-70-71-72-73-79 " 10—Burden, George A. and George R., agreements for fire protection.............................................................................. 57 " 10—Bartels, Ed. and Sons, agreement for fire protection........ 57 " 27—Blum, Max, requesting Council not to adopt the pro- posed ordinance regulating and licensing Junk Dealers.................................................................................. 84 " 31—Bogas, S., Gus Bogas and Dan Diamond, granted cigar- ettepermit............................................................................ 86 April 6—Beh, Carleton D. Co., relative to the sale of $8,000.00 Special Assessment Bonds for paving of West Third Street ................................................... .....90-93-94-95-96 ........................ " 6—Bethke, Otto F., Electric Inspector, bond ....................... 91 " 8—Bierring, Walter L., Commissioner, State Department of Health, extending invitation to City Physician or Local Health Officer to attend meeting of Iowa Public Health Association at Des Moines ............... 97 " 21—Board of Library Trustees, Carnegie -Stout Free Public Library, annual report .................................................... 101 " 21—Brune, Mr. and Mrs. John A., purchase of the North 60 feet of Lot 8 of Min. Lot 24 from Dubuque County... 102-109-110 May 4—Billis, Gust, requesting a refund on his beer license........ 105 " 4—Barrett, Charles and Ethel, granted Class "B" beer permit.................................................................................... 109 INDEX—Book 72 1942 SUBJECT Page B " 15—Black and White Cab Company, taxi -cab bond ................ 118 June 1—Balback, Mrs. Edward (Marie), notice of claim .................. 120 " 1—Burnett, Walter J., requesting that he be granted a per- mit to collect junk............................................................ 121 " 30—Barrett, H. L., requesting a refund on his Class "B" beer permit.................................................................................... 128 " 30—Board of Dock Commissioners, certificate of tax levy........ 129 " 30—Board of Review, report foi• the year 1942 ........................131-143.144 " 30—B. P. O. E. Lodge, granted cigarette permit ........................ 134 " 30—Baumgartner, John J. and John M., granted cigarette permit.................................................................................... 134 " 30—Blum, Morris, granted cigarette permit ............................. 134 " 30—Buelow, Clarence C., granted cigarette permit .................. 135 " 30—Bertsch, Joseph J., granted cigarette permit ...................... 135 " 30—Brodeur, Norbert W., granted cigarette permit ................ 135 " 30—Beck, John, granted cigarette permit .................................. 135 " 30—Barrett, Mrs. Ethel and Charles, granted cigarette per- mit.......................................................................................... 135 " 30—Briggs, William E., granted cigarette permit .................. 135 " 30—Baumhover, B. L., granted cigarette permit ........................ 135 " 30—Braun, Henry C., granted cigarette permit ............................ 136 " 30—Berntgen, Frank H., granted Class "B" beer permit........ 136-137 " 30—B. P. O. E., granted Class "B" beer permit ...................... 136-138 " 30—Bertsch, Jos. J. and A. J. Berntgen, granted Class "B" beerpermit.......................................................................... 137-138 " 30—Buelow, Clarence E. and Adele, granted Class "B" beer permit.................................................................................... 137-138 " 30—Brodeur, Norbert W. and Catherine, granted Class "B" beerpermit.......................................................................... 137-138 " 30—Bowman, Lloyd and Frances, granted Class "B" beer permit.................................................................................... 137-138 July 6—Bonded Debt Fund, transfer of the amount of $24,022.23 from the Fire Department Maintenance Fund to said fund........................................................................................ 146-152 " 21—Budget Estimate of Expenditures for the fiscal year be- ginning April 1, 1943 and ending March 31, 1944, as a basis for the tax levy for the year 1942, the same to be collected in the year 1943........148-149-157-158-159-166-167-168 " 21—Balback, Mrs. Edward (Marie), original notice of suit.... 149 Aug. 3—Beckius, Cleta E. et al, requesting Council to prohibit the operation of the Fox Roller Rink now operating In the vicinity of Nineteenth and Elm Streets ........ 157-163.168 " 3—Barrett, Charles and Ethel, requesting refund on cigar- ettepermit............................................................................ 159 " 7—Bradley, Henry and Noble, requesting that they be per- mitted to continue the operation of the roller skating rink at Nineteenth and Elm Streets until cool weather in October............................................................ 163-168 " 7—Board of Dock Commissioners, asking that the City join with the Dock Commission in entering into a pro- posed contract with the Interstate Power Company for the acquisition of property owned by the Inter- state Power Company on City Island in exchange for City owned property, said property to be acquired for the purpose of carrying out the river front im. provement plan as adopted in the original City plan.. 165-184-185 Sept. 8—Board of Dock Commissioners, submitting attached com- prehensive general plan for the improvement of the waterfront............................................................................ 178 " 8—Burke, Richard J., excavation bond ...................................... 180 a INDEX—Book 72 1942 SUBJECT Page B " 25—Beckett, Fabian, Trustee, sale of Lot 1 of Lot 809 of A. McDaniel's Sub. by Dubuque County, asking ap- proval by the City of Dubuque of said sale ............ 196-205 Oct. 5—Blades, William Estate, requesting the rezoning of Lots 3-4-5-6-7 of Cain's Subdivision ........................................ 201-217 " 5—Bids for caulking and painting the exterior window and door frames and to paint the exterior woodwork at CityHall................................................................................ 202 " 5—Baumgartner, John M. and John J., granted Class "B" beerpermit............................................................................ 205 " 13—Board of Dock Commissioners recommending that the City Council take appropriate steps to transfer title of the property known as the old Standard Lumber Company property to the Federal Government, with reservations for the establishing of a synthetic rub- ber manufacturing plant .................................................. 211-212 Nov. 2—Burdt, F. C., submitting copy of bill against James F. Lee, contractor, in the amount of $17.60 for the con- struction of a manhole in Plum Street ........................ 213-223 " 2—Berk, W., requesting permission to make necessary re- pairs to the building located on the Middle 1-5 of City Lot 475 and located at 1458 Locust Street .................. 214-235 " 2—Barrington, Win. and Glen Miller, granted Class "B" beer permit.................................................................................. 219 " 2—Blum, Mrs. Margaret, granted Class "B" beer permit........ 219 Dec. 7—Brandt, Mrs. Mary F., suspension of 1941 taxes ................ 232-239 " 7—Board of Adjustment, submitting recommendation on the petition of W. Berk to increase living quarters on the middle 1-5 of Lot 475, otherwise described as 1458 LocustStreet........................................................................ 235 " 23—Brashaw, Clarence J., notice of claim .................................. 238 INDEX—Book 72 1942 SUBJECT Page C Jan. 5—City Council, Regular Session .... .... _ ..................... 1 " 5—Chicago Great Western Railroad Co., pertaining to the installation of electrically operated flashing light and rotating disk top crossing signals at Twenty - Ninth Street crossing ..................... ................. 3-9.74-75-83-97-99-227 " 5—Canfield, Wm. J. Jr., granted Class "B" beer permit.... 6 " 5—Chase, Mrs. Melita, granted Class "B" beer permit........ 6 " 6—City Council, Special Session ................................................ g " 27—City Council, Special Session ................................................ 9 " 27—Chicago Great Western Railway Company, City Manager to be instructed to notify said Railroad Company to place crossing watchmen at the Twenty -Ninth Street crossing for a 24 hour period each day 9-74-75-83-97-99-227 " 27—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- vorts for December, 1941 .................................................... 10 27—Claims for December, 1941 .................................................... 10 " 27—Collinson, George B., settlement of claim ......................... 11 Feb. 2—City " Council, Regular Session ............................................... 19 2—Carr Callahan, granted cigarette permit ........................... 20 " 2—Carr Callahan, granted Class "B" beer permit .................. 20 " 13—City Council, Special Session .................................................... 21 " 17—City Council, Special Session .................................................... 24 " 17—Claims for month of January, 1942 ...................................... 26 " 17—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports for the month of January, 1942 ........................ 26 " 17—Claims for month of December, 1941, proof of publication 27 " 24—City Council, Special Session ................................................. 31 Mar. 2—City Council, Regular Session ............................................... 3b " 2—Claims for month of January, 1942, proof of publication 35 " 2—Civil Service Commission submitting a corrected list of entrants for appointment to the Police Department 36 2—Civil Service Commission, submitting a corrected list of entrants for appointment to the Fire Department.... 36 " 2—Crawford, Paul, granted Class "B" beer permit .................. 37-38 " 2—Consolidated tax levy in ratio, appropriated as provided bylaw................................................................................... 38 " 10—City Council, Special Session .................................................. 52 " 10—Conrad, Allan R., application for Class "C" beer permit 52-76-77 " 10—Chase, Melita, requesting refund on Class "B" beer permit....................................... 57 10—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports for month of February, 1942 .................................... 57 " 10—Chase, Melita and Kathleen Dahl, granted Class "B" beer " 20—City permit.................................................................................... Council, Special Session .................................................. 58-59 60 " 20—Council Proceedings foi• the month of December, 1941, approved as printed............................................................ 74 " 21—City Council, Special Session ................................................ 78 " 27—City Council, Special Session ................................................ 79 " 27—Conley, Joseph M., submitting application for appoint- ment to the Board of Assessment and Review for theyear 1942...................................................................... 82 " 31—City Council, Special Session ................................................ 85 " 31—Claims " for month of February, 1942, proof of publication 86 31—Crawford, Paul, granted cigarette permit .......................... 86 April 6—City Council, Regular Session .............................................. 89 " 6—Conley, Joseph M., appointed as member of Board of Review.................................................................................... 89 INDEX—Book 72 1942 SUBJECT i'il 4C C " 6—Continental Casualty Company, submitting Certificate of Compliance for the transaction of Fidelity and Sure- tybusiness............................................................................ 91 " 8—City Council, Special Session .................................................. 97 " 21—City Council, Special Session ................................................ 98 " 21—Connors, Maude, suspension of 1941 taxes .......................... 100 " 21—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports for the month of March, 1942 .................................. 101 " 21—Claims for month of March, 1942 .......................................... 101 " 21—County Auditor, advising that the Board of Supervisors have accepted a bid of $50.00 from Mr. and Mrs. John A. Brune on the North 60 feet of Lot 8 of Min. Lot24.................................................................................... 102 May 4 --City Council, Regular Session ................................................ 105 " 6—City Council, Special Session ................................................ 111 " 6—City Manager empowered to negotiate with the officials of Klauer Mfg. Co. for the purpose of acquiring the necessary property for the straightening of the street intersection at Twenty -Sixth and Washington Streets.................................................................................... 112 " 6—Claims for month of March, 1942, proof of publication...... 113 " 15—City Council, Special Session ................................................ 115 " 15—Chief of Police, submitting for Council consideration a substitute ordinance for the registering and regulat- ingof bicycles.................................................................... 116 " 15—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports for month of April, 1942 .......................................... 116-117 " 15—Claims for month of April, 1942 ........................................ 116-117 June 1—City Council, Regular Session .............................................. 119 " 1—Claims for month of April, 1942, proof of publication.... 123 " 1—City Auditor, City Treasurer and City Recreational Di- rector, annual reports........................................................ 124 " 30—City Council, Special Session .................................................. 127 " 30—Capitol Oil Corporation, requesting that Terminal Street be repaired and placed in a passable condition........ 128 " 30—Council Proceedings for the months of January, Febru- ary and March, 1942, approved as printed .................. 131 " 30—Claims for month of May, 1942, proof of publication........ 131 " 30—Civil Service Commission, submitting eligible list for ap- pointment to positions on Fire Department .................. 131 " 30—Civil Service Commission, submitting eligible list for ap- pointment to positions on Police Department............ 132 " 30—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports for month of May, 1942 ........................................ 132 " 30—Claims for month of May, 1942 ................................................ 132 " 30—Chief of Police submitting recommendations that stop signs be erected at Ninth and Iowa Streets, at the Intersection of Loras Boulevard and University Avenue, at Asbury Street and University Avenue, also that East Fourteenth Street from Central Aven- ue to Elm Street and Elm Street from East Four- teenth Street to East Twentieth Streets be desig- nated as boulevards........................................................ 132 " 30—Conley, Jos. M., warrant in the amount of $200.00 ordered drawn in his favor for services rendered as a mem- ber of Board of Review .................................................. 133 " 30—Corbett, J. G., granted cigarette permit .............................. 133 " 30—Cunningham, Leo and J. M. Thompson, granted cigar- ette permit............................................................................ 134 INDEX—Book 72 1942 SUBJECT Page C " 30—Carr Callahan, granted cigarett permit ................................. 135 " 30—Clesen, Wm. J., granted cigarette permit .......................... 135 " 30—Cooper, Fred H. and Frank A. Lambe, granted cigarette permit.................................................................................... 136 " 30—Clancy, Mrs. Margaret, granted cigarette permit .............. 136 " 30—Casey, Harold, granted cigarette permit ............................ 136 " 30—Crawford, Paul, granted cigarette permit ...................... 136 " 30—Chase, Melita and Kathleen Dahl, transfer of address of Class "B" beer permit ...................................................... 136-137 " 30—Cunningham, Leo V. and John M. Thompson, granted Class "B" beer permit .................................................... 136-137 " 30—Capretz, Chris. and Wm. Lembke, granted Class "B" beerpermit......................................................................... 137-138 " 30—Cooper, Fred M. and Frank A. Lambe granted Class "B" beerpermit.......................................................................... 137-138 " 30—Cosley, William W. and Maggie, granted Class "B" beer permit.................................................................................... 137-138 July 6—City Council, Regular Session ............................................. 141 " 6—Council Proceedings for month of April, 1942, approved asprinted............................................................................ 142 " 21—City Council, Special Session ......__................................... 148 " 21—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports foi• month of June, 1942 ........................................ 153 " 21—Claims for month of June, 1942 .......................................... 153 " 21—Crane, Ruby Jane, approval of sale by Dubuque County of Lot 7 of South Avenue Addition ............................. 155 Aug. 3—City Council, Regular Session ........................... ................ 157 " 3—Council Proceedings for month of May, 1942, approved asprinted....................................................... .................. 160 " 3—Claims for month of June, 1942, proof of publication ..... 160 " 3—Chief of Police, suggesting that some sort of legislation be enacted controlling the playing of mechanical musical devices in public places .................................. 161 " 3—Clesen, Wm. J., granted Class "B" beer permit ................. 161-162 " 7—City Council, Special Session ............................................. 163 " 7—Civil Service Commission, submitting report on examin- ation held for eligible list for appointment as Public HealthNurse .............................................................. 164 " 7—Chase, Melita and Kathleen Dahl, transfer of address of Class "B„ beer permit ..................................................... 164-165 " 15—City Council, Special Session ................................................ 166 " 15—Civil Service Commission, submitting report on examin- ation held for eligible list for appointment as Clerk in the office of the City Water Department ................ 171 " 15—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports for the month of July, 1942 ...................................... 172 " 15—Claims for month of July, 1942 ............................................ 172 Sept. 7—City Council, Regular Session ................................................ 175 " 8—City Council, Adjourned Regular Session ........... I............ 176 " 8—Chief of Police Strub recommending that the action against The Service Club Class "B" beer permit be completed as required by law ........................................ 177 " 8—Collinson, Geo. B., suspension of 1941 taxes ...................... 178 " 8—Claims for month of July, 1942, proof of publication.... 178 " 8—Council Proceedings for month of June, 1942, approved asprinted .................... .... .......... 178 " 8—Chase, Mrs. Melita and Miss Kathleen Dahl, requesting refund of $100.00 deposit for a cigarette permit............ 181 " 18—City Council, Special Session ................................................ 187 " 25—City Council, Special Session .................................................. 188 INDEX—Book 72 1942 SUBJECT Page C " 25—Clesen, Wm. J., requesting a refund on both his beer and cigarette permits................................................................ 191 " 25—Clerk of Civil Service Commission authorized to attend Annual Conference on Personnel Administration to be held in St. Paul, Minnesota, October 1-2-3, 1942.... 193 " 25—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports for month of August, 1942 .................................... 194 " 25—Claims for month of August, 1942 .................................... 194 " 25—City Recreation Department, annual report ...................... 194 " 25—Chase, Mrs. Melita and Miss Kathleen Dahl, granted cigarette permit.................................................................. 195 Oct. 5—City Council, Special Session .................................................... 199 " 5—City Council, Regular Session .................................................. 200 " 5—Connelly, George, City Fireman, requesting a leave of absence as he has been inducted into the military service of the United States under the Selective ServiceDraft........................................................................ 200 5—City Employees Local Union No. 228, requesting that they be allowed time and one-half for all overtime over eight hours per day, also Saturday afternoons, Sun- days and holidays................................................................ 201 " 5—Claims for month of August, 1942, proof of publication.... 201 " 5—City Solicitor Kintzinger submitting report on the ques- tion as to whether or not two permits can be issued for the same address and building .............................. 203-204 " 5—Clancy, Ray and Margaret, granted Class "B" beer per- mit.......................................................................................... 205 " 13—City Council, Special Session ................................................ 208 Nov. 2—City Council, Regular Session ................................................ 213 " 2—Casey, Mrs. Jim, notice of claim .......................................... 213-224 " 2—Cttingham & Butler Insurance Service, Inc., requesting the cancellation of the Beer Bond of Paul Crawford 214 " 2—Coates, F. W. Agency, requesting cancellation of the cigarette and beer bonds of Roy Ney........................ 214 " 2—Claims for month of September, 1942, proof of publica- tion.......................................................................................... 215 " 2—Council Proceedings for month of July, 1942, approved as printed.................................................................................... 216 " 2—Civil Service Commission, submitting report on examin- ation held for eligible list for appointment as Ambu- lanceDriver.......................................................................... 216 " 2—Civil Service Commission, submitting report on examin- ation held for eligible list for appointment as Cap- tain on the Fire Department ........................................ 216 " 2—Civil Service Commission, submitting report on examin- ation held for eligible list for appointment as Meter Service Man in Water Department ............................ 216 " 2—City Auditor, City Treasurer, City Health Department, City Water Works and City Recreation Department, reports for month of September, 1942 ...................... 217 " 2—Claims for month of September, 1942 .................................. 217 " 4—City Council, Special Session ................................................ 221 " 16—City Council, Special Session .............................................. 226 " 16—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports for month of October, 1942., .................................. 227 " 16—Claims for month of October, 1942 ........................................ 227 " 16—City Manager designated as Mileage Administrator...... 230 Dec. 7—City Council, Regular Session .............................................. 231 INDEX—Book 72 1942 SUBJECT Page C " 7—City Employees instructed to co-operate with O. C. D. Officials in both the trial blackout test of December 9 and the blackout of December 14 .............................. 231 " 7—Crawford, Paul, requesting refunds on both his beer and cigarette permits................................................................ 232 " 7—Chase, Mrs. Melita and Kathleen Dahl, requesting re- funds on both their beer and cigarette permits.......... 232 " 7—Claims for month of October, 1942, proof of publication. 234 " 7—Curtis-Straub Co., excavation bond ........................................ 236 " 7—Clancy, Mrs. Abbie, granted Class "B" beer permit........ 236 " 23—City Council, Special Session ............................................... 237 " 23—Claims for month of November, 1942, proof of publication 239 23—Council Proceedings for month of August, 1942, ap- proved as printed ......................... .......................... 239 " 23—City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, re- ports for month of November, 1942 ............................... 239 ffj INDEX—Book 72 1942 SUBJECT Page D Jan. 5—Dubuque Safety Council, submitting attached resolutions requesting that "Stop" signs at intersections be raised, also requesting the passage of a Model Traffic Ordinance, also requesting the installation of more "No Parking," signs in the alleys, also requesting the marking of parking spaces on the streets in the busi- ness district, also requesting the installation of a Walk Signal at Eighth and Main Streets ...................... 3 Mar. 10—Daughters of Union Veterans of the Civil War, request- ing permission for the holding of their Annual Tag Day.......................................................................................... 52 " 10—Dr. Pepper Bowling Lanes Club, granted Class "B" beer permit for Private Club .................................................... 58 " 20—De Harte, T. E., Supervisor, Office of Auditor of State, Des Moines, Iowa, asking to be advised as to whether it is the desire of the City Council to have examiners from the Office of State Auditor to make annual audit of the City's records for the period ending March 31, 1942........................................................................................ 74 " 20—Dr. Pepper Bowling Lanes Club, granted cigarette permit 76 " 20—Dieterich, Mr. et al, property owners abutting Globe Street objecting to granting of the use of 20 feet of this street to one property owner and requesting that street be ordered opened .......................................... 77 April 6—Dubuque Bank and Trust Company, appointed as a de- pository of public funds .................................................... 89 " 6—Demkier, Geraldine L., Secretary to City Manager, bond 91 " 21—Dubuque Trades and Labor Congress, submitting the names of Cliff Van Zile and V. Lindenberg for ap- pointment on the Library Board .................................. 99-102 May 4—Daniels, J. L., requesting the opening of the alley in the rear of 1375 Auburn Street and that said alley be broughtto grade.................................................................. 105 " 4—Dubuque Packing Company, City Manager instructed to confer with officials of said Company for the pur- pose of arriving at some immediate method for the elimination of the odors and gases coming from the Bee Branch Sewer as complained of by the persons living in the vicinity of Kniest and Elm Streets...... 106.145 " 4—Deyoe, George, granted Class "B" beer permit .................... 109 " 4—Dubuque Golf Club, granted Class "B" beer permit.......... 109 " 4—Dubuque Metal Trades Council Club, granted Class "B" beerpermit.......................................................................... 109 " 6—Dubuque Trades and Labor Congress, requesting per- mission to rent the grounds adjoining the Athletic Field for the holding of a carnival .................................. 112 June 1—Duffy, Vincent and Steve Cole, granted cigarette permit 125 " 1—Duffy, Vincent and Steve Cole, granted Class 'B" beer permit.................................................................................... 126 " 1—Duttle, Ray E. and Arlene, granted Class "C" beer permit 126 " 30—Dubuque Packing Company, advising that they were ready to live up to their part of the agreement for the filling of Lynn Street just as soon as the City causes the removal of buildings and obstructions from Lynn Street...................................................................................... 127 " 30—Dubuque Packing Company, requesting permission to make improvements and alterations in the alley be- tween Sixteenth and Seventeenth Streets and Cedar and Maple Streets.............................................................. 127-145 INDEX—Book 72 1942 S t' l;.l I:c"l' Page D " 30—Dubuque Seed Company, requesting permission to add 15 feet to their unloading platform at 169-171 Iowa Street.................................. .................... .................. 127-144-153-160-161 " 30—Dubuque Club on Bunker Hill, fire protection agreement 128 " 30—Deyoe, George, granted cigarette permit... ........................... 134 " 30—Dubuque Metal Trades Council, granted cigarette permit 134 " 30—Dr. Pepper Bowling Lanes Club, granted cigarette per- mit.......................................................................................... 134 " 30—Dubuque Packing Company, granted cigarette permit 135 " 30—Donahue, James M., granted cigarette permit. ............... . 135 " 30—Duffy, Vincent and Steve Cole, granted cigarette per- mit.......................................................................................... 135 " 30—Diamond Grill Inc., granted cigarette permit ........................ 135 " 30—Duncan, Dale, granted cigarette permit ............................. 136 " 30—Donahue, James M., granted Class "B" beer permit........ 137-138 " 30—Dugan, Charles S. and May E., granted Class "B" beer permit.................................................................................... 137-138 July 6—Dubuque Park Board, certificate of tax levy .................... 141 " 6—Dubuque Safety Council urging Council to authorize City Manager Rhomberg, Chief of Police Strub and Police Judge Fautsch to attend the National Safety Con- gress to be held in Chicago on October 6, 7 and 8, 1942................................................................. .............. 141 " 6—Dubuque Safety Council recomending and requesting Council to acquire the necessary property to elim- inate the protruding corner and correct the curve at the intersection of 'Vest Fifth and Hill Streets.... 142 " 6—Dodge Street from South Algona Street to Collins Street, residents and property owners requesting the im- proving of said street. ......... ............................... 119-145 " 21—De Voe, Earl L., requesting that a sidewalk be ordered constructed on the property next adjacent to Lot 2 of 1 of 13 and Lot 2 of 1 of 1 of Lot 13 in Wallis Heights Addition............................................................... 150 " 21—Dunbar, Otto J., granted Class "C" beer permit .............. 154.155 Aug. 3—Dairy Dispatch Company, notice of claim ......................... 159-179-180 " 7—Dubuque Trades and Labor Congress Labor Day Com- mittee, extending invitation to Council to participate " in Labor Day Parade........................................................ 164 7—Deming, J. K., re -appointed as a member of the Police and Fire Pension Boards .......................... Sept. 8—Dubuque County Civilian Defense Council, submitting Proposed estimated expenses necessary to properly set up and equip the Headquarters Office and the Control Center for the Civilian Defense Corps and asking that Council act favorably on the same....... 176 8—Dubuque Park Board, requesting that the cost of secur. ing a tree spraying outfit be taken from the amount realized from the sale of rock to Dubuque Stone " Products from the Eagle Point Park ............................ 176 25—Decker, Frank, construction of sidewalk abutting the West 170 feet of Lot 317 Davis Farm Addition........ 193 25—Dubuque Packing Company, submitting sketches show- ing their proposal as to the grade of the alley be- tween Maple and Cedar Streets from Sixteenth Street to Seventeenth Street ........................................ . 193-215 Oct. 5—Dubuque ...... Trades and Labor Congress asking Council's co- Nov. 2—Dubuque operation in the securing of a war industry plant........ County War Relief Council submitting 207 report of the receipts and expenditures in connection with the 1942 drive for funds terminated late in August........ 213 INDEX—Book 72 1942 SUBJECT Page D " 2—Dubuque County War Relief Council submitting sugges- tion that the City of Dubuque might in some man- ner commemorate the Dubuque boys who have al- ready made the supreme sacrifice ............................ 213 " 2—Didesch, Al, making application for Fire Department Service to the home of his father located just north ofDavis Avenue................................................................. 214 " 16—Decision and Order of The Iowa State Commerce Com- mission requiring the Chicago Great Western Rail- way Company to place a watchman at the East Twenty -Ninth Street railroad crossing ........................ 227 Dec. 7 --Dubuque Civilian Defense Corps, requesting the use of fire equipment for the sounding of sirens for both the trial blackout test of December 9th and the blackout of December 14th .............................................. 231 " 7—Dubuque Visiting Nurse Association requesting permis- sion for the holding of a bangle sale on December 12, 1942........................................................................................ 231 " 23—Dubuque Real Estate Board, advising of their willing- ness to co-operate in any and all matters and offer- ing their services in the matter of purchasing land required for the new City Airport ............................ 238 w INDEX—Book 72 1942 SUBJECT Page Jan. 27—Elliott, K. W. et al, requesting the rezoning from Two Family Classification to Multiple Family Classifica- tion the Southerly 100 feet of the Westerly 61 feet of Lot 822 in A. McDaniel's Subdivision ................ 10-32-37-61-82 Mar. 10—Election of March 30, 1942, voting places selected........... 59 " 10—Election of March 30, 1942, judges and clerks appointed 59-60 " 21—Election of March 30, 1942, canvassing petitions for nom- inations for Councilmen and Park Commissioner.... 78 " 31—Election of March 30, 1942, canvass of vote cast ................ 85 " 31—Election of March 30, 1942, judges and clerks, payment forservices.......................................................................... 88 April 6—Eppler, Elmer and Eileen, transfer of address of Class "B" beer permit.............................................................. 92-93 " 21—Eppler, Elmer, transfer of address of cigarette permit _ 102 May 15—Even, Joseph J. (Black and White Cab Company), taxi- cabbond............................................................................. 118 June 1—Eisenegger, Arthur J., granted Class "B" beer permit ...... 126 " 30—Emergency tax of five-eighths of a mill, resolution and application for authority to levy the same ................ 133-142 " 30—Eichhorn, Mrs. Cora, granted cigarette permit _....... 134 " 30—Eichman, Arthur H., granted cigarette permit......... ...... 134 30—Ender, A. J., granted two cigarette permits 135 " 30—Eisenegger, ....................... Arthur J., granted cigarette permit _, _ .... 135 Sri " 30—E " ler, Elmer, PA granted cigarette permit _...... ___... ..... 13b �'• 30—Eppler, Elmer and Eileen, granted Class "B•' beer per- Oct. 5—Election mit....................................... .... _ ..137-138 of November 3, 1942, voting places selected 207 " 13—Election .. Special of November 3, 1942, on the proposition of levying an annual tax for Airport purposes ........... Nov. 4—Ellerbach, 208-209-210-211-221-222 Mrs. Joseph, notice of claim ... _........ ref " 16—Emergency ....223-234-235 Fund, resolution and application for the permanent transfer of $16,963.36 from said fund to the Grading Fund and the sum of $18,443.36 from said fund to the Improvement Fund ... ... ...228-229-232-233 INDEX—Book 72 1942 SITI3JECT Page F Jan. 27—Farley and Loetscher Manufacturing Company, request- ing permission to install four underground storage tanks in Jackson Street at the southwest corner of Ninth and Jackson Streets .......................................... .... 11-12.28-29 Feb. 2—Friedman Insurance Agency, requesting release of the beer bond of Joseph W. and Virginia Hanten ............ 19 " 17—Fury, Mrs. P. J., notice of claim ........................................ 24-171 " 17—Frith, E. E. Co., agreement for fire protection ...................... 27 Mar. 8—Fischbach, Hubert M. and Ethel, granted Class "B" beer permit.................................................................................... 37-38 April 6—First National Bank, appointed as a depository of public funds...................................................................................... 89 May 4—Fuchs, Mary M. et al, requesting that curb and gutter be constructed on Lombard Avenue .................................... 105-125 " 15—Fremont Avenue and Wartburg Place sanitary sewer, sale of $3,500.00 special assessment bonds to pay for the construction of said sewer ...................................... 116 June 30—Frith, E. T., President of E. E. Frith Company, Inc., re- questing that the railroad tracks on Eighteenth Street be covered so that travel can be made pos- sible as Lynn Street is not suitable for travel and that traffic conditions on Sixteenth Street and Syca- more Street is interferring with their normal trade 127 " 30—Fire Pension Board, certificate of tax levy ...................... 129 " 30—Fire Retirement Board, certificate of tax levy .................. 130 " 30—Fraternal Order of Eagles, granted cigarette permit...... 134 " 30—Finch, Alford, granted cigarette permit .............................. 134 " 30—Flick, Morris B., granted cigarette permit. ........................... 134 " 30—Falkenhainer, Charles, granted cigarette permit ................ 135 " 30—Freymann, L. A. and S. P. Wright, granted cigarette per- mit.......................................................................................... 135 " 30—Fischbach, Hubert M. and Ethel, granted cigarette per- mit.......................................................................................... 135 " 30—Fortman, Anton, granted cigarette permit ....................... 136 " 30—Fraternal Order of Eagles, granted Class "B" beer permit 136-138 " 30—Flynn, John D. and Gussie, granted Class "B" beer per- mit.......................................................................................... 136-138 " 30—Fraternal Order of Orioles, granted Class "B" beer per- mit.......................................................................................... 137-138 " 30—Fortman, Anton, granted Class "B" beer permit............ 137-138 July 6—Fire Department Maintenance Fund, transfer of the amount of $24,022.23 from said fund to the Bonded DebtFund............................................................................ 146-152 " 21—Faldorf, Mrs. Mary, objecting to the proposed improve- ment for the curbing of Eleanor Street ............................ 150 Aug. 3—Fay, Mabel, notice of claim .................................................... 159.179 „ 3—Fitschel, Esther, bond............................................................ 161 „ 3—Fautsch, Louis F., bond............................................................ 161 " 15—Fraternal Order of Eagles, requesting permission to build a loading platform in the rear of their build- ing......................................................................170-181-192-193-201-202 " 15—Fire Engine, acceptance of new American La France FireTruck............................................................................ 173 Sept. 8—Fischbach, Hubert M., requesting refunds on his beer and cigarette permits ...................................................... 177 " 8—Fluckiger, Albert, ordered to construct sidewalks abut. ting the West 170 feet of Lot 300 and 317 Davis Farm Addition................................................................................ 182-193 " 25—Fischbach, Hubert M. and Ethel, granted cigarette per- mit.......................................................................................... 195 INDEX—Book 72 1942 SIT13JECT Page F " 25—Fischbach, Hubert M. and Ethel, granted Class "B" beer permit.................................................................................... 195 Nov. 2—Freyman, Lewis A. and Spencer P. Wright, granted Class "B" beer permit ............................................ .... • 1 219 Dec. 7—Fire Chief to be instructed to cause an investigation to be made of the fire hazard created by the building on the rear of the property located at 1458 Locust Street as suggested by the Board of Adjustment.... 235 " 7—Fire Chief to be instructed to submit for Council consid- eration a proposed fire prevention ordinance............ 235-236 " 23—Farley and Loetscher Mfg. Co., requesting the vacation of the alley between Eighth and Ninth Streets and White and Jackson Streets .... ..... ............ ...................... 238 v INDEX—Book 72 1942 SUBJECT Page G Mar. 2—Grab, Erwin M. and Helen, granted Class "B" beer per- mit.......................................................................................... 37-38 " 2—Grimme, Mrs. Elizabeth and Wm. F. Hansen, granted Class "B" beer permit ...................................................... 37-38 " 20—Genthe, Mrs. Frank, notice of claim .................................... 72-132-133 " 21—Grommersch, John J., granted refunds on both his cigar- ette and beer permits .......... 78 " 21—Glenn, Milton J., District Judge, urging Council to adopt an ordinance licensing junk dealers ............................ 78 May 4—Gantert, Harry N. and Lucile, granted Class "B" beer permit.................................................................................... 109 June 1—Gandolfo Street, residents and property owners, re- questing the improving of said street .......................... 119-145 " 30—Grove, George A., Auditor of Gasoline Tax Department, requesting that Terminal Street be repaired and placed in a passable condition ........................................ 128 " 30—Galle, Mrs. Bernice, granted cigarette permit .................. 133 " 30—Gantert, Harry N., granted cigarette permit ...................... 134 " 30—Gala, Dominick, granted cigarette permit .......................... 134 " 30—Grode, Harry and Viola, granted cigarette permit........ 135 " 30—Gordon, Elmer, granted cigarette permit ............................ 135 " 30—Galle, Mrs. Bernice, granted Class "B" beer permit............ 136-137 " 30—Gala, Dominick and Alice, granted Class "B" beer per- mit.......................................................................................... 136-138 Aug. 15—Gandolfo Street from Dodge Street to St. Joseph Street, request of property owners that the width of said street be fixed at 36 feet instead of 30 feet as pro- posed...................................................................................... 170 ry Sept. 8—Gordon, Elmer, requesting a refund on his cigarette per- mit.......................................................................................... 177 " 8—Grode, Harry and Viola, granted Class "B" beer permit 183-184 " 18—General Drivers and Helpers Local Union No. 421, Bona - tion of the use of a Portable Aluminum Lung ............ 187 Oct. 5—Grutz, John, granted cigarette permit .................................. 204 11 5—Grutz, John and Clara, granted Class "B" beer permit.... 205 Nov. 16—Grading Fund, resolution and application for the per- manent transfer of $16,963,36 from the Emergency Fund to said Grading Fund......................................228-229-232-233 s• - INDEX—Book 72 1942 SUBJECT Page H Jan. 5—Hanten, Joseph W. and Virginia, granted cigarette per- mit....................................................................................... 5 " 5—Iianten, Joseph W. and Virginia, granted Class "B" beerpermit.......................................................................... 6 " 27—Haller, Wm. A., suspension of 1941 taxes .......................... 10-27 " 27—Hammel, A. L., excavation bond .............................................. 10 " 27—Hanten, Joseph W. and Virginia, transfer of address of Class „B.' beer permit .................................................... 17 Feb. 2—Hanten, Joseph W. and Virginia, requesting refunds on both cigarette and beer permits ................................. 19 " 2—Healey, Clarence J. and Alice, granted Class "B" beer permit.............................................................................. 20 " 13—Heisey, Birdeva B., by R. P. Roedell, her attorney, waiv- er on acceptance of contract for the construction of a sanitary sewer in Fremont Avenue and in Wart- burgPlace............................................................................ 22 " 17—Hillcrest Baby Fold, agreement for fire protection ............ 27 " 17—Home of the Good Shepherd, agreement for fire protec- tion........................................................................................ 27 " 24—Howe, Cecelia, suspension of 1941 taxes ........................... 31-32 Mar. 2—Heiar, Mrs. Anna, granted Class "B" beer permit ................ 37-33 " 20—Hogan, Margaret E., suspension of 1941 taxes .............. 74-84 " 20—Hill, Thos. J., submitting application for appointment as a member of Board of Review for the 1942 term 74 April 6—Hill, Thomas J., appointed member of Board of Review.... 89 " 6—Hanover, Harry J., City Assessor, bond ..... ........... .... _.... 91 " 6—Hail, John Joseph, Superintendent and Cashier of Water Department, bond .............................................. _... .... .... . 91 " 6—Hedrick, Jacob, granted Class "B" beer permit............ 92-93 " 21—Harwood, May 4—Hard, M. L., granted cigarette permit .................... Frank B., suspension of 1941 taxes 102 " 4—Hill, ........................ Thomas, re -appointed as a member of the Police 106-112 and Fire Pension Board foi• term expiring April 1, " 4—Henkel, 1946 ........................................................ . ....................... Gus, granted cigarette permit ............. 107 June 1—Hoskins, Arthur, submitting offer in the amount of $70.00 cash in full settlement of special assessments levied against Lot 4 of Jansen Subdivision No. 3 on Roose. " veltStreet......................................................................... 121 30—Hill, Thomas J., warrant in the amount of $200.00 ordered drawn in his favor for services rendered as a mem- ber of Board of Review .................... 133 30—Hartig " Drug Co., granted three cigarette permits.... 134 30—Hochberger, " ...... John, granted cigarette permit. .......... 134 30—Hedrick, " .. ....... Jacob, granted cigarette permit ....................... 134 30—Hansen, " Wm. F., granted cigarette permit ....... 134 30—Hessel, " ............ Irvin G., granted cigarette permit. _ _ 134 30—Helmer, " ............ Hillis H., granted cigarette permit._ . .......... 134 30—Hogan, " ..... Vincent J., granted cigarette permit_ .................. 134 30—Haley, ,. Amy, granted cigarette permit _ .................. ....... 135 30—Heiar, " Mrs. Anna, granted cigarette permit . .................. 135 30—Henkel, " Gus, granted cigarette permit ............................... 135 30—Hollywood Grille, granted cigarette permit ........................ 135 30—Harwood, " Mrs. M. L., granted cigarette permit 135 30—Hughes, " ................. R. D. and R. D. Jr., granted cigarette permit...... 135 30—Hind, " 30—Hogan, Mrs. Rosemary, granted cigarette permit............ Richard, granted cigarette 135 " 30—Horne, " permit ........................ William, granted cigarette permit .......................... 135 135 30—Hoppman, " Ann Haley, granted cigarette permit 135 30—Harwood, " .............. M. L., granted cigarette permit .......................... 135 30—Haas, Louise M., granted cigarette permit ........................ 136 INDEX—Book 72 1942 SUBJECT Page H " 30—Herber, Arthur, granted cigarette permit .......................... 136 " 30—Herber, Arthur and Theresa, granted Class "B" beer per- mit.......................................................................................... 136.137 " 30—Helmer, Hillis H. and Florence S., granted Class "B" beer permit.................................................................................... 136.138 " 30—Horne, William and Mary, granted Class "B" beer per- mit.......................................................................................... 137-138 " 30—Hughes, R. D. and R. D. Jr., granted Class "B" beer per- mit.......................................................................................... 137-138 July 6--Ha.upert, Mrs. et al, requesting that some action be taken to abate the nuisance caused by the odors and dirt coming from the flock Wool Plant and also to elim- inate the odors from the Dubuque Packing Company plant........................................................................................ 141 " 21 --Hennessey, Maurice, notice of claim .................................. 149 Aug. 3—Hogan, Richard, requesting refund on cigarette permit 159-160 " 3—Hawkeye Lodge, application for Class "B" beer permit 162-196 " 3—Hawkeye Lodge, application for cigarette permit............ 162 Sept. 8—Hall, Ben H., Director of Property Tax Division, State Tax Commission, Des Moines, Iowa, extending invi- tation to City Assessor to attend meeting of the Na- tional Association of Assessing Officers at Denver " Colorado................................................................................ G. W., release of the beer and 177 8—Hohmann, requesting cigarette bonds issued to The Service Club ............ 177 " 8—Hochberger, John A. and William, granted Class "B" beerpermit.......................................................................... 183.184 " 8—Hawkeye Lodge, application for Class "B" beer permit 184.196 " 25—Huber, Martin M., submitting application for appoint- ment as a member of Civil Service Commission.... 190 " 25—Hohmann, George, requesting release of both the cigar- ette and beer bonds of Hubert M. and Ethel L. Fisch- bach........................................................................................ 191 Oct. 5—Hawkeye Lodge, granted Class "B" beer permit............ 203 " 5—Hawkeye Lodge, granted cigarette permit ...................... 203 Nov. 2 --Heins, Helen, notice of claim .............................................. 213.224 " 2—Heitzmann, William F., Mayor and City Clerk author- ized and directed to execute a corrected deed for the purchase of a strip of land at Elm and Twenty - FourthStreets...................................................................... 218 " 2—Hied, Mrs. Rosemary, granted Class "B" beer permit........ 219 2—Henkel, Gus and Bernice, granted Class "B" beer permit 219 " 16—Handel, Emil, notice of claim .................................................. 227-239 f�R INDEX—Book 72 1942 SUBJECT Page Jan. 5—Illinois Central Railroad Company, requesting authority r to construct and maintain a side-track to enter the premises occupied by Marmis and Solomon from the north commencing on Salina Street at a point op- posite Lot 11 in Dubuque Harbor Company Addition southeasterly into the premises described as Lots 9, 8 and 7 in Dubuque Harbor Company's Addi- tion............................................................................... 6-7-8-15-16-25-26 " 27—I11inois Central Railroad Company, requesting the City to waive and release any and all claims the City has or may have for damages resulting from the con- struction of a spur track from a track in Salina Street in the premises described as Lots 7, 8 and 9 in Block 13, Dubuque Harbor Company's Addition........ 16 Feb. 17—Immaculate Conception Academy, agreement for fire protection............................................................................. 27 April S—Interstate Power Company, regarding the proposed re- routing of the West Dubuque and Seminary buses in order to give service to St. Joseph Mercy Hospital and St. Anthony's Home ....................... _ ........ __ 97 May 4—Iowa Children's Home Society, requesting Council to defer giving permission to the Volunteers of Amer- ica for the holding of a tag day ..................................... 105 " 4—Interstate Power Company, requesting permission to re- route the West Dubuque buses, the Eagle Point buses, the Fremont buses and Mt. Carmel buses ... ................................................................. .... .. 110-111-113.115-116 June 30—Iowa Children's Home Society, requesting permission for the holding of a tag day... ..... .... ... _ _ .... .. _ 128 " 30—Irwin, Ray, granted cigarette permit .. _ 135 July 6—Iowa State Commerce Commission, relative to the appli- cation of the City of Dubuque for an order requiring a watchman at East Twenty -Ninth Street railroad crossing.............................................................. 14..2 " 21—Interstate Power Company, requesting that the City ar- range with the State Highway Commission for the repair of Dodge Street in order that the rails may be removed from said street and salvaged._ _ 151 " 21—Iowa State Highway Commission, submitting four copies of a contract for Primary Road Extension Mainten- ance and also stating that they would appreciate knowing if the Council definitely decides to go ahead with the removal of the rails on Dodge Street ... .... 151 " 21—Iowa State Highway Commission, proposal to improve by paving the extension of Primary Road No. 20 from West end of new bridge approach westerly on Dodge Street 286.3 feet .......................... .................... 153 Sept. 8—International Association of Chiefs of Police extend - tending invitation to Chief of Police to attend the Three Day War Conference of Police Executives to be held in New York City ...................................... 176 " 8—Iowa State Highway Commission, submitting a supple- mental contract covering the reconditioning of Dodge Street for the application of bituminous sur- facing.................................................................................. 178-179 " 25—Interstate Power Company, removal of rails and ties from the streets of the City of Dubuque and Mayor and Clerk authorized to execute a release to the Interstate Power Company upon receipt of a bill of sale covering said rails, ties and materials...... 188-189-190 z r INDEX—Book 72 1942 SUBJECT Page Nov. 16—Iowa State Commerce Commission, decision and order requiring the Chicago Great Western Railroad Com- pany to place a watchman at the East Twenty -Ninth Street railroad crossing ................................................... 227 " 16—Improvement Fund, resolution and application for the permanent transfer of $18,443.36 from the Emer- gency Fund to said Improvement Fund ............ 228-229-232-233 " 16—IInprovement Fund, resolution and application for the permanent transfer of $20,000.00 from the Water Works General Fund to said Improvement Fund.... 229-233 INDEX—Book 72 1942 SUBJECT Page Feb. 13—Jackson, Eleanor Burch, waiver on acceptance of con- tract for the construction of a sanitary sewer in Fre- mont Avenue and in Wartburg Place ... 21 Mar. 2—Jansen, Henry and Lucille, granted Class "B" beer per- mit.................................................... ................... . .... 37-38 2—Johnson, Philip and Marvel, granted Class "B" beer permit......................................................................... ...... 37-38 10—Judges and Clerks, appointed for March 30, 1942 elec- tion................................................... ..................... ., - ._ 59-60 20—Jansen, Henry and Lucille, transfer of address of Class "B" beer permit ................. 76 31—Judges and Clerks of Election of March 30. 1941, pay- ment for services ........... ........ . ... , . .. ... ..... 88 April 6—Jones, Mrs. Elizabeth, notice of claim . I ... I .... .... 91 May 4—Jansen, Henry and Lucille, granted cigarette permit. 108 June 30—Jacquinot, Harry J., granted cigarette permit ........ 135 30—Joseph, Mrs. N. B., granted cigarette permit .. .... 135 30—Jansen, Henry and Lucille, granted cigarette permit...._. 135 I N DEX — Book 72 1942 SUBJECT Mage K Jan. 5—Klauer, B. F., J. C. Loosbrock and J. A. Rhomberg, re- questing the vacation of the alley between Elm and Pine Streets from Fifteenth Street to Sixteenth Street............................ ........................................................ 3-8-11.27-28 " 27—Kohler Brothers, requesting a refund on their cigarette permit.................................................................................... 9 " 27—Kramer, Nick, granted cigarette permit ................................ 17 " 27—Kramer, Nick and Marie J., granted Class "B" beer permit.................................................................................... 17 Feb. 13—Kiesel, Henrietta Coates, waiver on acceptance of the contract for the construction of a sanitary sewer in Fremont Avenue and Wartburg Place .................... 21 " 13—Kelly, Frank M., waiver on acceptance of the contract for the construction of sanitary sewer in Fremont Avenue and Wartburg Place ........................................ 21 " 17—Krueger, Mrs. Theresia, notice of claim ............................ 24-36 " 17—Key City Gas Company, annual report covering financial operations for the calendar year 1941 ........................ 25 Mar. 2—Kolb, Vincent John, fireman, requesting a leave of absence as he has been inducted in the armed forces of the United States under the Selective Service Act........ 35 " 10—Kuehnle, Louis, suspension of 1941 taxes ........................ 56-75 " 10—Koehler, Sarah, suspension of 1941 taxes ...................... 56-75 April 6—Kintzinger, John J., City Solicitor, bond ......................... 91 May 4—Klauer Manufacturing Company, requesting rezoning of Lots 247 to 258 both inclusive, in Glendale Addi- tion No. 3 from Two Family to Light Industrial classification ..... .................................................... 107-108-111-112-119 " 4—Kemler, J. E., approval of purchase of Lots 31 and 32 Levi's addition from Dubuque County ........................ 110 " 15—Kissell, F., requesting suspension of penalties on un- paid special assessments against Lot 44 of Farley Sub.........................................................................................115-124-125 June 1—Kormann, Norman J., notice of claim ....................................120-142-143 " 30—Knights of Columbus, granted cigarette permit............ 134 " 30—Klauer-Julien Hotel Company, granted cigarette permit 134 " 30—Kruse, Geo. C. and Dorothy Kruse Kiene, granted cig- arettepermit........................................................................ 134 " 30—Keller, Mae and Ruth Keller Motz, granted cigarette per- mit.......................................................................................... 134 " 30—Kramer, Nick and Marie J., granted cigarette permit.. 134 " 30—Kinntzinger, Nick, granted cigarette permit ...................... 134 " 30—Karigan, Andrew, granted two cigarette permits............ 135 " 30—Kretz, E. P., granted cigarette permit ................................ 135 " 30—Kies, Theodore T., granted cigarette permit. ..................... 135 " 30—Koleopulos, Steve, granted cigarette permit ...................... 135 " 30—Kress, Hubert J., granted cigarette permit ........................ 136 " 30—Klauer,Julien Hotel Co., granted Class "B" beer permit 136-137 " 30—Kanavas, George, granted Class "B" beer permit.......... 137-138 " 30—Karigan, Andrew D. and Violet, granted Class "B" beer permit.................................................................................... 137-138 " 30—Kolepulos, Steve, granted Class "B" beer permit.......... 137-138 " 30—Klein, Frank and Anna, granted Class "B" beer permit 137-138 " 30—Kress, Hubert J. and Mary, granted Class "B" beer per- mit......................................................................................... 137-138 July 6—Key City Gas Company, excavation bond .......................... 146 ......21—Kane, Allen C., requesting a leave of absence as he has been inducted into the armed forces of the United States...................................................................................... 150 Aug. 3—Kunz, Mrs. Bernice, granted Class "B" beer permit........ 161.162 11 3—Knights of Columbus, granted Class "B" beer permit.... 162 INDEX—Book 72 1942. SUBJECT Page Sept. S--Klauer Manufacturing Company, requesting the re -zon- ing of Lots 247-258, both inclusive, in Glendale Ad- dition No. 3 and also requesting the vacation of the alley between Wasihngton and Elm Streets from the north line of East Twenty -Sixth Street to the south line of East Twenty -Seventh Sheet .......................... 176.194 " 8—Kolfenbach, Edgar, requesting a refund on an unused buildingpermit................................................................. 178 " 8—Kennedy, Patrick R. and Minnie, granted Class "B" beer permit.............................................................; .......I.............. 183-184 " 25—Kintzinger, Nic Estate, requesting a refund on cigarette permit.................................................................................... 191 Oct. 5—Kress, Hubert J., requesting a refund on both his beer and cigarette permits ................................................ 200 Nov. 2—Kretschmer Insurance Agency, requesting return of the Excavation Bond of Maurice A. Hill ........ ._ _........ 214 Dec. 23—Klein, Fred, notice of claim .... ........ _...... _. ..... ......... 238 INDEX—Book 72 1942 SUBJECT Page L Jan. 5—Lee, James F., claim disallowed ............................................ 5 5—Luxemburg Club, granted cigarette permit ............................ 5 Feb. 2—Lenstra, F. H., requesting refunds on both his cigarette andbeer permits................................................................ 19 " 2—Lee, James F., requesting Council to accept the contract for the construction of the sanitary sewer in Fre- mont Avenue and Wartburg Place .............................. 19 " 13—Loetscher, A. E., waiver on acceptance of contract for the construction of a sanitary sewer in Fremont Avenue and in Wartburg Place .................................... 21 " 17—Lundbeck, Catherine S., suspension of 1941 taxes............ 25.32 Mar. 10—Lynch, William J., fireman, requesting a leave of absence as he has been inducted in the armed forces of the United States under the Selective Service Act........ 56 " 20—Lee, James F., T. A. Polsean and H. L. Fitzgerald, ob- jecting to the adoption of the Budget Appropriation Ordinance in all of its details for the reason that it does not comply with the provisions of the Local BudgetLaw.......................................................................... 60.61 20Leidinger, Mayme, notice of claim ...................................... 73-117 20—Lee, Jas. F. et al, protesting and objecting to the prac- tice prevailing of holding secret, special, formal or informal, regular or irregular meetings behind closed doors of the Manager's office or elsewhere to the exclusion of the public .......................................... 74 " 21—Lagen, Louis J., submitting application for appointment as member of the Civil Service Commission.......... 78-97-98 " 27—Lee, Jas. F. et al, submitting objections in addition and in further support of the objections already filed to the adoption of the proposed Budget Appropriation Ordinance.............................................................................. 79 " 27—Lee, Jas. F. et al, requesting bus service for the conven- ience of Mercy Hospital, St. Anthony's Home for the Aged and the Nurses Home on Peabody Street 82 " 31—Lundin, J. W., informing Council that he would be pleased to serve in the capacity as a member of the Board of Review .................................................... 86 April 21—Landon, Charles T., Park Commissioner, bond ................ 99 " 21—Lee, Jas. F. et al, objecting to the issue or sale of bonds for the improvement of West Third Street and stat- ing reasons for an investigation of the West Third Street paving and again demanding the removal from office of City Manager Rhomberg and City Solicitor Kintzinger............................................................ 100 " 21—Lee, Jas. F. Paving Co., bill in the amount of $98.07 for extra work for construction of sanitary sewer in Fremont Avenue and also bill in the amount of $260.00 to expense of delay in completion of sanitary sewers in Plum Street and in Fremont Avenue........ 100 " 21—Librarian of the Carnegie -Stout Free Public Library, an- nualreport............................................................................ 101 May 4—Lee, Mary L., Ex. and Mary A. Lee, Estate, by Jas. F. Lee, entering complaints to the West Locust Street sewer menace and demanding immediate re- lief from this menace .................................................... 105-120 " 4—Leak, William et al, residents and property owners in the vicinity of Kniest and Elm Streets entering complaints and requesting elimination of the odors and gases coming from the Bee Branch Sewer in the vicinity of Kniest and Elm Streets ...................... 106.145 INDEX—Book 72 1942 SUBJECT Page June 1—Lee. James F. Paving Company, bill in the amount of $287.22 for balance due on Fremont Avenue Sewer 1—Link, Leo and Bernice, granted Class "B" beer permit .. 30—Library Board, certificate of tax levy .... ... ....... _... " 30—Leak, Wm. C., granted cigarette permit .................... .... " 30—Ludwig, M. J., granted cigarette permit ...................... . 30—Loyal Order of Moose, granted cigarette permit ............ " 30—Link, Leo, granted cigarette permit._ __ ... 30—Luber, John, granted cigarette permit... .... ..... _ .... 30—Luxemburg Club of Dubuque, granted cigarette permit July 6—Linehan and Molo, excavation bond .... ......... _.._ 21—Launspach, Carl, requesting vacation of the alley ad- joining Lot 146 and Lot 1 of 1 of 2 of 131 in Finley Addition.............................................. _ ............ 21—Leonard, Frank E., requesting suspension of 1941 taxes Aug. 3—Lee, Jas. F., A. L. Mutschler and T. A. Polsean, object- ing to the adoption of the proposed City Budget as published.... _........................... ............................. 3—League of Iowa Municipalities, submitting statement of annual dues and advising that the annual convention would be held at Cedar Rapids on August 17, 18 and19, 1942 ................................................ ... ........... .... " 3—Luxemburg Club of Dubuque, granted Class "B" beer permit.............................................. .... I_ _ .. _ . . Sept. 8—Leiser, Emil C., granted cigarette permit..._ _ ..... . " 8—Leiser, Emil C., granted Class "B" beer permit.... 8—Loyal Order of Moose, granted Class "B" beer permit 18—Lee, Jas. F., T. A. Polsean and A. L. Mutschler, request- ing the filing with the City Clerk for public record and inspection the amount of public funds expended in the sponsorship of W. P. A. Project for the im- provement of Cox Street, Garfield Avenue and also for the improvement of Sycamore Street, also the original copy of the report of Audit of the Inter- state Power Company and recommendation of the Canavan -Lang Co. pertaining to the rates for electric service, also a proper statement of annual revenue of the Interstate Power Company in order to establish and confirm the facts for the schedule of rates as adopted by ordinance ....................................... " 25—Lenz, E. F., calling attention of City Council to condition of sidewalks in front of 109 and 111 West Thirteenth Street................................................................ Oct. 5—Link, Joseph P., notice of claim and settlement of same Nov. 2—Lewis, U. S., Mayor of East Dubuque, Illinois, requesting that the City of East Dubuque be advised of the re. quirements to be met in order to obtain the service of the Dubuque Fire Department in case of an emergency.......................................................................... 2—Loras College, granted cigarette permit ..................... ..... Dec. 7—LeVan, Archie, excavation bond ............................................ 7—Luber John and Anna, granted Class "B" beer permit.... 119 126 129 134 134 134 135 135 136 146 149-181-194 150-161 157-166 159 162 183 183-184 183-184 187 191 200 214 218-219 235 236 ;�tt� INDEX—Book 72 1942 SUBJECT Page Mc Feb. 13—McGuire, Clem, waiver on acceptance of contract for the construction of a sanitary sewer in Fremont Avenue and in Wartburg Place ...................................... 21 " 13—McDonald, James B., settlement of claim ............................ 23 " 17—McCarten, Ii. B., excavation bond .......................................... 27 May 15—McCarthy, Charles J., Harbor and Market Master, bond 118 June 30—McDonald, Daniel, granted cigarette permit ........................ 134 " 30—McLaughlin, Frank, granted cigarette permit .................... 134 " 30—McCann, Eugene, granted cigarette permit ........................ 135 " 30—McFarlane, Robert, granted cigarette permit ...................... 136 " 30—McDonald, Daniel and Loretta, granted Class "B" beer permit.................................................................................... 136.138 " 30—McLaughlin, Frank, granted Class "B" beer permit...... 136-138 July 6—McCabe, Jay, requesting a refund on his Class "B" beer permit................................................................................... 141 Aug. 15—:McGrath, Andrew et al, requesting that width of Gan- dolfo Street from Dodge Street to St. Joseph Street be fixed at 36 feet instead of 30 feet as proposed........ 170 Sept. 8—McCann, Eugene P., report and recommendation of Chief of Police Strub for revocation of Class "B" beer •permit of Eugene P. McCann ......................................... 182 Oct. 5—McCann, Eugene P., granted Class "B" beer permit.......... 206 Dec. 7—McCarten, H. B., excavation bond .......................................... 235 s INDEX—Book 72 1942 5 i' 1u u,(,,' Page M Jan. 5—Meuser, W. H„ requesting Council to remit the penalty accruing against street improvement assessments on the Easterly 1/2 of Lot 12 of John King's Dubuque 3 " 5—Mettel Reality and Investment Co., City Solicitor Kint- zinger recommendation that their offer of $25.00 to have the records of the special assessments against Lot 13 in McClain's Subdivision released, be accepted................................................................................ 5 Feb. 13—Mulgrew, Russel J., waiver on acceptance of contract for the construction of a sanitary sewer in Fremont Avenue and in Wartburg Place ............................... 21 " 13—Mehlhop, Sadie G., waivers on acceptance of contract for the the construction of a sanitary sewer in Fremont Avenue and in Wartburg Place.. __ ........ ..... 21 " 17—Maizewood Insulation Company, Waiver and Release of Damage to the Illinois Central Railroad Company on the construction of a spur track in Salina Street Into the premises described as Lots 7, 8 and 9, Block 13, of Dubuque Harbor Company's Addition 25 " 17—Marmis, Meyer, Sam Marmis, David Solomon, Waiver and Release of Damage to the Illinois Central Rail- road Company on the construction of a spur track in Salina Street into the premises described as Lots 7, 8 and 9, Block 13, of Dubuque Harbor Company's Addition...................... _ _ I ..................... _ _..._ ... 26 " 17—Mount St. Agnes Novitiate, agreement for fire protection 27 Mar. 2—Martin, Rev. M. J., President of Loras College, request- ing permission for the sponsoring of the sale of "Remember Pearl Harbor" buttons ......... .......1 35 " 2—Mayor and Chief of Police authorized to attend Safety Meeting to be held at Des Moines on March 4, 1942 51 April 6—Marshall, Robert P., City Auditor, bond I .................... 91 " 6—Mihalas, Ellas and Ruby, granted Class "B" beer permit 92-93 " 21—Mayor empowered to take whatever steps he feels nec- essary in the interest of securing war work for Du- buque industries and for the obtaining of new war industries............................................. ........... _... .......... 102-106 May 4—Mitchell, H., notice of claim .. .................. ............... ...... ..... 105-117-120 " 4—Meyer, Martin and Vernon, granted Class "B" beer per- mit............................................... ... _ ._ ............................... 109 " 4—Meyer, N. J., approval of purchase of Lot 41 of Woodlawn Park Addition from Dubuque County . . ................. 110 " 15—Memorial Day Committee, extending invitation to City Council to participate in Memorial Day parade and program................................................................................ 115 June 30—Mulgrew, Thos. J. Co., requesting that Terminal Street be repaired and placed in a passable condition............ 128 " 30—Machinek, Joseph J., granted cigarette permit .................. 133 " 30—Meyer, Paul J., granted cigarette permit ............................ 134 " 30—Moes, Anthony W. and Edith, granted cigarette permit 134 " 30—Miller, George, granted cigarette permit ............................ 134 " 30—Manternach, Gus L., granted cigarette permit ............ 135 " 30—Maas, Wm., granted cigarette permit ................... 135 " 30—Meyers, Kermit and Thomas Lilly, granted cigarette permit................................................................................ 135 " 30—Manders, Edmund N., granted cigarette permit ................ 135 " 30—Mihalakis, Phillip, granted cigarette permit .................... 135 " 30—MacDonald, E. E., granted cigarette permit .......... .... 136 " 30—Moes, Anthony M. and Edith, granted Class "B" beer permit................................................................................... 136-137 " 30—Meyer, Albert M., granted Class "B" beer permit............ 136-137 INDEX—Book 72 1942 SUBJECT Page M " 30—Machinek, Joseph J., granted Class "B" beer permit.... 136-137 " 30—Mengis, Walter and Mathilda, granted Class "B" beer permit.................................................................................... 136-138 " 30—Mayerle, John S. and Florence, granted Class "B" beer permit.................................................................................... 137-138 " 30—Maas, Wm. and Elizabeth, granted Class "B" beer per- mit.......................................................................................... 137-138 Aug. 3—Mihalakis, Phillip and Viola, granted Class "B" beer permit.................................................................................... 161-162 " 3—Miller, Mrs. Florence M., granted Class "B" beer permit 161-162 " 15—Mettel Realty and Investment Company, requesting re- lease of Class "C" Beer Bond of Ray E. and Arelene Duttle.................................................................................... 170 Sept. 8—Murphy Insurance Agency, requesting release of the cigarette bond of Hollywood Grille .............................. 177 " 25—Murray, John, B. D. D. S., submitting application for ap- pointment as a member of Civil Service Commission 190 " 25—Murray, Dr. J. B., appointed as a member of Civil Service Commission for term expiring March 31, 1946.......... 190-191 " 25—Mangeno, Paul, granted cigarette permit .......................... 195 Oct. 5—Martin, J. O., awarded contract for caulking and paint- ing the exterior window and door frames of the City Hall........................................................................................ 202 Nov. 2—Murphy Insurance Agency, requesting release of the excavation bond of D. A. Joles.................................... 214 " 2—Miller, Mrs. Kate A., suspension of 1941 taxes ................ 215-224 " 2—Mayer, Mrs. Fred, suspensin of 1941 taxes ...................... 215-224 " 16—Mileage Administration, City Manager Rhomberg desig- nated as mileage administrator .................................. 230 Dec. 23—Meis, Stanley, granted cigarette permit .............................. 239-240 INDEX—Book 72 1942 S1113.1EC T Page N Jan. 27—Noel, Mrs. Louis C., notice of claim .._ ........._ ............... 9 Mar. 20—Ney, Roy, granted cigarette permit ......... .... .... ............ 76 April 6—Nelson, C. R. and Alice, granted Class "B" beer permit 92.93 " 6—Nickles, Miss Wilma et al, addressed Council relative to the Annual Budget and Tax Levy ............................. 93 June 1—Nesler, Dr. Harry C. et al, requesting permission to con- struct curb and gutter on Eleanore Street ............ 121 " 30—National Refining Company, requesting that Terminal Street be repaired and placed in a passable con- dition.................................... ............. ....... .... ............. .............. 128 " 30—Nardin, George, granted cigarette permit .... . ............... 133 " 30—Nicks, Ray, granted cigarette permit .... ._...................... 134 " 30—Ney, Roy, granted cigarette permit... ... _ ................... 135 " 30—Nelson, Charles R., granted cigarette permit I .......... 135 " 30—Ney, Roy, granted Class "B" beer permit ... . .... ..._. 137-138 Aug. 3—Noel, Mrs. Margaret, notice of claim ... ............ 159-180 Sept. 8—Nardin, George, granted Class "B" beer permit _ .......... 183-184 " 8—North End Choral Club, application for Class "B" beer ............................................ permit _........._ ............... ... 184-196-203 Oct. 5—Ney, Roy, requesting a refund on both his beer and cigar- ette permits ................................... . .. .._ .... ................. 200-201 " 5—North End Choral Club, granted Class "B" beer permit 204 Nov. 2—National Institute of Muncipal Law Officers extending invitation to have City Solicitor attend the National War Conference in New York on December 2, 3 and 4, 1942................................................................................. 213 " 2—Nicks, Ray, granted Class "B" beer permit ......................... 219 " 16—North End Choral Club, granted cigarette permit ........... 228 INDEX—Book 72 1942 SUBJECT Page O Jan. 5—Ordinance No. 1-42. 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 change from "Single Family District" to "Two Family Dis- trict" the area bounded by Muscatine Street, Prim- rose Street, Burlington Street and Sabula Street.... 1-12-13 5 --Ordinance No. 2-42. An Ordinance amending "Ordi- nance No. 23-32" being "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 passengers from one part of the City to another" by changing the rates fixed in Ordinance No. 23-32 ........................................................ 2-13-14 5—Ordinance No. 3-42. An Ordinance providing for the va- cation of Harrison Street beginning 105 feet south of the south line of Dodge Street and extending southerly to the north line of Industrial Subdivision and declaring an emergency ........................................ 4-14.15 5—Ordinance No. 4-42. An Ordinance granting to the Illinois Central Railroad Company, its successors and assigns, right to construct and maintain a side- track from the tracks in Salina Street from a point opposite Lot 11 of Block 13 in Dubuque Harbor Com- pany's Addition thence southeasterly in Salina Street and into the premises described as Lots 9, 8 and 7 of Block 13 Dubuque Harbor Company's Ad- dition, and providing the terms and conditions thereof.................................................................................. 6.7-8-15-16 " 27—Ord1nance No. 5-42. An Ordinance providing for the va- cation of the area between Elm and Pine Streets from Fifteenth to Sixteenth Streets and for the conveyance of said vacated area to B. F. Klauer, J. C. Loosbrock and J. A. Rhomberg .............................. 11-27-28 lg " 27—Ordinance No. 6-42. An Ordinance amending an Ordi- nance entitled "Ordinance No. 99 Changing the Names of Streets, and Avenues within the City of Dubuque" by changing the name of Dodge Street running North and West from where Dodge Street Street intersects with Fremont Street to the name of McKinley Avenue........................................................ 11-12 27—Ordinance No. 7-42. An Ordinance granting to Farley & Loetscher Mfg. Co., its successors and assigns, the right to install four underground storage tanks at the Southwest corner of Ninth and Jackson Streets under the level of Jackson Street and to attach and maintain pipes and equipment in con- nection therewith.............................................................. 12.28-29 27—Ordinance No. 8-42. An Ordinance regulating and licens- ing Junk Dealers and prescribing penalties for vio- lation...................................................................................... 12 Feb. 13—Ohmert, G. H., waiver on acceptance of contract for the construction of a sanitary sewer in Fremont Avenue and in Wartburg Place .................................................... 22 INDEX—Book 72 1942 SIT BJ ECT Page Yr1j 17—Ordinance No. 9-42. An Ordinance iniending 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" by striking from Article VII, Light Industrial District Section 1, Use Regulations, Subdivision "(28) Junk or scrap storage or bailing of paper, rags or metals" and by inserting In Article VII, Section 1, Use Regulations, Subdivi- sion "(9) Junk or scrap storage of paper, rags or metals" ......................................... ....................................... 24-33-34 24—Orvis, John G., payment of special assessments levied against his property at 2120 Grace Street for the paving of both Grace Street and Algona Street.... 31.35 24—Ordinance No. 10-42. An Ordinance amending an Ordi- inance entitled "Ordinance No. 99 changing the names of Streets and Avenues within the City of Dubuque" by changing the name of Dodge Street running North and West from where Dodge Street intersects with Fremont Street to the name of Lombard Avenue .......... ....... ............................... ....... 34.57-58 Mar. 10—Ohmert, G. H., requesting a reduction in the amount of $87.50 from the proposed special assessment to be levied against his property at 380 Wartburg Place for the construction of a sanitary sewer in Fremont Avenue and in Wartburg Place .............................. . 52-53 " 20—Ordinance No. 11-42. 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 "Multiple Residence District" the area contained in City Lot 822 now being delimited as "Two Family Residence District" ............_ . ...................................... 61-82 " 20—Ordinance No. 12-42. An Ordinance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1942 and ending March 31, 1943 ................................................ 73,79-80-81 " 20—Ordinance No. 13-42. An Ordinance to compel rail- road companies to place and maintain Ragmen upon a certain public street at railroad crossings, provid- ing regulations therefor and repealing ordinances in conflict herewith .................... ......._............... .......... 74-75-83 27—Ordinance No. 14-42. 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 "Light Industrial District" the area bound- ed on the southerly side by the center line of Dodge Street, on the northerly side by the south property line of City Lot No. 586, on the easterly side by the center line of the alley first east of Bluff Street and on the westerly side by the cetner line of Bluff Street..................................................................................... 83-91.92 " 27—Ordinance regulating and licensing Junk Dealers re- ferred to the City Council for further consideration 84 April 6—O'Leary, Daniel J., Plumbing Inspector, bond .................... 91 INDEX—Book 72 19942 SUBJECT Page O 21—Ordinance No. 15-42. 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 change from "Single Family Residence District" to a "Two Family Residence District" the area adjoining and abutting Mt. Pleasant Street between Loras Boule- vard and University Avenue......................................98-99-106-107 May 6—Ordinance No. 16-42. An Ordinance amending Ordi- nance No. 12-1938, "Authorizing Interstate Power Company, its successors and assigns to substitute motor bus transportation for street railway trans- portation, designating motor bus routes" by chang- ing certain defined bus routes and by repealing any and all Ordinances or parts thereof in conflict here- with........................................................................................113-115.116 June 1—Ordinance No. 17-42. An Ordinance amending and chang- ing the Zoning Map of the City of Dubuque as pro- vided by Oridnance No. 3-34 designated "Zoning Ordinance of the City of Dubuque" so as to change from a "Two Family Residence District" to "Light Industrial District" the area embraced within Lots 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258 in Glendale Addition No. 3 .................................... 119 " 1—Ordinance No. 18-42. An Ordinance amending "Ordi- nance No. 10-40" being "An Ordinance Regulating the Use of Bicycles Within the City of Dubuque, Iowa, providing for the registration thereof, and providing for a penalty for violation hereof" by re- quiring annual registration, and by repealing any and all Ordinances or parts thereof in conflict here- with..................................................................................123-124-130-131 30—Olansky, M. B., granted cigarette permit .......................... 135 30—Ott, Joseph J. Jr., granted cigarette permit ...................... 135 30—O'Regan, Timothy, granted cigarette permit ...................... 136 30—O'Regan, Timothy and Louise, granted Class "B" beer permit.................................................................................... 136-138 July 6—Ordinance No. 19-42. An Ordinance amending Ordi- nance No. 10-37 being "An Ordinance regulating the use of vehicles upon the streets of the City of Du- buque; designating the provisions hereof as the 'Traffic Code' of said City"; by making certain streets stop intersections and by making certain oth- er streets boulevards ..................................................146 -147-152-153 21—Ordinance No. 20-42. An Ordinance granting to the Du- buque Seed Company, its successors and assigns, the right to construct and maintain an additidnal 15 feet to the loading platform in the back of 169-171 Iowa Street and prescribing the conditions of such per- mission..................................................................................153-160.161 Aug. 7—Ordinance No. 21-42. An Ordinance regulating and pro- hibiting the operation of roller skating rinks in certain places in the City of Dubuque, describing roller skating rinks, providing for revocation of license for a penalty for the violation hereof and repealing any and all ordinances or parts thereof in conflict herewith ............... ........................................ 163.168-169-170 Sept. 8—Ordinance No. 22-42. An Ordinance establishing a grade on Lombard Avenue from Algona Street to Fremont Avenue.................................................................................. 180-192 INDEX—Book 72 1942 SUBJECT Page O " 25—Ordinance No. 23-42. An Ordinance granting to Eagles Building Association, its successors and assigns, the right to construct and maintain a loading platform in the alley between Main and Locust Streets be- tween Fifth and Sixth Streets adjacent to its build- ing ...................... .. ..................... ... _ . __......... _ 192-193-201-202 Oct. 13—Option transfering title of the old Standard Lumber Company property, with reservations, to the Federal Government for the establishing of a synthetic rubber manufacturing plant ._............................ 211-212 Nov. 4—Ordinance No. 24-42. An Ordinance relating to sidewalk and/or street displays of meat and/or food pro- ducts, repealing all Ordinances in conflict here- with, and providing a penalty for the violation of the provisions hereof ................ ........... _...... .......... _ 223-234 Dec. 7—Ordinance granting authority to the Illinois Central Railroad Company to construct, maintain and oper- ate certain track and sidings upon the public grounds and streets of the City of Dubuque.. 231 " 23—Option contract, granting Schenley Distrilleries Inc. of Cincinnati, Ohio, an option to purchase approxi- mately ten acres of land adjacent to the Interstate Power Company steam plant for purpose of con- structing an alcohol plant thereon to aid in the war effort, said plant to be approved by the W.P.B. 237 " 23—O'Connor, Joseph J., notice of claim ..... .... _ .. 233 INDEX—Book 72 1942 SUBJECT Page P Jan. 5—Proclamation designating Tuesday, January 20, 1942, as Red Cross Day ......................................................... 1 " 5—Planning and Zoning Commission, submitting report on petition of Harold E. Molo, et al, requesting adoption of an ordinance regulating the establishment, con- duct and location of junk yards and specifically ob- jecting to the new Marmis and Solomon junk yard on Salina Street and recommending steps to regulate thesame................................................................................ 3 " 5—Planning and Zoning Commission, submitting recom- mendation for the denial of the petition of Joseph C. Camm, et al, requesting the rezoning of the area bounded on the east by the center line of Irving and Avoca Streets, on the north by the center line of Decorah and Cherry Streets, on the west by the east line of the local business district at Asbury Street and University Avenue, and on the south by the north line of local business district on University Avenue between Asbury and Irving Streets ............... 4 " 5—Planning and Zoning Commission, submitting recom- mendation for the granting of the petition of Swift and Company requesting the vacation of all of that part of Harrison Street beginning 105 feet south of the south line of Dodge Street and extending southerly to the north line of Industrial Subdivision 4 " 27—Payrolls for December, 1941 .................................................... 10 Feb. 17—Payrolls foi• January, 1942 ...................................................... 26 " 24—Planning and Zoning Commission, submitting recom- inendation on petition of K. W. Elliott requesting extension of the present Multitple Residence Dis- trict on Prairie Street near Eleventh southward to include all of City Lot 822 .......................................... 32-37 Mar. 10—Payrolls for February, 1942 .................................................... 57 " 27—Planning and Zoning Commission, submitting recom- mendation for granting of the petition of Roy Bram- mer et al, requesting the rezoning of Mt. Pleasant Street between Loras Boulevard and University Avenue to Two Family Classification ............................ 84-87 April 21—Payrolls for March, 1942.......................................................... 101 May 4—Pleimling, George et al, requesting the removal of the old lumber from the lot adjoining the rear of 710 Merz Street...................................................................................... 106.124 " 4—Planning and Zoning Commission, submitting recom- mendation on the petition of Klauer Manufacturing Company, requesting rezoning of Lots 247 to 258, both inclusive in Glendale Addition No. 3 ....................107-108.111 " 15—Payrolls for month of April, 1942 ........................................ 117 " 15—Planning and Zoning Commission, submitting recom- mendations for the necessary ordinance regulating Tourist and Trailer Camps .............................................. 118 June 30—Police Pension Board, certificate of tax levy .................... 130 " 30—Police Retirement Board, certificate of tax levy ............ 130 " 30—Payrolls for month of May, 1942 ..................................... 132 " 30—Peryon, Albert G., granted cigarette permit .................. 134 " 30—Page Hotel Company, granted cigarette permit............ 134 30—Petrakis, Peter, granted cigarette permit ........................ 134 " 30—Petrakis, Charles, granted cigarette permit ...................... 135 " 30—Poquette, Millard, granted two cigarette permits.......... 135 " 30—Potterveld, William F. and F. C., granted cigarette per mit......................................................................................... 135 " 30—Pochter, Charles, granted cigarette permit _................... 135 INDEX—Book 72 1942 SUBJECT Page P " 30—Pins, Arthur, granted cigarette permit... ........... ................ 135 " 30—Pauley, Vernon, granted Class "B" beer permit............ 136-137 " 30—Peed, Thomas R. and Kathryn, granted Class "B" beer permit................................................................................. 136-135 " 30—Poquette, Millard and Lucille, granted Class "B" beer permit.................................................................................... 137.138 " 30—Pochter, Charles and Ruth, granted Class "B" beer per. mit ........................... _... .. 137.138 " 30—Pins, Arthur W., granted Class "C" beer permit 137-138 July 6—Porter, C. Fred, State Comptroller. approval of Resolu- tion and Application for authority to levy an emer- gency tax of five-eighths mill ............................................ 142 " 21—Porter, C. Fred, State Comptroller, approval of Resolu- tion and Application for authority to transfer the sum of $24,022.23 from the Fire Department Main- tenance Fund to the Bonded Debt Fund_ ..................... 152 " 21—Payrolls for month of June, 1942 ............... _. .__ _ 153 " 21—Primary Road Extension Improvement from West end of new bridge approach westerly on Dodge Street 286.3 feet ............................. __................. .... ............... ..... 163-154 " 21—Petrakis, Peter, granted cigarette permit ......... ............ _ _. 154 Aug. 15—Pauley, Mrs. Ella, requesting Council to make an in- spection of the alley in the rear of 2829 Burden Avenue......................................................................... 170-182 " 15—Payrolls for month of July, 1942 .... ...... . _ _ ................ 172 Sept. 8—Profile No. 1304, proposed grade of Lombard Avenue from Algona Street to Fremont Avenue .... .............. 180 " 8—Pfiffner, Robert L., Clerk of City Water Department, bond............................. _ _ _ _. _ .. ..... _ 180 " 25—Pinski, George F., excavation bond .......... _ .. 194 " 25—Payrolls for month of August, 1942... ..... ...._ _.... _. 194 " 25—Planning and Zoning Commission recommending denial of the petition of Carl Launspach ... .. _ ......... 194 " 25—Planning and Zoning Commission, submitting recom- mendation on petition of Klauer Manufacturing Com- pany asking vacation of the alley between Washing- ton and Elm Streets from Twenty -Sixth Street to Twenty -Seventh Street ...................................................... 194 " 25—Parker, Harry, approval of sale of Lot 22 of Yates Subdivision by Dubuque County .................................. 196 Nov. 2—Payrolls for month of September, 1942 ................................ 217 " 2—Planning and Zoning Commission, recommending that the petition of William Blades Estate, et al, be denied.................................................................................... 217 " 2—Planning and Zoning Commission, advising Council of the fact that the matter of the development and improvement of the Allison-Ilenderson Playground also the matter of the Subdivision Ordinance and also the matter of the Tourist and Trailer Camp Ordinance remains unacted upon ........................ 217-218 " 16—Payrolls for month of October, 1942 ............... 227-228 Dec. 7—Porter, ... C. Fred, State Comptroller, approval of Resolu- tion and Application for authority to transfer the sum of $16,963.36 from the Emergency Fetid to the Grading Fund and the sum of $18,443.36 from the Emergency Fund to the Improvement Fund ............ 232-233 " 7—Porter, C. Fred, State Comptroller, approval of Resolu- tion and Application for authority to transfer the sum of $20,000.00 from the Water Works General Fund to the Improvement Fund. __._ 233 " 23—Payrolls __....__. for month of November, 1942... ._ ... . _. 239 >, INDEX—Book 72 1942 SUBJECT Page Q June 30—Quinlan, Robert J. and Evelyn, granted cigarette per- mit.......................................................................................... 134 " 30—Quinlan, Robert J. and Evelyn, granted Class "B" beer permit.................................................................................... 136-138 Sept. 25—Quinn, Major Francis P., submitting resignation as a member of the Civil Service Commission .................. 190-191 INDEX.—Book 72 1942 SUBJECT Page R Jan. 5—Red Cross Day, proclamation, designating Tuesday, Jan- uary 20, 1942, as Red Cross Day........ _ _....... I.... 1-25 " 27—Radloff, Minnie, notice of claim ........ ............... ............. 9-86 Feb. 17—Receipts for month of December. 1941, proof of publica- tion............................. ........... ......... _ .... .............. _._... ...... 27 " 24—Registration Clerks appointed to assist in the registra- tion of voters at the Central Registration Office... 32 " 24—Registration Clerks appointed for each precinct who shall have charge of the election register....._ ............. 32.33 Mar. 2—Receipts for month of January. 1942, proof of publication 35 " 10—Rhoades, C. E., requesting that the storm sewer con- structed on his lot at the corner of Alta Vista Street and Carlotta Street be removed and tied into the present storm sewer in Carlotta Street and if not removed then the storm sewer in his lot should be repaired and manhole leveled with the grade of thelot ........................... ......... _ .... _ _ .. 52 " 20—Rhomberg, A. A., J. A. Kerper and F. E. Bissell, commit- tee, submitting report in the matter of the suggested temporary use by the Swift and Company of their existing building until such time as they may be In position to erect a new building _ _... 75 " 31—Reuschel, A. K. et al, requesting the installation of a street light in the immediate neighborhood of 1900 Hale Street ... _.__ . ... .. _. 86-108 " 31—Receipts for month of February. 1942, proof of publica- tion... ....................... .... ........ _ _...._ 86 April G—Rogers, H. N., relative to the sale of $8.0oioio Special Assessment Bonds for the paving of West Third Street .... .............. ..... _ _. 90-93-94.95 " 6—Rhomberg, Albin A., City Manager, bond ... ......... ........... 91 " 6—Rossiter, Paul, Building Commissioner, bond . . 91 " 21—Reeg, J. A. et al, requesting that Jake Lange be asked to refrain from planting corn on the lot located at the corner of Broadway and Monroe Street .. .... ... 99 " 21—Recreational Director submitting recommendation on the allotment of the various fields for soft ball games 101 May 4—Roepsch, George J., suspension of 1941 taxes. 106.112 4—Recreational ...... Director, recommending charges to be made for rental of Athletic Field where admission ischarged ..._........................................ ................. 107 " 4—Reis, " Frank and Kathryn, granted Class "B" beer permit 109 6—Receipts for month of March, 1942, proof of publication 113 June 1—Rankin, John M., Attorney General of Iowa, extending invitation to have Chief of Police attend Peace Offi- cers Short Course at Iowa City......... 121 " 1—Receipts " ._. .................. for month of April, 1942, proof of publication 123 30—Receipts " for month of May, 1942, proof of publication...... 131 30—Ruegnitz, B. A., granted cigarette permit... 134 " 30—Roshek " ............. ...... .... Bros. Company, granted cigarette permit.__...... 134 30—Ragatz, " George Jr., granted cigarette permit 134 30—Reis, .................. Frank, granted cigarette permit 135 " 30—Rawson, ................................ H. A. and Grace, granted Class "B" beer per. „ 30—Roshek mit...................................................... ................................ Bros. Company, granted Class "C" beer permit 137.138 137-138 Aug. 3—Roller skating rinks, regulating and prohibiting the same .. .. . .. .... .. . ......................167.163-168-1693—Receipts for.month.of June,.194.2., proof of publication...... 160 3—Rettenmaier, John J. and Marie, granted Class "B" beer permit......................................................................... 161-162 INDEX—Book 72 1942 SUBJECT Page R Sept. 8—Rossiter, Paul, requesting a leave of absence as he has enlisted in the Naval Reserves of the United States...................................................................................... 178 " 8—Receipts for month of July, 1942, proof of publication.... 178 " 8—Radio Cab Company, taxi -cab bond ...................................... 180 " 25—Rice, Alfred W., City Editor of the La Crosse Tribune, asking that the City designate some reliable person to serve in the capacity of sounding warnings to hunters and others in the bottomlands of the Missis- sippi River when drastic changes in weather condi- tions are to occur.......................................................... 190-202 " 25—Ryan, Wm. L., Chief of Fire Department, requesting that when the Capitol Oil Company makes application for the erecting of a gasoline tank that the permit be issued subject to foam installation equipment and also recommended that the City Council require rail- roads operating on Railroad Avenue between Main Street and the River Front to place necessary filling between tracks to permit the passage of fire engines over said Railroad Avenue from Main Street east.... 193 Oct. 5—Rigler, Mabel E. et al, requesting investigation of the condition of the lighting of the stairs leading from Montrose Terrace to Fairview Place at West Fif- teenthStreet........................................................................ 201 " 5—Rigler, Mabel E. et al, requesting removal of old barn at the juncture of West Fifteenth Street, Fairview and the steps leading up from Montrose Terrace........ 201 " 5—Receipts for month of August, 1942, proof of publication 201 " 5—Registration Clerks appointed for each precinct who shall have charge of the election register .................... 206.207 Nov. 2—Rowe, Eldon M., Meter Service Man in the Water De- partment, requesting a leave of absence as he has been inducted into the armed forces of the United States under the Selective Service Act ...................... 215 " 2—Receipts for month of September, 1942, proof of publi- cation...................................................................................... 215 " 16—Retail Merchants' Bureau, requesting permission to erect Christmas decorations at the intersections on Main Street and on Eighth Avenue and also requesting the City of Dubuque to assume the cost of current for the lighting of same ................................................ 227-231 ' Dec. 7—Receipts for month of October, 1942, proof of publication 234 " 23—Receipts for month of November, 1942, proof of publi- 'k� cation...................................................................................... 239 INDEX --Book 72 1942 SUBJECT Page S Jan. 5—St. Joseph's Mercy Hospital Campaign Committee, re- questing permission to hang a banner across Main Street..... ........ ............._..,. _........... 2 " 5—Swift and Company, City Solicitor Kintzinger recom- mendation that their offer to pay the special assess- ments for the improvement of Dodge Street against City Lots 549, 549A and 550, he accepted.... .. 5 " 27—Shekleton, Vern, Business Representative of Dubuque Building Trades Council, submitting an agreement providing that union labor be employed on all future street or sewer work .......... ... _ __... ............... 9 Feb. 2—Sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub. and southerly to Wart- burg Place, and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139 ....................1.... ..... _ .. 19-21-22-52-53-54-55-56.57-116 " 17—Seippel, Peter J. Lumber Co., Waiver and Release of Damage to the Illinois Central Railroad Company on the construction of a spur track in Salina Street into the premises described as Lots 7, 8 and 9, Block 13 of Dubuque Harbor Company's Addition ... .... .... 26 " 17—St. Joseph's Sanitarium, agreement for fire protection .. 27 " 17—St. Francis Home for the Aged, agreement for fire pro- tection.......... ..... ..... ..._ . _ _._ ...... _ _ ......... ._....... 27 " 17—Sisters of St. Francis Convent, agreement for fire pro- tection...................... ... .............. . _ . _ _ _ ... _ .........1. 27 " 17—St. Mary's Orphan Home, agreement for fire protection 27 " 17—Savary, Mrs. Frances, granted Class "C" beer permit.... 30 Mar. 2—Safety Meeting to be held at Des Moines on March 4, 1942, Mayor and Chief of Police authorized to attend 51 " 10—Swift and Company, request for permission to use the Seippel Lumber Company building on South Locust Street in order to carry on their operations until such time as they will be able to erect a new building ................ _. _ _ ... .... ..................... 53-75-84 " 10—Schaetzle, John, submitting application for reappoint- ment as a member of the Civil Service Commission 56-97-98 " 10—Smith, Margaret, suspension of 1941 taxes... ... .... _._ 56-75 " 10—Schaffert, Bridget, suspension of 1941 taxes.._ _.. 57-75 " 20—Stabenow, Augusta et al, heirs-at-law of John and Mar. garetha Berwanger, submitting an offer in the amount of $25.00 for the cancellation and release of assessments against Lot 1 of I.ot 2 of Lot 2 of Lot 2 of Sub. of Lot 2, 3, 4 and Lot 1 of 5 of Sub. of Min. Lot 307A .......... .__ _.__. ........................................... . 74-125.143 " 20—Stoffregen, Louis, reappointed as a member of Board of Zoning Adjustment, term expiring March 5, 1947..... 75 " 31—Savary, William, granted cigarette permit_.. .. _I ... I ... 86 " 31—Solomon, Jack, granted cigarette permit ... _................... 86 April 6—Shea, J. J., City Clerk, bond ......................................... 91 " 8—Strueber, Edwin F., appointment to Civil Service Com- mission............................................................................... 97.98 " 21—Schroeder, Leanore, notice of claim .......................... 99-108 " 21—Shiloh Circle No. 37, Ladies of the Grand Army of the Republic, requesting permission for the holding of atag day ........ ....... . . ......... ..... _.. ............ . .. 99 " 21—Stratton, William, Policeman, appointed to serve on the Board of Police Retirement System .......... . .......... 100 " 21—Schroeder, _ Rev. K. G., appointed as a member of the Board of Trustees of the Public Library . _... .... 102 INDEX—Book 72 1942 SUBJECT Page S " 21—Sharon, Larry F., relative to appointment as a member of the Board of Trustees of the Public Library........ 102 May 4—Schuster, Leonard, granted cigarette permit ...................... 108 " 4—Schwietering, Jacob, granted Class "C" beer permit........ 109 " 6—Smith, Margaret, suspension of 1941 taxes ........................ 112.117 June 1—St. Joseph Street, residents and property owners, re- questing improving of said street ................................ 119-145 " 1—Scherbring, Margaret K., granted Class "B" beer permit 126 " 30—Scheufele, Carl, requesting that Esther Street be re- paired......................................................................................128-144-145 " 30—Savary, William and Viola, granted cigarette permit...... 134 " 30—Sullivan, Thos. P., granted cigarette permit ........................ 134 " 30—Scherer, George J., granted cigarette permit .................... 134 " 30—Stemm, John J., granted cigarette permit .......................... 134 " 30—Steffen, Nicholas, granted cigarette permit ...................... 134 " 30—Sand, Mike and Marie, granted cigarette permit............ 134 " 30—Stampfer Company, J. F., granted cigarette permit........ 134 " 30—Stavros, George, granted cigarette permit ........................ 134 " 30—Siege, Joseph J. Jr. and Ferdinand W. Kenniker, grant- ed cigarette permit............................................................ 135 " 30—Schneider, Joseph C., granted cigarette permit .................. 135 " 30—Stoltz, Raymond J. and George J. Zillig, granted cigar- ettepermit............................................................................ 135 " 30—Schuster, Leonard, granted cigarette permit ...................... 135 " 30—Snyder, Charles T., granted cigarette permit .................... 135 " 30—Spielman, J. L., granted cigarette permit ........................ 135 " 30—Schaetzle, John, granted cigarette permit. ....................... 136 " 30—Solomon, Jack, granted cigarette permit ............................ 136 " 30—Savary, William and Viola, granted Class "B" beer permit.................................................................................... 136-137 " 30—Scherer, George J. and Emma, granted Class "B" beer permit.................................................................................... 136-138 " 30—Stieber, John and Elsie, granted Class "B" beer per- mit.......................................................................................... 136-138 " 30—Sand, Mike and Marie, granted Class "B" beer permit.... 136-138 " 30—Stemm, John and Alberta, granted Class "B" beer permit 136-138 " 30—Steffen, Nicholas and Beatrice, granted Class "B" beer permit.................................................................................... 136-138 " 30—Schnee, Michael B. and Sophie, granted Class "B" beer permit.................................................................................... 137-138 " 30—Stoltz, Raymond J. and George J. Zillig, granted Class .,B„ beer permit................................................................ 137-138 " 30—Spielman, Harvey L., granted Class "B" beer permit...... 137-138 " 30—Snyder Charles T. and Elsie, granted Class "B" beer permit............................................................................................ 137-138 " 30—Sand, Frank and Elsie, granted Class "B" beer permit.... 137-138 July 6—Stolteben, A. J., requesting Council to view the condition of the alley first south of Dodge Street and running east from South Grandview Avenue............................141-181-182 " 21—Suchon, A. W., notice of claim .............................................. 149-164 " 21—St. Paul's Mission House, Epworth, Iowa, requesting permission to hang a banner across Main Street.... 150 Aug. 15—St. John the Baptist Church, Peosta, Iowa, requesting permission to hang a banner across Main Street.... 170 " 15—Schwartz, Vincent B., granted Class "C" beer permit.... 172.173 Sept. 8—Sidewalks to construct abutting the West 170 feet of Lots 300 and 317 Davis Farm Addition and Lot 331 Woodlawn Park Addition ........................................ 182-199 " 25—Senior High School requesting permission to hang a banner across Main Street .............................................. 191 INDEX—Book 72 1942 SUBJECT lege S " 25—Stoffregen, Louis, re -appointed as a member of the Planning and 'Zoning Commission for the term ex. piring May 24. 1947 .............. _. _ __ ........... 194 " 25—Schiltz, J. Harry, appointed as a member of the Planning and Zoning Commission for the term expiring May 24, 1947 .................. ...... .............. ... _.... I ... I._... ....... ._ .. ... 194 Oct. 5—Schuster, L., requesting a refund on cigarette permit_. 200 " 5—Shea, J. J., City Clerk, appointed Acting City Manager during the absence of City Manager A. A. Rhomberg from the City .... .__ _ .. ... __ .... _ 207 Nov. 2—Strader, Mrs. Harold E., notice of claim _ _ 213.223-224 " 2—Scherbring, Margaret R. requesting a refund on her beer license ......... ._ _ . .. _........ . ... .............. 214 " 4—Swift and Company, requesting the omission of the side- walk along the new street adjacent to their plant as called for in the plans for the construction of the new high bridge ........................ . . _ .... 221 " 4—Supplemental Estimate for levies of taxes for the year 1942 for the Airport Fund ... _ . .. ........ ... 222-226 Dec. 23—Schenley Distilleries, Inc. of Cincinnati, Ohio, given Option Contract to purchase approximately ten acres of land adjacent to the Interstate Power Company steam plant for the construction of an alcohol plant............................... ..... _ .............. ............. 237 INDEX --Book 72 1942 SUBJECT Page Feb. 13—The Archdiocese of Dubuque, per D. V. Foley, Sec'y., waiver on acceptance of contract for the construc- tion of a sanitary sewer in Fremont Avenue and in Wartburg Place.................................................................... 21 } Mar. 2—Trimpler, W. F. and Jerry, granted Class "B" beer permit 37-38 April 6—Telegraph-Herald appointed as official newspaper........ 90 " 6—The News Publishing Company, requesting appointment to print in pamphlet form, the Council proceedings 91 " 6—Tschirgi, Edward M., accountant, Water Department bond........................................................................................ 91 " 6—Trenk, Miss and members of Public Affairs Committee of Y. W. C. A., addressed Council relative to Annual Budget and the Tax Levy ................................................ 93 " 21—Telegraph-Herald appointed to print the Council Pro- ceedings in pamphlet form .......................................... 102 May 4—Thompson and Hogan (F. W. Thompson), granted Class „C" beer permit.................................................................... 109 June 30—Trustee's Deed and Abstract of Title of American Trust and Savings Bank, conveying Mineral Lots 301, 301A and 302 to the City of Dubuque ........................................ 128 " 30—Thompson and Hogan, 55 Locust Street, granted cigar- ette permit ............................................................................ 133 " 30—The Great Atlantic and Pacific Tea Co. granted cigarette f permit.................................................................................... 134 " 30—The Dubuque Club, granted cigarette permit ...................... 134 r., t 30—Tharp, Wm. C., granted cigarette permit .......................... 134 " 30—Trapp, Arthur J., granted cigarette permit ...................... 135 : 30—Triangle Cafe, granted cigarette permit ........................... 135 " 30—The Service Club, granted cigarette permit .................. 135 " 30—The American Legion, granted Class "B" beer permit 136-138 " 30—The Dubuque Club, granted Class "B" beer permit.......... 136-138 " 30—The Service Club, granted Class "B" beer permit........ 137-138 Aug. 3—The Volunteers of America, requesting permission for the holding of a tag day ................................................ 159 " 3—Tharp, Wm., granted Class "B" beer permit ...................... 161-162 " 15—The International City Managers' Association, extend- ing invitation to attend the Annual Conference of The International City Managers' Association to be held October 11-15, inclusive ........................................ 170 i* 15—The Service Club, revocation of their Class "B" beer permit................................................................................... 171-172 Sept. 8—Hohmann, G. W., requesting release of the beer and cigarette bonds of The Service Club ......................... 177 wY! 8—Tenenbom Super -Market Inc., granted Class "C" beer permit.................................................................................... 183-184 " 25—The Service Club, requesting a refund on their cigarette permit.................................................................................... 191 25—The Great Atlantic and Pacific Tea Co., granted cigar- ettepermit............................................................................ 195 Oct. 5—Trenkle, Wm., appointed as the individual who will re- ceive warnings of approaching storms ........................ 202 Nov. 2—Thul, Della C., cancellation of 1941 taxes ............................ 215-224 " 2—The Victory Club, application for Class "B" beer permit for Private Club................................................................219-225-228 Dec. 7—Trausch, Mrs. Susan et al, requesting the installation of a street light at the intersection of Seminary and UngsStreets........................................................................ 231 " 7—The Page Hotel, granted Class "B" beer permit.......... 236 " 22—Tinkham, Arch, approving the sale of the North 1/2 of Lot 10 of Marsh's Addition by Dubuque County to said Arch Tinkham........................................................... 240 INDEX—Book 72 1942 SUBJECT Page U June 1—Uppinghouse, A. R. and Philomena, granted Class "B" beer permit .......... _ . _ .......... .. _.. _.. .._- 126 " 30—United Cigar-Whelen Stores Corporation, granted cigar- ette permit . ...... .... . .... _... 134 " 30—Union League Club. granted cid irette permit .. __ _........• 135 " 30—Uppinghouse, A. B., granted cigarette permit.._ .._ ...... 135 Oct. 5—Union League Club, granted Class "B" beer permit ..... 205 Nov. 16—United States Fidelity and Guaranty Company, request- ing cancellation of the beer bond of Spiros D. Coven and George T. Vrotsos 22; INDEX—Book 72 1942 SUBJECT Page V Jan. 27—Veterans of Foreign Wars, requesting permission for the holding of their Annual Buddy Poppy Sale on Satur- day, May 16, 1942............................................................ 10 Mar. 10—Voting places selected for March 30, 1942, election........ 59 May 4—Vrotsos, George T. and Spiros D. Coven, granted Class "B„ beer permit.................................................................. 109 " 6—Vrotsos, George T. and Spiros D. Coven, granted cigar- ettepermit............................................................................ 113 " 6—Van Duelman, Carl, granted Class "C" beer permit...... 113-114 June 30—Van Duelman, Carl A., granted cigarette permit .............. 134 " 30—Veterans of Foreign Wars Club, granted cigarette permit 134 " 30—Van der Meulen, Wm. and Sophie McMann, granted cig- arettepermit...................................................................... 135 " 30—Vrotsos, George T. and Spiros D. Coven, granted cigar- ettepermit............................................................................ 136 " 30—Veterans of Foreign Wars Inc., granted Class "B" beer permit.................................................................................... 136-138 " 30—Vogelsberg, Albert J., granted Class "B" beer permit...... 136-138 " 30—Van der Meulen, Wm. and Sophie McMann, granted Class "B" beer permit .................................................... 137-138 July 6—Van Duelman, Councilman, appointed Mayor Pro -Tem ofthe meeting.................................................................... 141 Oct. 5—Voting places selected for the General Election of No- vember 3, 1942................................................................. 207 Nov. 2—Veterans of Foreign Wars, urging the purchase of a suitable location and construction of a modern air- port.......................................................................................... 214-215 Via. N DEX — Book 72 1942 S II BJ Nx,r Page W Jan. 5—Walker, Jack, granted cigarette permit ............................. 5 " 5—Walker, Jack, granted Class "B' beer permit ... ............ 6 " 27—Whitney, Ira G. et al, requesting the installation of a stop and go light at Twelfth and Central Avenue.. 10 " 27—Waiver and Release of Damage by City of Dubuque to the Illinois Central Railroad Company on the con- struction of a spur track in Salina Street into the premises described at Lots 7. 8 and 9 in Block 13, Dubuque Harbor Company's Addition ............................ 16-17 Feb. 13—Wartburg Theological Seminary, by J. Bodensieck, Pres., waiver on acceptance of contract for the construc- tion of sanitary sewer in Fremont Avenue and in Wartburg Place ............ _ _ . _ 21 Mar. 2—Wright, Roy A. and Esther, granted Class "B" beer per- ................. ...... . .. . 37.38 " 10—Weber, Vincent George. Fireman, requesting a leave of absence as he has enlisted in the Naval Reserves of the United States .... .... ... _ ... 56 " 20—Walter, Joseph, requesting vacation of Carroll Street..... 74 " 27—Weimer, John H., submitting application for reappoint- ment as a member of Local Board of Review for the year 1942 .._ _ __. ......... ........................ 82 " 27—Weidenbacher, W. L.. I'hysical hirector, Young Men's Christian Association, requesting permission to use the various playing fields for their softball leagues _ 82-101 " 31—Winkler, Mrs. Beatrice, granted cigarette permit... .. 86 " 31—War Relief Council, .liayor authorized and ordered to create said Council .......... ...... ........ _... . ....................... 87 April G—Wharton, Councilman, elected Mayor for the ensuing year............ _ ._ _.. _. 89 " 6—Weimer, John H., appointed member of Board of Review 89 " 6—West Third Street, sale of $8,000.00 Special Assessment Bonds for the paving of said street .. .90-93-94.95-96-107 " G—Wilbricht, Lester E., requesting the installation of a street light at Foye Street and Merchants Lane.... 91 " 6—Walsh, Joseph and Helen, granted Class "B" beer per- mit................ .... ...-- . _ _... _ _ _ . 92-93 " 6—Wieser, Lester A. and Adele B., granted Class "B" beer permit.............................. .............. _ _..... 92.93 May 4—Warren, Dell and Ralph, granted Class "B" beer permit 109 " 15—Wilbricht, Lester E., submitting offer in the amount of $15.00 for the purchase of the South 30 feet of Lot 12 of J. P. Porter's Addition ... .._ .- . _ __............. 115 " 15—Walker, Jack, requesting a refund on his Class "B" beer permit....................................... .... ....... .......... ................... 115 June 1 --Walsh, L. A., requesting Council to take proper action in the adoption of a resolution directing the Mayor and City Clerk to execute and deliver correction deed conveying Lot 1 of the Subdivision of Lot 7 in Smyth's Subdivision ....... I...I ..................... I ..... I............ 121.122 " 1—Walker, Mona, requesting Council to execute a quit claim deed to Sherman T. and Catherine Mayne convey- ing the south half of vacated alley immediately north of and adjoining the northerly 32 feet of the wester- ly 45 feet of Lot 47 in Julia L. Langworthy's Add 122.123 " 30—Walker, Mona, requesting Council to authorize the execu- tion of a Quit Claim Deed to Sherman T. and Cath- erine Mayne covering the south half of the vacated alley abutting Lot 2 of the Subdivision of Lots 45 and 46 in Julia L. Langworthy's Addition _ _.... I.......... 128-129 INDEX—Book 72 1942 SUBJECT 11age W " 30—Weimer, John I-1., warrant in the amount of $200.00 ordered drawn in his favor for services rendered as a member of Board of Review .................................. 133 " 30—Weiner, Joseph J. and Evelyn, granted cigarette permit 134 " 30—Wagner, Wm., granted cigarette permit .............................. 134 " 30—Weber Frank J., granted cigarette permit .......................... 134 " 30—Walgreen Company, granted cigarette permit ................ 134 " 30—Weiser, Lester, granted cigarette permit .......................... 134 " 30—Wodrich, Wm. E., granted cigarette permit ..................... 134 " 30—Weber, Mrs. Cecilia, granted cigarette permit ............... 134 " 30—Winkler, Mrs. Beatrice, granted cigarette permit............ 135 " 30—Wright, Roy, granted cigarette permit ................................ 135 " 30—Warren, Dell and Ralph, granted cigarette permit........ 135 " 30—Weber, Frank J. and Tillie, granted Class "B" beer permit.................................................................................... 136-137 " 30—Wright, Louis A. and Raymond P., granted Class "B" beerpermit ... ..... ............................... ...................... ... 136-138 " 30—Wodrich, William E. and Anna, granted Class "B" beer permit.................................................................................... 136-138 " 30—Weber, Nick and Cecelia, granted Class "B" beer permit 136-138 " 30—Wathier, Nick and Marie A., granted Class "B" beer permit.................................................................................... 137-138 " 30—Wallig, Wm. Carl, granted Class "B" beer permit.......... 137-138 July 6—Wharton, Mayor, entered the Council Chamber and took the Mayor's chair at 8:15 p. m . ................................. 141 " 6—Wilbricht, L. E., submitting offer in the amount of $30.00 for the purchase of Lot 12 of J. P. Porter's Addition 141 Aug. 3—Weiner, Joseph J. and Evelyn, granted Class "B" beer permit.................................................................................... 161-162 " 15—Weidemann, LeRoy et al, requesting the installation of a street light at the end of Quigley Lane .................. 170 Sept. 8—Weitz, Alois O. and Nellie M., granted Class "B" beer permit.................................................................................... 183-184 " 25—Works Project No. 6102, removal of street car rails from the City of Dubuque........................................................ 189-190 Nov. 16—Water Works General Fund, resolution and applica- tion for the permanent transfer of $20,000.00 from said fund to the Improvement Fund .............................. 229-233 V1111111111-1111111,1419"', INDEX—Book 72 1942 5i7BJECT Page Z Jan. 5—Zoning Map and Zoning Ordinance, hearing upon a pro- and change the area bounded by posal to amend Muscatine Street, Primrose Street, Burlington Street andSabula Street............................................................ 1 " 5—Zoning Map and Zoning Ordinance, hearing upon a pro- posal to amend and change the area bounded on the southerly side by the center line of Dodge Street, on the northerly side by the south property line of City Lot 586, on the easterly side by the center line of the alley first East of Bluff Street, on the westerly side by the center line of Bluff Street .......... ..... ..... _.......... 2 " 5—Zillig, Mrs. Emma, requesting a refund on cigarette per- mit ............................................................... ....... 2 " 27—Zoning Map and Zoning Ordinance, hearing upon a pro- posal to amend and change the same by striking from Article VII Light Industrial District Section I Subdivision "(28) Junk or scrap storage or bailing of papers, rags or metals" and by adding to Section I, Article VIII Heavy Industrial District, Subdivision "(9) Junk or scrap storage or bailing of papers, ragsor metals" .... ..................................................... 18-24-33-34 Mar. 2—Zoning Map and Zoning Ordinance, hearing upon a pro- posal to amend and change the area contained in CityLot 822 ................................................................... 37-61 June 30—Zmnhof Insurance Agency, requesting cancellation of the Class "B" beer bond and also the cigarette bond ofJack Walker.............................................................. 128 " 30—Zumhof Insurance Agency, requesting cancellation of the cigarette bond of Mrs. F. X. Wille. ....................... 128 " 30—Zelens, Bert, granted cigarette permit ................................ 135 Sept. 8—Zumhof Insurance Agency, requesting cancellation of the cigarette bond of Richard and Lillian Hogan.... 177 Regular Session, January 5th, 1942 City Council (Official.) Regular Session, January 5, 1942. Council met at 7:55 p. in. Present—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meet- ing. Councilman Wharton 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 Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Mr Carl Riley addressed the Council in support of the Red Cross Day to be held on Tuesday, January 20th 1942. Miss Ruth Lambert, chairman of the Gray Ladies committee of the Dubuque County Red Cross chapter addressed the Council and requested that the Mayor issue a Proclamation designating Tuesday, January 20th 1942 as Red Cross Day. Proclamation Whereas, it is an indisputable fact that every man, woman, and child in Dubuque County is eager to contribute whole-heartedly to the welfare of the brave men who are now serving in the Armed Forces of the United States; and Whereas, the relief and rehabili- tation of civilians and non-combat- ants resulting from enemy attacks are matters of major concern to all Americans; and Whereas, the fourth clause of the Congressional Charter under which the American Red Cross op- erates the organization in time of war "to act in matters of voluntary relief and in accord with the mili- tary and naval authorities as a medium of communication between the people of the United States of America and their Army and Navy."; Now therefore be it resolved that Tuesday, January 20, 1942, is of- ficially proclaimed in the City of Dubuque as Red Cross Day and every Dubuquer is urged to contri- bute as generously as possible in order that the Dubuque County Chapter of the American Red Cross may collect $20,000—its propor- tibnate share of the 50 million dol- lars being raised in the nation for the humanitarian and essential war- time work of the organization. Signed, this 5th day of January, 1942. FRANK VAN DUELMAN, Mayor of the City of Dubuque. Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map and Zoning Ordinance by changing the area bounded by Muscatine Street, Primrose Street, Burlington Street and Sabula Street from a Sin- gle Family to a Two Family classifi- cation presented and read. No writ- ten objections filed and no objectors present in the Council Chamber. Councilmen Thompson moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilmen Murphy. Carried by the fol- lowing vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 1-42. 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 District" certain defined territory now be- ing delimited as "Single Family District" presented and read. Councilman Thompson moved that the reading just had be consider- ed the first reading of the ordin- ance. Seconded by ' Councilman Wharton. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. The ordinance was then read a second time. Council- man Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Coun- cilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspec- Regular Session, January 5th, 1942 tion for at least one week before Its final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, and Wharton. Nays—None. Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map and Zoning Ordinance by changing the area bounded on the southerly side by the center line of Dodge Street on the northerly side by the south property line of City Lot 586 on the easterly side by the center line of the Alley first East of Bluff Street on the westerly side by the center line of Bluff Street from Mul- tiple Residence District and Local Business District classification to Light Industrial Classification pre- sented and read. No written objec- tions filed and no objectors present in the Council Chamber. Councilman Thompson moved that the proofs of publication be received and fil- ed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. Petition of Mrs. Emma Zillig re- questing a refund in the amount of $50.00 on her cigarette permit as she is discontinuing the sale of cigarettes on December 31, 1941 at 2222 Central Avenue presented and read. Councilman Murphy moved that the request be granted and the City Auditor to be instructed to draw a warrant in the amount of $50.00 in favor of Mrs. Emma Zil- lig to cover the amount of refund granted on the unexpired portion of her cigarette permit as she is dis- continuing the sale of cigarettes as of December 31, 1941. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of St. Joseph's Mercy Hospital Campaign Committee re- questing permission to hang a ban- ner across Main Street between Stampfers and Graham's presented and read. Councilman Murphy mov- ed that the request be granted and the erection of said sign to be done under the supervision of the Building Commissioner. Seconded by Councilman Schueller. Carried by the following vote: Yeas—May- or Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Whar- ton. Nays—None. Petition of the Black and White Cab Company, the Checker Cab Company and John Young request- ing a revision of Ordinance No. 23-32 and asking that Paragraph 286 Rates, Section L "A" be amend- ed to read: "A. For one passenger from one part of the City of Du- buque to any other part of said City, including such passenger's ordinary luggage, the sum of thirty- five cents except as provided in Subdivision "C" hereof," and fur- ther asking that "C" be amended to include the Municipal Airport presented and read. Mr. Jos. J. Even addressed the Council in sup- port of the petition and requested that the request be granted. Coun- cilman Wharton moved that the pe- tition be referred to the City Solici- tor to prepare a proper ordinance. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 2-42. An Ordinance amending "Ordinance No. 23-32" be- ing "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 passengers from one part of the City to anoth- er," by changing the rates fixed in Ordinance No. 23.36presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. S*conded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. The ordinance was then read a second time. Council- man Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Coun- cilman 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 Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Regular Session, January Sth, 1942 3 Schueller, Thompson, Wharton. Nays --None. Petition of B. F. Klauer, J. C. Loosbrock and J. A. Rhomberg re- questing the vacation of the alley between Elm and Pine Streets from 15th Street to 16th Street present- ed and read. Councilman Schuel- ler moved that the petition be re- ferred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of W. H. Meuser re- questing Council to remit the pen- alty accruing against street im- provement assessments on the Easterly % of Lot 12 of John Kings Dubuque presented and read. Coun- cilman Thompson moved that the petition be granted providing that the special assessments be paid be- fore February 1st 1942 and the City Treasurer to be instructed accord- ingly. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Communication of Dubuque Safe- ty Council submitting attached resolutions adopted by the Dubuque Safety Council requesting that "Stop" signs at intersections be raised to a proper height also re- questing the passage of a Model Traffic Ordinance also requesting the immediate installation of more and better "No Parking" signs in the alleys also requesting that as soon as weather permits that the marking of parking spaces be con- tinued on the streets in the bus- iness district presented and read. Mr. C. E. Rhodes addressed the Council requesting that a Walk Signal be installed at 8th and Main Streets. Councilman Thompson moved that the communication to. gether with the attached resolu- tions and also the verbal request for the installation of a Walk Sig. nal at 8th and Main Streets be re- ferred to the Council for further consideration. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. State of Iowa County of Dubuque ss. I hereby certify that I, W. J. Andresen, Police Officer, of the City of Dubuque, Iowa, served a copy of the above resolution upon H. F. Bauer of the Chicago Great Western Railroad Co. on the 27th day of December, 1941. W. J. ANDRESEN, Police Officer. Subscribed and sworn to before me a notary public in and for Du- buque County, State of Iowa, this 27th clay of December, 1942. John A. Brady, Notary Public. Councilman Schueller moved that the statement be received and made a matter of record. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—May- or Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Whar- ton. Nays—None. December 30, 1941. To the Honorable Mayor .and City Council, Dubuque, Iowa. Gentlemen: With reference to attached peti- tion of Harold E. Molo, et al, re - requesting adoption of an ordin- ance regulating the establishment, conduct and location of junk yards and specifically objecting to the new Marmis and Solomon junk yard on Salina Street just east of the Maizewood plant, which peti- tion was considered at a joint ses- sion of the Planning and Zoning Commission and City Council on Friday evening, December 26, 1941, the Dubuque Planning and Zon- ing Commission respectfully reports that whereas the said junk yard is in a Heavy Industrial District, and, whereas. the Zoning Ordinance of Dubuque, Iowa, does not prohibit junk yards in Heavy Industrial Districts, therefore the Planning and 'Zoning Commission feels that it has no jurisdiction in the matter, but respectfully recommends to your Honorable Body the follow- ing two steps to regulate such situations: (1) The Planning and Zoning Commission recommends that the City Council, acting under its pow- er to restrain and prohibit nuisanc- es (No. 5744, Code of Iowa) requir- es that junk yards be enclosed by a suitable tight fitting painted fence or wall of a minimum of 10 feet in height, constructed strictly in con. formity with the City of Dubuque Building Code, and maintained in good order at all times. (2) The Planning and Zoning Commission further recommends that Article VIII, Section 1 of the Zoning Ordinance of Dubuque, Iowa, be amended by adding to the restricted uses another classifi- cation reading Regular Session, January 5th, 1942 11f9) Junk or scrap storage or baling of paper, rags or metals." Respectfully submitted, R: V. McKAY, Secretary, Dubuque Planning and Zoning Commission Councilman Wharton moved that the recommendation of the Plan- ning and Zoning Ordinance be ap- proved and that the City Solicitor be instructed to prepare proper or- dinances as recommended. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—May- or Van Duelman, Councilmen Mur. phy, Thompson, Wharton. Nays— Councilman Schueller. December 30, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of Joseph C. Camm, et al, requesting the rezoning to Two Family Resi- dence classification of the Single Family area bounded on the east by the center line of Irving ana Avoca Streets, on the north by the center line of Decorah and Cherry Streets, on the west by the east line of the local business district at Asbury Street and University Avenue, and on the south by the north line of local business district on University Avenue between As- bury and Irving Streets, the Plan- ning and Zoning Commission re- spectfully recommends the denial of the petition. A check of the individual lot areas in the district involved shows that but three pieces of property out of fourteen have the prescrib- ed area for two family residences even if the ordinance were chang- ed. Such a change would therefore require endless adjustments and concessions by the Board of Adjust- ment before two family residences might be constructed and this pro- cedure would undermine or cir- cumvent the fundamental objects and principles of the Zoning Or- dinance. Respectfully submitted, R. V. McKAY, Secretary, Dubuque Planning and Zoning Commission Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved as read. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. December 30, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen: The Dubuque Planning and Zon- ing Commission respectfully recom- mends to your Honorable Body the granting of the petition of Swift and Company requesting the va- cation of all of that part of Harri- son Street beginning 105 feet south of the south line of Dodge Street and extending southerly to the north line of Industrial Subdivi- sion as shown on attached blue- print. Respectfully submitted, R. V. McKAY, Secretary, Dubuque Planning and Zoning Commission. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be approved and that the City Solici- tor be instructed to prepare the proper proceedings. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 3-42. An Ordin- ance providing for the vacation of Harrison Street beginning 105 feet south of the south line of Dodge Street and extending southerly to the north line of Industrial Sub- division and declaring an emergen- cy presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—May- or Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Whar- ton. Nays — None. Councilman Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Murphy• Carried by the following vote: Yeas —Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. The ordin- ance was then read a second time. Councilman Thompson moved that the reading just had be considered the second reading of the ordin- ance. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schuel- ler Thompson, Wharton. Nays— None. Councilman Thompson mov- ed that the ordinance be placed on file with the City Clerk for pub- lic inspection for at least one week Re ular Session, Tanuary 5tb, 1942 before its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. December 31, 1941. In re: Claim of James F. Lee. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of James F, Lee which has been refer- red to me. After investigation and a talk with Mr. Lee I am of the opinion that there is no liability on the part of the City of Dubuque, and that said claim should be disal- lowed. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the opinion of City Solicitor Kintz- inger be made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. January 3, 1942. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: With reference to the application of Mettel Realty and Investment Co. offering to pay $25.00 to have the records of the special assess- ments against Lot 13 in McClain's Subdivision in Dubuque, Iowa re- leased, this property went to tax sale and if the requirements of the Statute were met in securing the Tax Deed, the special assessments are no longer liens against this property. I would recommend that the re- quest of the petition be granted and that upon the payment of $25.00 to the City of Dubuque, a cancella- tion be made upon the records in the offices of the County Treasur- er and County Auditor of the spe- cial assessments levied against the real estate in question. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be .approved and that the City Treasurer be in• strutted accordingly. Seconded by Councilman Murphy. Carried b1' the following vote: Yeas—Mayo► Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Whar- ton. Nays—None. January 3, 1942. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: With references to the Applica- tion of Swift and Company offer- ing to pay the special assessments for the improvement of Dodge Street against• City Lots 549, 549A and 550, by paying within 30 days from the date of the Applica- tion, the full total principal of all of the said assessments which have not been paid, and requesting that a cancellation be made in the offic- es of the County Treasurer and County Auditor when such pay- ment is made; this property has gone to Tax Deed. If the require- ments of the Statute have been complied with in securing the Tax Deed for back taxes, then the lien of the taxes for special assessment is of no further force or effect. I would recommend that the of- fer by Swift and Company to pay the principal amount of the bal- ance due on the assessments within 30 days from December 24, 1941 be accepted, and that a proper record of such cancellation be made in the offices of the County Treasur- er and County Auditor, when pay- ment is made. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and the City Treasurer instructed ac- cordingly. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 1.42 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. Luxemburg Club of Dubuque, 1862 Central Avenue. Jack Walker, 1085 University Avenue. Joseph W. Hanten and Virginia Hanten, 305 Eighth Avenue. Regular Session, January 5th, 1942 Be it further resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, CEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 2-42 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approv- al and the same have been exam. ined: Now, therefore; Be it resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Will. J. Canfield, Jr. (Canfield Hotel), 4th & Central Avenue. Jack Walker, 1085 University Avenue. Mrs. Melita Chase, 1322 Central Avenue. Joseph W. Hanten and Virginia Hanten, 1638 Central Avenue. Passed, adopted and approved this 5th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, CEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second. ed by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Resolution No. 3.42 Whereas, heretofore applications were filed by the within named ap. plicants for Class "B" Beer Permits and they have received the approv- al 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" PERMITS Wm• J. Canfield, Jr. (Canfield Hotel), 4th & Central Avenue. Jack Walker, 1085 University Avenue. Mrs. Melita Chase, 1322 Central Avenue. Joseph W. Hanten and Virginia Hanten, 1638 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 5th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, CEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk• Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—May- or Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Whar- ton. Nays—None. Petition of the Illinois Central Railroad Company requesting auth- ority to construct and maintain a side-track to enter the premises occupied by Marmis and Solomon from the north commencing on Sa- lina Street at a point opposite Lot 11 in Dubuque Harbor Company's Addition and proceeding southeast- erly therefrom into the premises of Marmis and Solomon described at Lots 9, 8 and 7 in Dubuque Harbor Company's Addition presented and read. Councilman Wharton moved that the petition be received and referred to the City Solicitor to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 42. An Ordinance granting to the Illinois Central Railroad Company, Its successors and assigns, right to construct and maintain a side-track from the Regular Session, January 5th, 1942 7 tracks in Salina Street from a point opposite Lot 11 of Block 13 in Du- buque Harbor Company's Addition In the City of Dubuque, Iowa, thence Southeasterly in Salina Street and Into the premises described as Lots 9, 8 and 7 of Block 13 in said Dubuque Harbor Company's Addi- tion, and providing the terms and conditions thereof presented. Coun- cilman Wharton moved that the or- dinance as submitted be referred to the City Solicitor. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Dttelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. There being no futher business Councilman Thompson moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. J. J. SHEA, City clerk. Approved .��.....,.1942. Adopted 4 Q... 194.V Councilmen: /t� . /A.►r,rGG ............. . Attest: ... ,.... u City Clerk. Special Session, January 6th, 1942 City Council (Official.) Special Session, January 6th 1942. Council met at 8:15 P. M. Present—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Meeting called by order of Coun- ctlmen Thompson and Wharton. Mayor Van Duelman read the call and stated the service there- of had been duly made and that this meeting is called for the pur- pose of considering the petition re- questing the vacation of the Alley between Elm and Pine Streets from 15th Street to 16th Street and act- ing on any other business as may properly come before a regular meeting of the City Council. Petition of B. F. Klauer, J. C. Loosbrock and J. A. Rhomberg re- questing vacation of the Alley be- tween Elm and Line Streets from 15th Street to 16th Street present- ed and read. Councilman Wharton moved that the petition be receiv- ed and that the City Solicitor be instructed to prepare the proper proceedings. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Van Duel - man, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays— None. Ordinance No. 4-42. An Ordinance granting to the Illinois Central Railroad Company, its successors and assigns, right to construct and maintain a side-track from its tracks in Salina Street from a point opposite Lot it of Block 13 in Du- buque Harbor Company's Addition in the City of Dubuque, Iowa, thence Southeasterly in Salina Street and into the premises de- scribed as Lots 9, 8 and 7 of Block 13 in said Dubuque Harbor Com- pany's Addition, and providing the terms and conditions thereof 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 Van Duelman. Councilman Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Thomp- son moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun. cilmen Murphy. Schueller, Thomp. son, Wharton. Nays—None. The or- linance was then read a second time. Councilman Thompson moved that the reading just had be consid. ered the second reading of the or. dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. 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 Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. There being no further business Councilman Thompson moved to ad. journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas—mayor Van Duelman, Councilman M u r p h y, Schueller, Thompson, Wharton. Nays —Nne. J. J. Sill �A 1 1. Councilmen: Attest: 4ji , . ity Clerk. r Special Session, January 27th, 1942 City Council (Official.) Special Session, January 27th 1942. Council met at 7:35 P. M. Present—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Thompson. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering claims filed against the City for personal injuries and prop- erty damages and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Wharton 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 Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None: Mr. Vern Shekleton, Business Rep- resentative of Dubuque Building Trades Council, addressed the Coun- cil submitting an Agreement from Local 659 Ihternational Hod Car- riers, Building and Common Labor- ers of America providing that Union Labor be employed on all future street or sewer work. Coun- cilman Thompson moved that the Agreement be referred to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Notice of Claim of Mrs. Louis C. Noel in an unstated amount for personal injuries received in a fall on an icy sidewalk at Sth Avenue near Main Street or about at the corner of Montgomery Ward Co. Store presented and read. Council- man Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Notice of Claim of Minnie Rad- loff in the amount of $74.75 for damages to her Oldsmobile Sedan caused in striking the South guard rail of the Viaduct on East 32nd Street due to a deep icy rut in said street 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 Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Chicago Great Western Railway Company Chicago, Jan. 13, 1942. Hon. Frank Van Duelman, Mayor, City of Dubuque, Dubuque, Iowa. Dear Sir: This will acknowledge receipt of Resolution No. 163-41, pertaining to installation of electrically oper- ated flashing light and rotating disk stop crossing signals at 29th Street in the City of Dubuque. In the past number of years such crossing protection has been install- ed with Federal Funds. I am in re- ceipt of advice from the Iowa State Highway Commission that in view of recent developments with re- spect to Federal requirements there is no prospect of including this project in an early program unless it is vital to National Defense. We will keep this matter in mind and at the first opportunity do all we can to secure necessary funds to make the desired installation. Yours very truly, S. M. GOLDEN. Councilman Murphy moved that the communication be received and made a matter of record. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen hlp phy', Schueller, Thompson, Wharton. Nays—None. Councilman Schueller moved that City Manager Rhomberg be in- structed to notify the Chicago Great Western Railway Company to place crossing watchmen at the 29th Street crossing for a 24 hour period each day said notice to be effective immediately. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of Kohler Brothers, by Ervin Kohler, requesting a refund in the amount of $25.00 on their cigarette permit No. 138 as they are discontinuing business at 351 Eighth Avenue presented and read. Councilman Murphy moved that 10 Special Session, January 27th, 1942 the petition be granted and that the City Auditor be instructed to draw a warrant in the amount of $25.00 in favor of Kohler Broth• ers to cover the amount of refund granted on the unexpired portion of their cigarette permit No. 138. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of K. W. Elliott et al requesting that the Southerly 100 feet of the Westerly 61 feet of Lot 822 in A. McDaniel's Subdivision be rezoned from Two Family Classi- fication to Multiple Family Classifi- cation presented and read. Council- man Wharton moved that the pe- tition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of Wm. A. Haller, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on Lot 27 McCraney's 2nd Addition pre. sented and read. Councilman Whar. ton moved that the petition be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Mur. phy, Schueller, Thompson, Whar. ton. Nays—None. Petition of Ira G. Whitney et al requesting Council to take pro- er action whereby an electric stop and go light will be installed at the corner of Central Avenue and Twelfth Street presented and read. Councilman Wharton moved that the petition be referred to the City Council for investigation. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of Veterans of Foreign Wars of the United States request- ing permission for the holding of their Annual Buddy Poppy Sale on Satutday, May 16th 1942 presented and read. Councilman Thompson moved that the request be granted• Seconded by Councilman Schuel. ler. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. January 26, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that we have approved the following bonds and desire to have your approval on same for filing: Personal John A. Brady, Clerk of Police Court. Central Surety & Ins. Corp. Excavation A. L. Hammel, 2251 Prince Street. Western Surety Company, Bond No. 139114. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. January 16, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Rec- reation Director and City Water- works, also a list of claims and Payrolls for which warrants were drawn during the month of De- cember, 1941. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas --Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. January 27, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held November 21, 1941 the pe- tition of Mrs. B. L. Baumhover et al, requesting that the name of Dodge Street from Fremont Ave- nue westerly to the end at Collins Street be changed was referred to the Council to view the grounds. The Council viewed the site and after consulting the residents decid. ed to change the name to McKin. ley Avenue. I recommend that the action of the Council be confirmed Special Session, January 27th, 1942 and the City Solicitor be instruct. ed to prepare the proper proceed- ings. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved and the action of the City Council confirm- ed and the City Solicitor to be in- structed to prepare the proper pro- ceedings. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas --Mayor Van Duel - man, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays— None. January 27, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held December 26, 1941 the petiti- tion of Farley and Leotscher Manu- facturing Company to install four underground storage tanks in Jack- son Street at the southwest corner of 9th and Jackson Streets was re- ferred to the Council to view the grounds. The Council viewed the site and decided to grant the petition. i recommend that the action of the Council be confirmed and the City Solicitor be instructed to prepare the proper proceedings. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and the action of the City Coun- cil confirmed and the City Solicitor to be instructed to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. January 20, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. In re: Claim of Geo. B. Collinson. Gentlemen: The claim of George B. Collinson was submitted to me for investiga. tion and report. After investigation it was my opinion that this was the liability of the property owner be- cause of his failure to properly place a guard at the top of the stairs in question. I took the matter up with the property owner and he agreed to pay the damages to Geo. B. Collin- son. The damages have been paid. the releases signed, and I attach herewith a release signed by Mr. Collinson. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the action taken by City Solicitor Kintzinger be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 5-42. An Ordin- ance providing for the vacation of the area between Elm and Pine Streets from 15th to 16th Streets and also for the conveyance of said vacated area to B. F. Klauer, J. C. Loosbrock and J. A. Rhomberg pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas —Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. The ordi- nance was then read a second time. Councilman Thompson moved that the reading just had be considered the second reading of the ordi- nance. Seconded by Councilman Wharton. Carried by the following vote: Yeas --Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. 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 Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 6-42. An Ordinance amending an Ordinance entitled "Ordinance No. 99 Changing the Names of Streets and Avenues with- in the City of Dubuque" by chang- ing the name of Dodge Street run- ning North and West from where Dodge Street intersects with Fre- mont Street to the name of Mc- Kinley Avenue presented and read. Councilman Thompson moved that 12 Special Session, January 27th, 1942 the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas —Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requiring an ordi- nance to be read on three sep- arate days. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. The ordinance was then read a second time. Council- man Thompson moved that the reading just had be considered the second reading of the ordinance. seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son. Wharton. Nays—None. Coun- cilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 7.42. An Ordinance granting to Farley & Loetscher Mfg. Co., its successors and/or as- signs, the right to install four un- derground storage tanks at the Southwest corner of Ninth and Jackson Streets under the level of Jackson Street and to attach and maintain pipes and equipment in connection therewith all in accord- ance with the plans now on file in the office of the City Clerk pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen M u r p h y, Schueller, Thompson, Wharton. Nays—None. The ordinance was then read a second time. Councilman Thomp- son moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas, Mayor Van Duelman,, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Councilman Thompson moved that the ordin- ance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Ordinance No. 3-42. An Ordinance regulating and licensing Junk Dealers and prescribing penalties for violation presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Coun- cilman Thompson moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. The ordinance was then read a second time. Council- man Thompson moved that the read- ing just had be considered the sec- ond reading of the ordinance. Sec. onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Van Duelman, Councilmen M u r p h y, Schueller, Thompson, Wharton. Nays—None. 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 Wharton. Carried by the following vote: Yeas —Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Council proceedings for the month of November, 1941, presented for ap- proval. Councilman Thompson m o v e d that the Council Proceedings for the month of November, 1941, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, and Wharton. Nays—None. Ordinance No. 1-42. An Ordinance amending and changing the Zon- ing Map of the City of Dubuque as provided by Ordinance No. 3-34 Special Session, January 27th, 1942 13 designated "Zoning Ordinance of the City of Dubuque" so as to change to "Two Family District" certain defined territory now be- ing delimited as "Single Family District", said ordinance having been passed upon first and second readings on January 5th. 1941, pre- sented and read a third time. Ordinance No. 1-42 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by 0 r d i nance No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to change to "Two Family District" certain defined territory now being delimited as "Single Family District." 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 District" certain territory hereinafter de- scribed, now delimited as "Single Family District" and, Whereas, notices of such pro- posed change have 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 on the 5th day of Jan- uary, 1942, 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 DU- BUQUE: Section 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 "Single Fam- ily District' to "Two Family Dis- trict' the area described as fol- lows: The area bounded by Musca- tine, Primrose, Burlington and Sa- bula streets. Section 2. This Ordinance shall be in force and effect from and after its final passage, adoption and approval by the City Council, and publication as by law provided, and when the costs and expenses of publication has been paid by the parties applying therefore. Passed upon first and second readings this 5th day of January 1942. 4 F;� 'V`400vr ,w Passed, adopted and approved on final reading, this 27th day of Jan- uary, 1942. FRANK VAN DUELMAN, Mayor F. W. THOMPSON ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City clerk. Published officially in The Tele- graph -Herald newspaper this 29th day of January, 1942 and in the Daily Tribune newspaper this 30th day of January, 1942. J. J. SHEA City Clerk Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen M u r p h y, Schueller, Thompson, Wharton. Nays --None. Ordinance No 2-42. An Ordinance amending "Ordinance No. 23-32" be- ing "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 passengers from one part of the City to an- other," by Changing the rates fix- ed in Ordinance No. 23-32, said or- dinance having been passed upon first and second readings on Janu- ary 5th, 1942, presented and read a third time. Ordinance No. 2-42 An Ordinance Amending "Ordi- nance No. 23-32" being "An Ordi- nance regulating the operation of taxi cabs within the City of Du- buque and fixing the rates and prices to be charged for the trans- portation of passengers from one part of the City to another," by changing the rates fixed in Ordi- nance No. 23-32. Be it ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That Ordinance No. 23-32, being 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 passengers from one part of the city to an- other, be and the same is hereby amended by striking out of Par. 286, Rates, Section 1, subdivision A, "twenty five cents (25c)", and inserting in lieu thereof "thirty- five cents (35c); and by adding after "Sunny Crest' subdivision C, "or the Municipal Airport." Sec. 2. This ordinance shall be in force and effect from and after 14 Special Session, Janua rY 27th, 1942 its final passage and publication as provided by law, and when the cost of publishing same has been paid by Petitioner. Passed upon first and second readings this 5th day of January, 1942. Passed, adopted and approved upon final reading this 27th day of January, 1942. FRANK VAN DUELMAN Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. Published officially in The Tele- graph -Herald newspaper this 29th day of January, 1942 and in the Daily Tribune newspaper this 30th day of January, 1942. J. J. SHEA City Clerk Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas: Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays: None. Ordinance No. 3-42. An Ordinance Providing for the vacation of Har- rison Street beginning 105 feet south of the south line of Dodge Street and extending southerly to the north line of Industrial Sub- division, and declaring an emer- gency, said ordinance having been passed upon first and second read- ings on January 5th, 1942, presented and read a third time. ORDINANCE NO. 3-42 An Ordinance providing for the vacation of Harrison Street begin- ning 105 feet south of the south line of Dodge Street and extending southerly to the north line of In- dustrial Subdivision, and declaring an emergency. WHEREAS, Harrison Street, be- ginning 105 feet south of the south line of Dodge Street and extending to the north line of Industrial Sub. division, is located within the heavy industrial district in the City of Du. buque, as delimited by the zoning map of said City and all of the owners of real estate abutting upon said part of said street have con- sented to the vacation thereof; and WHEREAS, said part of Harri- son Street is not needed for street or public purposes except for sew- ers, drains and water mains now in said street and the vacation thereof will not injure, damage or inter- fere with the use of or accessibility to private property situated within such district; and WHEREAS, the Planning and Zon. Ing Commission of the City of Du. buque has examined into the ad- visability of vacating such portion of such street and has recommend- ed to this Council that such vaca- tion be made. Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU. BUQU E: Section 1. That Harrison Street, beginning 105 feet south of the south line of Dodge Street and ex- tending southerly to the north line of Industrial Subdivision, be and the same is hereby vacated, except that the City of Dubuque reserves the right that all sewers, drains and water mains located upon or within the vacated area shall con- tinue to be the property and under the supervision and control of the City of Dubuque, its officers and employees, and in the event any repairs or replacements become necessary in or upon such sewers and water mains or services be- cause of any action or conduct upon the part of the occupant thereof, now Swift and Company, its agents or employees, such sewers and water mains and services shall be repaired or rebuilt at the expense of said Swift and Company. Section 2. That the Clerk be and he is hereby directed to file in the office of Recorder of Dubuque County, a certified copy of this Or- dinance. Section 3. That this Ordinance, being deemed urgent and in the in- terest of the public welfare, shall be in force and effect immediately upon its final passage, adoption and approval by the City Council and Publication as provided by law, and the rights hereunder shall accrue to Swift and Company, its succes- sors and assigns, when this Ordi- nance has been accepted by said Company, which acceptance shall be endorsed hereon, and when the costs and expense of publishing the same has been paid by said Company. Passed upon first and second readings this 5th day of January, 1942. Special Session, J anuary 27th, 1942 15 Passed, adopted and approved upon final reading this 27th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. ACCEPTANCE OF ORDINANCE NO. 3-42 Swift and Company, having knowledge of all the terms and con- ditions of Ordinance No. 3-42, does hereby accept the same as adopted by the City Council of the City of Dubuque on the 27th day of Janu- ary, 1942, and agrees to comply with the terms and provisions thereof. Signed this 29th day of January, 1942. SWIFT AND COMPANY, By Wm. B. Traynor, Vice -President, W. H. Soutter, Assistant Secretary Published officially in The Tele• graph -Herald newspaper and The Daily Tribune newspaper this 3rd day of February, 1942. J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, T h o in p s o n, Wharton. Nays—None. Ordinance No. 4-42. An Ordin- ance granting to the Illinois Central Railroad Company, its Successors and Assigns, right to construct and maintain a Side -Track from its tracks in Salina Street from a point opposite Lot 11 of Block 13 in Du- buque Harbor Company's Addition in the City of Dubuque, Iowa, thence Southeasterly in Salina Street and in the City of Dubuque, Iowa, thence Southeasterly in Salina Street and into the premises described as Lots 9, 8 and 7 of Block 13 in said Du- buque Harbor Company's Addition, and providing the terms and condi- tions thereof, said ordinance hav- ing been passed upon first and sec- ond readings on January 6th, 1942, presented and read a third time. ORDINANCE NO. 4-42 An Ordinance granting to the Illi- nois Central Railroad Company, its successors and assigns right to con- struct and maintain a side-track from its tracks in Salina Street from a point opposite Lot 11 of Block 13 in Dubuque Harbor Company's Addi- tion in The City of Dubuque, Iowa, t h e n c e southeasterly in Salina Street and into the premises de- scribed as Lots 9, 8 and 7 of Block 13 in said Dubuque Harbor Company's Addition, and providing the terms and conditions thereof. 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 Com- pany, its successors and assigns, to lay down, operate and maintain a spur track from its side-track now located on Salina Street, commenc- ing at a point opposite Lot 11 of Block 13 in Dubuque Harbor Com- pany's Addition in the City of Du- buque, Iowa, thence southeasterly in Salina Street and into the premises described as Lots 9, 8 and 7 of Block 13 in said Dubuque Harbor Com- pany's Addition in the City of Du- buque, Iowa, in accordance with plans on file. Section 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 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. Section 3. That said tracks here. by authorized shall be laid to the established 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. Section 4. That said railroad com. pany 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 company shall plank be- tween the rails and make suitable approaches to enable vehicles to easily 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 the said railroad company shall at its own expense construct such drainage structures as may be necessary to prevent the damming up or obstruc- 16 Special Session, January 27th, 1942 tion of flowage of the water in said street. 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 trans- ferred over said tracks, 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 here- by authorized upon the payment of such switching charges which may be uniformly applied within this city and accepted as reasonable between railroad companies operating within the city. Section 7. This Ordinance being deemed urgent and of immediate necessity, shall become effective up- on its passage, adoption and ap- proval by the City Council and pub- lication as provided by law and the rights herein granted shall accrue to said railroad company when this Ordinance has been accepted by said railroad company, which ac- ceptance shall be endorsed theron, and when the costs and expense 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 compensated for, or in lieu thereof, when the rec- ord owners of such property and rec. ord holders of liens and encumb- rances thereon have filed with this Council their consent to the con- struction and operation of such track and waivers and releases of any damages which may be sustain- ed by them on account of the con- struction and operation of the same. Passed upon first and second reading this 6th day of January, 1942. Passed, adopted and approved on final reading this 27th day of Janu. ary, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE BY ILLINOIS CENTRAL RAILROAD COMPANY Illinois Central Railroad Company 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 Illi- nois Central Railroad Company, its successors and assigns, right to con- struct and maintain a side-track from its tracks in Salina Street from a point opposite Lot 11 of Block 13 In Dubuque Harbor Company's Addi. tion in the City of Dubuque, Iowa, t h e n c e southeasterly in Salina Street and into the premises de- scribed as Lots 9, 8 and 7 of Block 13 in said Dubuque Harbor Com- pany's Addition, and providing the terms and conditions thereof." being Ordinance No. 4-42, and that said railroad company does hereby agree to comply with all the terms and conditions of said Ordinance. ILLINOIS CENTRAL RAILROAD COMPANY, By F. L. THOMPSON, Vice President. Published officially in The Tele- graph -Herald, newspaper this 18th day of February, 1942. J. J. SHEA, 2-18-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. Petition of the Illinois Central Railroad Company requesting the City Council to waive and release any and all claims the City has or may have for damages against the Illinois Central Railroad Company, its successors and assigns, resulting from the construction of a spur track from a track in Salina Street into the premises described as Lots 7, 8 and 9 in Block 13, Dubuque Har- bor Company's Addition presented and read. Councilman Wharton moved that the petition be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays—None. Waiver and Release of Damage The undersigned, being the owner of the following described real estate, towit: Lot 2 of Lot 3 of Block C, Industrial Subdivision in the City of Dubuque, Iowa, which abuts Sa- lina Street, City of Dubuque, Iowa, in which street the Illinois Central Railroad Company proposes to con- struct a spur track, from a track in said street into the premises de- scribed as Lots 7, 8 and 9, Block 13, Dubuque Harbor Company's Addi- tion, Dubuque, Iowa, pursuant to authority granted by City of Du- buque, Iowa, in Ordinance No. 4-42, approved on final reading January 27, 1942, in consideration of the building of said spur track by said Special Session, January 27th, 1942 17 Railroad Company, does hereby for- ever waive and release any and all claims the undersigned has or may have for damages against the Illi- nois Central Railroad Company, its successors and assigns, resulting from the construction of the afore- said spur track in Salina Street. Dated this 27th day of January, 1942. CITY OF DUBUQUE, IOWA, By Frank J. Van Duelman, Mayor. Attest:J. J. Shea, City Clerk. Councilman Murphy moved that the Mayor and City Clerk be author- ized to execute the Waiver and Re- lease of Damages on behalf of the City of Dubuque, Iowa. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. RESOLUTION NO. 4-42 BE IT RESOLVED by the City Council 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—Nick Kramer; Address - 2222 Central Avenue. BE IT FURTHER RESOLVED that the bond filed with the applica- tion be approved. Passed, adopted and approved this 27th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen, Attest: J. J. Shea, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayos Van Duelman, Councilmen Murphy Schueller, Thompson, W h a r t o n Nays—None. RESOLUTION NO. 5-42 WHEREAS, applications for Clas; "B" Beer Permits have been sub mitted to this Council for approva and the same have been examined NOW, THEREFORE, BE IT RESOLVED by the Counci of the City of Dubuque that the fol lowing applications be and the sam, are hereby approved and it is order ed that the premises to be occupie by such applicants shall be forth- with inspected. Class "B" Permit Nick Kramer and Marie J. Kra- mer, 2222 Central Avenue. Joseph W. Hanten and Virginia Hanten (transfer of address from 1638 Central Avenue), 305 Eighth Avenue. Passed, adopted and approved this 27th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilman Murphy, Schueller Thompson, Wharton, Nays—None. RESOLUTION NO. 6-42 WHEREAS, heretofore applica- tions were filed by the within named applicants for Class "B" Beer Per- mits and they have 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 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 Nick Kramer and Marie J. Kra- mer, 2222 Central Avenue. Joseph W. Hanten and Virginia Hanten (transfer of address from 1638 Central Avenue), 305 Eighth Avenue. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 27th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded 18 Special Session, January 27tH, 1042 by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson• W h a r t o n. Nays—None. RESOLUTION NO. 7-42 WHEREAS, the Planning and Zoning Commission of the City of Dubuque recommended to the City Council the changing of the Zoning Map by striking from ARTICLES VII LIGHT INDUSTRIAL DIS- TRICT, Section 1 Subdivision "(28) Junk or scrap storage or bailing of papers, rags or metals" and by add- ing to Section 1, ARTICLE VIII HEAVY INDUSTRIAL DISTRICT, Subdivision "(9) Junk or scrap stor- age or bailing of papers, rags or metals." WHEREAS, the City Council deems it advisable to amend the Zoning Ordinance of the City of Du- buque to comply with the recom- mendations made by the Planning and Zoning Commission. WHEREAS, before the Zoning Map and the Zoning Ordinance of the City of Dubuque may be amend- ed and changed it is necessary that a public hearing be held. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: That there should be a public hearing on the question of striking from ARTICLE VII LIGHT INDUS- TRIAL DISTRICT, Section 1. Use Regulations, "(28) Junk or scrap storage or bailing of papers, rags or metals," which permits all build- ings and premises to be so used in the Light Industrial District, and by amending ARTICLE VIII HEAVY INDUSTRIAL DISTRICT, Section 1. Use Regulations, by adding thereto "(9) Junk or scrap storage or bail- ing of papers, rags, or metals" which permits buildings and premises to be so used in Heavy Industrial Dis- trict upon the approval of the Board of Adjustment, and that the City Clerk be and he is hereby directed to cause to be published in the Offi- cial Newspapers of the City of Du- buque notice of such hearing to be held by this Council upon the pro. Posed change and amendment, that the time and place be and the same is hereby fixed for said hearing at 7:30 P. M. February 17th, 1942 in the City Council' Chamber in the City Hall, Dubuque, Iowa. Said no. tices to be so published as to leave at least fifteen days between the day of the publication and the time fixed for said hearing and that at said hearing any and all interested parties and citizens shall have an opportunity to be heard. Passed, adopted and approved this 27th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. Councilman Wharton moved the. adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, W h a r t o n. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Peas—Mayor Van Duel. man, Councilmen Murphy, Schuel. ler, Thompson, Wharton. Nays— None. J. J. SHEA, City Clerk. Approved%A,.,%L301942 Adopted .. 0 AWPU .... ....... ..... Councilmen:. Attest: aCity Clerk. Regular Session, I'ebruary 2nd, 1942 19 City Council (Oiflcial ) Regular session, February 2nd, 1942. Council met at 7:55 p. in. Present—Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meet- ing of the City Council for the pur- pose of acting upon such business as may properly come before the meeting. Petition of the Building and Com- mon Laborers of Local 659 request- ing permission to use the grounds west of the Municipal Athletic Field on East 4th Street for the purpose of promoting a carnival during the month of May, presented and read. Councilman Murphy moved that the request be granted and that the Building and Common Laborers Lo- cal 659 be notified to furnish the City Manager with the information as to the dates for the holding of their carnival. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Roy Brammer et al re- questing that the property abutting Mt. Pleasant Avenue and extending from University Avenue Multiple Residence District on the south to Loras Boulevard on the north be rezoned from single -dwelling resi- dential buildings to two-family buildings presented and read. Coun- cilman Wharton moved that the pe. tition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of F. H. Lenstra request. ing a refund on both his cigarette permit and beer permit as he has sold his place known as the Rex Tavern, presented and read. Coun• cilman Schueller moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $25.00 in favor of F. H. Lenstra to cover the amount of refund granted on the unexpired portion of his cigarette permit and also to draw a warrant in the amount of $100.00 in favor A F. H. Lenstra to cover the amount :)f refund granted on the unexpired portion of his beer permit. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Joseph W. and Vir- ginia Hanten requesting a refund in the amount of $25.00 on cigarette permit No. 174 and also a refund of $150.00 on beer permit No. 133 as they have discontinued business at 305 Eighth Avenue, presented and read. Councilman Schueller mov- ed that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $25.00 in favor of Joseph W. and Virginia Hanten to cover the amount of refund granted on the unexpired portion of cigarette per- mit No. 174 and also to draw a war- rant in the amount of $150.00 in fa- vor of Joseph W. and Virginia Han - ten to cover the amount of refund granted on the unexpired portion of beer permit No. 133. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Friedman Insurance Agency requesting release of the beer bond of Joseph W. and Virginia Hanten as they have discontinued business at 305 Eighth Avenue, pre- sented and read. Councilman Mur- phy moved that the request be granted and that the Friedman In- surance Agency be notified that the bond is no longer in effect. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp. son, Wharton. 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 Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Mr. James F. Lee addressed the Council stating that the contract for the construction of a sanitary sewer in Fremont Avenue and Wart- burg Place has been completed with the exception of placing back the 20 Regular Session, February 2nd, 1942 sod and some cement work and re. questing that the work be accepted. Mr. Lee was informed that the Council would accept the work upon the filing of waivers by the property owners subject to assessment for this sewer. Resolution No. 8-42 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 pa- pers within said City and the Man- ager is directed to issue such per- mit on behalf of said City. Callahan Carr, 305 Eighth Avenue. William E. Briggs, 127 West Sixth Street. Be It Further Resolved, That the bonds filed with the applications be approved. Passed, adopted and approved this 2nd day of February, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 9-42 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 and the same are hereby approved and it is or- dered that the premises to be occu- pied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Callahan Carr, 305 Eighth Ave- nue; Louis Anthoine and Agnella Anthoine, 119 West 6th Street; Charles J. Healey and Alice Healey, 2600 Central Avenue; William E. Briggs, 127 West Sixth Street. Passed, adopted and approved this 2nd day of February, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Thompson. Car. ried by the following vote: Yeas—Mayor Van Duelman, Coun. cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 10.42 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Per- mits and they have received the ap- proval of this Council; 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 Callahan Carr, 305 Eighth Ave- nue; Louis Anthoine and Agnella Anthoine, 119 West 6th Street; Charles J. Healey and Alice Healey, 2600 Central Avenue; William E. Briggs, 127 West Sixth Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of February, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays—None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Regular Hessian, February 2nd, 1942 21 Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, /City Clerk. Approved �11Q7.Q 4 Adopted a .... .....1942. _..../.............. Councilmen: Attest: ..... ,7R.1�11'1JftiV q. � City Clerk. City Council (Official.) Special Session, February 13, 1942. Council met at 7:35 P. M. Present — Mayor Van Duelman, .Councilmen Murphy, Schueller, -Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Wharton. ayor Van Duelman read the call an stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- Fsidering the recommendation of City Manager Rhomberg with reference to the construction of a six (6) inch vitrified tile sanitary sewer in Fre- mont Avenue northeasterly f r o m the present manhole in Coates Street to Lot 2 of 4 of Fremont Ave- nue Subdivision and southerly to Wartburg Place, and in Wartburg Place southerly from Fremont Ave- nue to Lot 1 of 1 of 2 of Mineral Lot 139, and acting on any other business as may properly come be- fore a regular meeting of the City Council. Dubuque. December 19th, 1941. Hon. Mayor and City Council. Gentlemen: The undersigned pro- perty owners on Fremont Avenue and Wartburg Place, affected by the assessment for the building of the sanitary sewer in said streets, in order to permit the immediate use of said sewer, hereby waive any and all objection to the acceptance of the contract on the completion of the sewer proper. Respectfully, Henrietta Coates Kiesel. Russel J. Mulgrew, The Archdiocese of Dubuque, Per D. V. Foley, Sec'y. Frank M. Kelly. Eleanor Burch Jackson. Albert Bolts. A. E. Loetscher. Clem McGuire. Sadie G. Mehlhop. Dorothy H. Burch. Wartburg Theological Seminary, By J. Bodensieck, Pres. Councilman Murphy moved that the Waiver be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun. cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. To the Mayor, Manager and City Council of Dubuque: 22 Special Session, February 13th, 1942 1 hereby waive objection to ac- ceptance of contract for sanitary sewer on Fremont Avenue, as af- fecting my property, in order to per- mit immediate use of sewer and in contemplation of ultimate comple- tion of the items replacing sodding and cement walk and driveway, re- serving my right to claim that in- stead of patchwork being done as to cement work these places be re- paired by putting in complete squares or slabs. Birdeva B. Heisey, By R. P. Roedell, Her Atty. Councilman Murphy moved that the waiver be received and made a m a t t e r of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Dubuque. January 31st, 1942. Hon. Mayor and City Council: Gentlemen: I hereby waive ob- jection to the acceptance of the Contract for the Sanitary Sewer in Wartburg Place, as affecting my property, in order to permit the im- mediate use of the sewer and in contemplation of the ultimate com- pletion of the item of replacing sod- ding in proper season as provided in the contract, and in order that an assessment may be levied; it is understood, however, and I reserve the right in signing this waiver, to appeal and object if necessary any assessment against my property not in conformity with an equitable and reasonable amount, in considera- tion of the benefits obtained. Respectfully, G. H. Ohmert, 380 Wartburg Place. Councilman Murphy moved that the waiver be received and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. February 13, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City has received waivers from all of the property owners affected by the assessment for the construction of a six inch vitrified tile sanitary sewer in Fre. mont Avenue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub. and southerly to Wartburg Place, and in Wartburg Place south- erly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, under the contract hearing date of October 14, 19.11, by and between Jas. F. Lee and the City of Dubuque. I certify that when completed the improvement will embrace the fol. lowing materials, work, extra ex- pense and interest: 1,977.30 lineal feet of 6 inch vitrified tile sewer pipe @ $2.20 ................................$4,305.06 16 pieces 6x4 inch Y branches @ $1.50 .............. 24.00 8 brick manholes @ $85.00 680.00 228 sq. ft. concrete walk @ 20c........................................ 45.60 532 sq ft. concrete drive- ways @ 25c ........................ 133.00 12 sq. yd. asphalt pavement @ $1.50 .............................. 18.00 Extra expense ...................... 100.00 Interest @ 6% for 52 days.. 45.61 Amount to be assessed....... $5,396.27 I recomrRend the acceptance of the work by the City Council as out- lined above. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 11.42. A Resolu- tion accepting improvement for the construction of a six (6) inch vitri- fied tile sanitary sewer in Fremont Avenue northeasterly from the pres- ent manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub. and southerly tb Wartburg Place, and in Wartburg Place southerly from Fre- mont Avenue to Lot 1 of 1 of 2 of M. L. 139, and directing the City Clerk to publish notice of the Coun- cil's intention to levy special assess- ments therefor, presented and read. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Dubuque, Ia. February 11, 1942. To the Mayor and City Clerk, Dubuque, Ia. Gentlemen: For $8,000.00 Street Improvement Bonds to be issued by your city, bearing interest at the rate of 5% Per centum per annum, payable semiannually; both principal and in- Special Session, February 13th, 1942 23 terest payable at the Office of the City Treasurer, Dubuque, Ia.; said bonds to be with option of prior payment, and to be dated January 26, 1942, and to become due and pay- able as follows: As stated in notice of sale. We will pay you par and a premium of $170.00 together with accrued interest, said bonds to be delivered on or about March 1, 1942. Provided, that prior to delivery of bonds and payment therefor, the City is to promptly furnish without cost to us a certified transcript of the legal proceedings pertaining to this bond issue which shall show their legality to the satisfaction of our attorneys, and furnish such oth- er legal proceedings and take such further action as they may require for this purpose. The printed bonds are to be furnished and paid for by the City and the final approving at- torney's opinion i6 to be furnished and paid for by the purchaser. Respectfully submitted, CARLETON D. BEH CO. By J. H. Becker. Councilman Murphy moved that the proposal be accepted and that the Agreement be ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final approval. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. February 11, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim of James C. McDonald, filed February 26, 1941, wherein he claims damages in the sum of $3,000.00 claiming the damages were caused by him slipping and falling on the cross walk on the West aide of the intersection of 10th and Mair Streets, and whereas, he claims that said cross walk was in a dangerous and unsafe condition by reason o an accumulation thereon of rough rounded and uneven ice, which ici caused him to slip and fall and h received injuries to his head ani back and a fracture of his right am at the elbow joint, necessitating ai operation, I have investigated thi matter and from what I have bees able to ascertain and from consu. tation with attorneys for James C McDonald, I am of the opinion tha this case should be settled. Clain ant's a c t u a l damages amount t $197.00. The claimants estate ha agreed to accept $250.00 in full pad ment of said claim, and I recon mend that the same be allowe< that a warrant be drawn in favor of the claimant's estate and delivered upon delivery to the City of a pro- perly executed release. Yours truly, JORN J. KINTZINGER, City Solicitor. Councilman Murphy moved that he recommendation of City Solicit - )r Kintzinger be approved and that he City Auditor be instructed to [raw a warrant in the amount of ;250.00 in favor of the Estate of Fames C. McDonald as settlement n full of the claim of James C. Mc- Donald, said warrant to be deliv- ;red upon the receipt of a properly executed release. Seconded by Coun- ,11man Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Whhrton. Nays—None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, City G Approved Adopted Councilmen: Attest: �y IrK V'City Clerk. 24 Special Session, February 17th, 1942 City Council (Official.) Special Session, February 17th, 1942. Council met at 7:50 P. M. Present—M a y o r Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Schueller and Murphy. Mayor Van Duelman 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 upon a pro- posal to amend and change the Zon- ing Map and Zoning Ordinance by striking from Article VII, Light In- dustrial District, Section 1, Sub- division "(28) Junk or scrap stor- age or bailing of papers, rags or metals" and by adding to Section 1, Article VIII, Heavy Industrial Dis- trict, Subdivision "(9) Junk or scrap storage or bailing of papers, rags or metals" and acting on any other business as may properly come be- fore a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of pub- lic h e a r i n g upon a proposal to amend and change the Zoning Map and Zoning Ordinance of said City by striking from Article VII, Light Ihdustrial District, Section 1, Sub- division "(28) Junk or scrap storage or bailing of papers, rags or met- als" and by adding to Section 1, Ar- ticle VIII, Heavy Industrial District, Subdivision "(9) Junk or scrap stor- age or bailing of papers, rags or metals," presented and read. No written objections filed and no ob- jectors present in the Council Cham- ber. Councilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 9-42. 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" by striking from Article VII, Light Industrial District, Section 1, Use Regulations, Subdivision "(28) Junk or scrap storage or bailing of paper, rags or metails" and by inserting in Article VIII, Section 1, Use Regulations, Subdivision "(9) Junk or scrap stor. age or bailing of paper, rags or metals," presented and read. Councilman Thompson moved that the reading just had be consid- ered the first reading of the ordin- ance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Conn. cihnen Murphy, Schueller, Thomp. son, Wharfon. 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 Van Duelman, Coun- cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. The ordinance was then read a second time. Councilman Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Conn. cihuen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spectton for at least one week be- fore its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. Notice of Claim of Mrs. Theresta Krueger in the amount of $75.00 for injuries sustained in a fall on a bad sidewalk on Kniest Street between Garfield Avenue and Rhomberg Ave- nue, Presented and read. Councilman Wharton 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 Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton.` Nays—None. Notice of Claim of Mrs. P. J. Fury in the amount of $300.00 for injuries sustained in a fall on an icy side- walk about 20 to 25 feet from the corner of Rush Street, presened and Special Session, February lith, 1942 25 read. Councilman Schueller 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 Van Duelman, Coun cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Communication of Carl V. Riley expressing appreciation on behalf of the Dubuque County Chapter, American Red Cross, for the splen- did co-operation accorded the or- ganization in its appeal for needed War Relief Funds, presented and read. Councilman Thompson moved that the communication be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. Petition of the American Legion Auxiliary requesting permission for the holding of their Annual Poppy Sale on Saturday, May 23, 1942, pre- sented and read. Councilman Thompson moved that the request be granted. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Catherine S. Lund, beck, refered to the City Council by the Board of Supervisors, request- ing suspension of the 1941 taxes on Lot 242, Woodlawn Park, and Lot 11, Cox's Addition, presented and read. Councilman Wharton moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Communication of The Key City Gas Company submitting the an- nual report of The Key City Gas Company, required by ordinance and covering the financial opera- tions of the company for the calen- dar year 1941, presented and read. Councilman Murphy moved that the communication with attached annual report be refered to the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. Waiver and RCease of Damage The undersigned, being the own- er of the following described real estate, to -wit: Lot 1 of 3 of Block C, Industrial Subdivision, City of Dubuque, Iowa, which abuts Salina Street, City of Dubuque, Iowa, in which street the Illinois Central Railroad Company proposes to con- struct a spur track, from a track in said street into the premises de- scribed as Lots 7, 8 and 9, Block 13, Dubuque Harbor Company's Addi- tion, Dubuque, Iowa, pursuant to authority granted by the City of Du- buque, Iowa, in Ordinance No. 4- 42, approved on final reading Jan- uary 27, 1942, in consideration of the building of said spur track by sail Railroad Company, does hereby forever waive and release any and all claims the undersigned has or may have for damages against the Illinois Central Railroad Company, its successors and assigns, result- ing from the construction of the aforesaid spur track in Salina Street. Dated this 27th day of January, 1942. Maizewood Insulation Company. By H. A. Hauptli, Pres. W. M. Tschirgi, Sec. State of Iowa SS: County of Dubuque On this 27th day of January, A. D. 1942, before me, a Notary Public in and for said County, personally appeared H. A. Hauptli and W. M. Tschirgi, to me personally known, who being by me duly sworn, did say that they are President and Sec- retary, respectively, of said corpor- ation, that the seal affixed to said instrument is the seal of said cor- poration and that said instrument was signed and sealed on behalf of the said corporation by authority of its board of directors and the said H. A. Hauptli and W. M. Tschirgi as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. MARSHALL THOMAS, Notary Public in and for Dubuque County, Iowa. Councilman Wharton moved that the Waiver and Release for Damage be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: 26 Special Session, February lith, 1942 Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. Waiver and Release of Damage The undersigned, being the own- er of the following described real estate, to -wit: Lots 10 and 11, Block 13, Dubuque Harbor Com- pany's Addition, City of Dubuque, Iowa, which abuts Salina Street, City of Dubuque, Ia., in which street the Illinois Central Railroad Com- pany proposes to construct a spur track, from a track in said street in- to the premises described as Lots 7, 8 and 9, Block 13, Dubuque Harbor Company's Addition, Dubuque, Iowa, pursuant to authority granted by City of Dubuque, Iowa, in Ordinance No. 4-42 approved on final reading Jan. 27, 1942, in consideration of the building of said spur track by said Railroad Company, does hereby forever waive and release any and all claims the undersigned has or may have for damages against the Illinois Central Railroad Company, its successors and assigns, resulting from the construction of the afore- said spur track in Salina Street. Dated this 27th day of January, 1942. PETER J. SEIPPEL LUMBER CO. By Jos. A. Meuser, Pres. Katharine J. Seippel, Secy. State of Iowa SS: County of Dubuque On this 27th day of January, A. D. 1942, before me, a Notary Public in and for said County, personally ap- peared Jos. A. Meuser and Kath. J. Seippel, to me personally known, who being by me duly sworn, did say that they are President and Sec- retary, respectively, of said corpor- ation, that no seal has been pro- cured by the said corporation and that said instrument was signed and sealed on behalf of the said corpora- tion by authority of its Board of Di- rectors and the said Jos. A. Meuser and K. J. Seippel as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. K. G. ESCHEN, Notary Public in and for Dubuque County, Iowa. My Commission expires July 4, 1942. Councilman Wharton 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 Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Waiver and Release of Damage The undersigned, being the own- er of the following described real estate, to -wit: Lots 7, 8 and 9, Block 13, Dubuque Harbor Com- pany's Addition, Dubuque, Iowa, which abuts Salina Street, City of Dubuque, Iowa, in which street the Illinois Central Railroad Company proposes to construct a spur track, from a track in said street into the premises described as Lots 7, 8 and 9, Block 13, Dubuque Harbor Com- pany's Addition, Dubuque, Iowa, pursuant to authority granted by the City of Dubuque, Iowa, in Ordin- ance No. 4-42, approved on final reading January 27, 1942, in consid- eration of the building of said spur track by said Railroad Company, does hereby forever waive and re- lease any and all claims the under- signed has or may have for dam- ages against the Illinois Central Railroad Company, its successors and assigns, resulting from the con- struction of the aforesaid spur track in Salina Street. Dated this 28th day of January, 1942. MEYER MARMIS. SAM MARMIS. DAVID SOLOMON. State of Iowa SS: County of Dubuque On this 28th day of January, 1942, before me, a Notary Public in and for Dubuque County, Iowa, person- ally appeared Meyer Marmis, Sam Marmis and David Solomon, to me known to be the persons named in and who executed the foregoing in- strument, 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 Wharton 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 Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. February 10, 1942 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, also a list of claims and payrolls for which warrants were drawn during the month of January, 1942. Respectfully submitted, A. A. RHOMBERG, City Manager. Special Session, February 17th, 1942 27 Councilman Schueller moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Proofs 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 December, 1941, presented and read. Councilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. February 17, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith Submitted are Fire Protection agreements with institutions outside the corporate limits which have been renewed for the period from February 1, 1942, to February 1, 1943. As provided for in Section 5766.1 of the 1939 Code of Iowa, the jurisdiction of the City for fire purposes is extended to the fol- lowing institutions: Hillcrest Baby Fold, St. Joseph's Sanitarium, Home of the Good Shepherd, Mount St. Agnes Novitiate, Brunswick Radio Corporation, E. E. Frith Co., Inc., St. Francis Home for the Aged, Im- maculate Conception Academy, Sis- ters of St. Francis Convent, and St. Mary's Orphan Home. I recommend the approval of these agreements by the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved and the Agreements accepted and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun• cilmen Murphy, Schueller, Thomp, son, Wharton. Nays—None. February 17, 1942. To the Honorable Mayor and Cit., Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol icy and bond and desire to hav( your approval on same for filing: EXCAVATION H. B. McCarten, 231 West Fiftl Street; Policy No. 0 90221, Ameri can Employers' Insurance Co. Louis Buechel, 1043 Main Street; Bond No. 4387314, Fidelity and De- )osit Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson m o v e d that the bonds be approved and placed on file. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. January 30, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Wm. A. Haller for Suspension of Taxes on Lot 27, McCraney's 2nd Add. asking that the 1941 taxes be sus- per►ded because of age and infirm- ity, I recommend that the Petition be approved by the City Council of the City of Dubuque and notifica• tion of such approval be given to the Board of Supervisors of Du- buque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicit- or Kintzinger be approved and the petition of Wm. A. Haller request- ing suspension of the 1941 taxes on Lot 27, McCraney's 2nd Addition be granted and the Board of Supervis- ors to be notified of the action of the City Council. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 5-42. An Ordin- ance providing for the vacation of the area between Elm and Pine Streets from 15th to 16th Streets, and also for the conveyance of said vacated area to B. F. Klauer, J. C. Loosbrock and J. A. Rhomberg, said ordinance having been passed upon first and second readings on January 27th, 1942, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, pre- sented and read a third time. Ordinance No. 5-42 AN ORDINANCE providing for the vacation of the area between Elm and Pine Streets from 15th to 16th Streets and also for the con. veyance of said vacated area to B. F. Klauer, J. C. Loosbrock and J. A. Rhomberg. 28 Special Session, February- lith, 1942 Whereas, the property located be- tween Elm and Pine Streets from 15th to 16th Streets is located with- in the heavy industrial district with- in the City of Dubuque as delimited by the zoning map of said City and all of the real estate abutting upon the alley between Elm and Pine Streets from 15th to 16th Streets is owned by B. F. Klauer, J. C. Loos- brock and J. A. Rhomberg, and the said alley is not needed for street or public purposes and the vacation thereof will not injure, damage or interfere with the use of or accessi- bility to private property .situated within such district, now, therefore, Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That the alley between Elm and Pine Streets from 15th to 16th Streets be and the same is hereby vacated. Sec. 2. That, in consideration of the sum of One Dollar and other valuable considerations, the receipt whereof is hereby acknowledged, said vacated area be and the same is hereby sold, granted and convey- ed to B. F. Klauer, J. C. Loosbrock and J. A. Rhomberg, subject, how- ever, to the reservation that all sewers, drains and water mains lo- cated upon or within the vacated area shall continue to be the prop- erty and under the supervision and control of the City of Dubuque its officers and employes, including the right and power to enter upon the premises for all proper public uses and purposes and, in the event any repairs or replacements become nec- essary in or upon such sewers, wa- ter mains or services because of any action or conduct upon the part of said grantees, its agents or em- ployes such sewers, water mains and services shall be repaired or re- built at the expense of the grantees. Sec. 3. That said grantees be and they are hereby directed and auth- orized to cause a plat to be made of said vacated area, wherein the same shall be given a legal description, whereupon the City of Dubuque will convey said land to said grantees by Quit Claim Deed and the Mayor and Clerk of said City are hereby authorized and directed to execute said deed on behalf of said City. Sec. 4. That the Clerk be and he is hereby directed to file in the of- fice of the County Recorder of Du- buque County a certified copy of this Ordinance. See. 5. That this Ordinance shall be in foroe and effect upon its final passage, adoption and approval by the City Council and publication as provided by law and the rights here- of shall accrue to the grantees, its successors and assigns when this Ordinance has been accepted by said grantees, which acceptance shall be endorsed hereon, and when the costs and expense of publishing the same has been paid by said grantees. Passed upon first and second reading this 27th day of January, 1942. Passed, adopted and approved up- on final reading this 17th day of February, 1942. FRANK VAN DUELMAN, F. W. THOMPSON, Mayor. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Attest: J. J. SHEA, City Clerk. Acceptance of Ordinance No. 5-42 The grantees, having knowledge of all the terms and conditions of Ordinance No. 5-42, do hereby ac- cept Ordinance No. 5-42, as adopt- ed by the City Council of the City of Dubuque, on this 17th day of Feb- ruary, 1942, and agrees to comply with all of the terms and conditions therein set forth. Signed this 13th day of February, 1942. B. F. KLAUER., J. C. LOOSBROCK, J. A. RHOMBERG, Published officially in The Tele- graph -Herald newspaper this 23rd day of February, 1942. J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—Noce. Ordinance No. 7-42. An Ordin- ance granting to Farley & Loetsch- er Mfg. Co., its successors and/or assigns the right to install four underground storage tanks at the Southwest corner of Ninth and Jack- son Streets under the level of Jack- son Street and to attach and main- tain pipes and equipment in con- nection therewith, all in accordance with the plans now on file in the of- fice of the City Clerk, said ordin- ance having been passed upon first and second readings on January 27th, 1942, and ordered placed on file with the City Clerk for public inspeettion for at least one week before its final adoption, presented and read a third time. Ordinance No. 7---42 An Ordinance granting to Farley & Loetscher Mfg. Co., its successors and/or assigns the right to install Special Session, February 17th, 1942 29 four underground storage tanks at the Southwest corner of 9th and Jackson Streets, under the level of Jackson Street and to attach and maintain pipes and equipment in connection therewith, all in accord- ance with the plans now on file in the office of the City Clerk. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That Farley & Loetsch- er Mfg. Co., its successors and as- signs be and they are hereby grant- ed the right and authority to in- stall four underground storage tanks at the Southwest corner of Ninth and Jackson Streets, part of said tanks being under the street level of Jackson Street, and to at- tach and maintain pipes and equip- ment in connection therewith, all in accordance with the plans now on file in the office of the City Clerk. Any sidewalks or streets torn up in the excavation are to be replaced at the cost of Farley & Loetscher Mfg. Co. Sec. 2. That all of the matters and things herein authorized shall be constructed under the direction and supervision of the City Man- ager and Building Inspector. Sec. 3. As a consideration for the rights and privileges hereby grant- ed the said Farley & Loetscher Mfg. Co., its successors and/or assigns, does hereby agree to pay for on be- half of the City of Dubuque, any and all sums of money which the City of Dubuque shall become obligated to pay by reason of any liability im- posed upon the City for damages of any kind which may be caused or sustained by anyone because of the construction and maintenance of the matters and things hereinbefore authorized. The Farley & Loetscher Mfg. Co. hereby agrees, at its own expense, to defend for and on behalf of the City any and all claims and, or suits, at law or in equity, and any and all other proceedings brought against the City because of the enactment of this Ordinance and, or the erec- tion, installation and operation of the matters in connection therewith even if the same be groundless, false or fraudulent. The Farley & Loetscher Mfg. Co. agrees to pay any and all claims al- lowed against the City, together with any and all court costs and any and all damages, costs, and ex- penses incurred by the City in con- nection with such claims or suits growing out of the matters and t h i n g s hereinbefore granted. All such payments are to be made when the claims are finally allowed and when judgments are finally entered. Sec. 4. It is understood and pro- vided that the right and permission to use and occupy such portions of such sidewalks and streets for the purpose herein stated is subject to the continuous control of the City Council of the City of Dubuque, re- serving the right to said City Coun- cil to impose restrictions and condi- tions upon the enjoyment thereof, as may be reasonably necessary for the protection of the public interest including the right to revoke and rescind any and all such rights and permissions if at any time the pub- lic interest' should so require. Sec. 5. Should the rights and privileges herein granted be re- scinded or revoked, said Farley & Loetscher Mfg. Co., its successors and/or assigns, at its own expense and upon receipt of notice, agrees to remove the structures herein authorized and to restore the side- walk and streets to as good condi- tion as they were in before con- struction within thirty days after receipt of said notice. Sec. 6. This Ordinance becomes effective upon its final passage and adoption and publication as pro- vided by law and the rights here- under shall accrue to Farley & Loetscher Mfg. Co., its successors and/or assigns, when this Ordin- ance has been accepted by said Company, which acceptance shall be endorsed hereon and when the cost and expense of publishing the same has been paid by said Com- pany. Passed upon first and second reading this 27th day of January, 1942. Passed, adopted and approved up- on final reading this 17th day of February, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Acceptance of Ordinance No. 7-42 Farley & Loetscher Mfg. Co. hav- ing knowledge of all the terms and conditions of Ordinance No. 7-42„ does hereby accept Ordinance No. 7 —42 as adopted by the City Council of the CIty of Dubuque, on this 17th day of February, 1942, and agrees to comply with all of the terms and conditions therein set forth. Signed this 18th day of February, 1942. FARLEY & LOETSCHER MFG. CO. By Robert F. Loetscher, Supt. 30 Special Session, February 17th, 1942 Published officially in The Tele- graph -Herald newspaper this 20th day of February, 1942. J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the ordinance. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 12-42 Whereas, application for C l a s s "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 follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. CLASS "C" PERMIT Name. Address. Mrs. Frances Savary, 892 Cleve- land Avenue. Passed, adopted and approved this 17th day of February, 1942. FRANIi VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- iedr by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 13-42 Whereas, heretofore application was filed by the within named ap- plicant for Class "C" Beer Permit and it has received the approval of this Council: 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 Man- ager be and he is hereby directed to issue to the following named ap- plicant a Beer Permit. CLASS "C" PERMIT Name. Address. Mrs. Frances Savary, 892 Cleve- land Avenue. 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 February, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Cbuncilman Schueller. Car- ried by the following vote: Teas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Peas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved %4A.�. 13 0:6-1.1942. Adopted Councilmen: 9"k, . .. .. Attest: City Clerk. Special Session, February 24th, 1942 31 City Council (Official.) Special Session, February 24th, 1942. Council met at 7:40 P. M. Present—M a y o r Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Thompson. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meet- iug is called for the purpose of con- sidering for final approval the Agreement between the Carlton D. Beh Co. and the City of Dubuque for the purchase of $8,000.00 Street Improvement Bonds and acting on any other business as may properly come before a regular meeting of the City Council. Dubuque, Iowa February 11th, 1942. To the Mayor and City Clerk, Dubuque, Iowa. Gentlemen: For $8,000.00 Street Improvement Bonds to be issued by your City, bearing interest at the rate of 5% per centum per annum, payable semi-annually; both prin- cipal and interest payable at the of - flee of the City Treasurer, Dubuque, Iowa, said bonds to be with option of prior' payment, and to be dated January 26, 1942, and to become due and payable as follows: As stated in notice of sale. We will pay you par and a premium of $170.00 to- gether with accrued interest, said bonds to be delivered on or about March 1, 1942. Provided, that prior to delivery of bonds and payment therefor, the City is to promptly furnish *ithout cost to us a certi- fied transcript of the legal proceed- ings pertaining to this bond issue which shall show their Iegality to the satisfaction of our attorneys, and furnish such other legal pro- ceedings and take such further ac- tion as they may require for this purpose. The printed bonds are to be furnished and paid for by the City and the final approving attor- ney's opinion is to be furnished and paid for by the Purchaser. Respectfully submitted, CARLETON D. BEH CO. By J. H. Becker. The above and foregoing proposi- tion having been accepted this 13th day of February, 1942 by the City of Dubuque and the Mayor and City Clerk authorized to accept thio agreement, we hereby agree to de, liver the above bonds to Carlton D, Beh Co., Des Moines, Iowa, when issued. Approved and the Mayor and City Clerk authorized to exe- cute this agreement on behalf of the City of Dubuque, Iowa, this 24th day of February, 1942. CITY OF DUBUQUE, STATE OF IOWA. Frank J. Van Duelman, Mayor. J. J. SHEA, City Clerk. Councilman Murphy moved that the Agreement be approved and the Mayor and City Clerk authorized to execute the same on behalf of the City of Dubuque. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of John G. Orvis request- ing that the City accept the assess- ments, with interest, levied against his property at 2120 Grace Street for the paving of both Grace Street and Algona Street, and further re- questing that the penalties be can- celled, presented and read. Councilman Wharton moved that the petition be refered to the City Manager and City Treasurer for in- vestigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of John Beerman re- questing a refund in the amount of $50.00 on Class "B" Beer Permit No. 54 expiring on July 1, 1942, and a refund in the amount of $25.00 on Cigarette Permit No. 95 expiring on July 1, 1942, as he is discontinuing business at 2776 Jackson Street, presented and read. Councilman Murphy moved that the petition be granted and that the City Auditor be instructed to draw a warrant in the amount of $50.00 in favor of John Beerman and Mathil- da Beerman to cover the amount of refund granted on the unexpired portion of Class "B" Beer Permit No. 54 and also to draw a warrant in the amount of $25.00 in favor of John Beerman to cover the amount of re- fund granted on the unexpired por- tion of Cigarette Permit No. 95. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Cecelia Howe, referred to the City Council by the Board of Supervisors, requesting suspension 32 Special Session, February 24th, 1942 of the 1941 taxes on Lot 17 of Yates Subdivision, presented and read. Councilman Murphy moved that the petiLion be refered to the City Solicitor for investigation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. Verbal report of City Solicitor Kintzinger recommending the grant- ing of the petition of Cecelia Howe for suspension of the 1941 taxes on Lot 17 of Yates Subdivision, pre- sented. Councilman Murphy moved that the recommendation of City So- licitor Kintzinger be approved and the Board of Supervisors to be no- tifled of the action of the City Council. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wha1•ton. Nays—None. February 20, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Catherine S. Lundbeck for Suspension of Tax- es on Lot 242, Woodlawn Park, Lot 11, Cox Add. asking that the 1941 taxes be sus- pended because of age and infirm- ity, I recommend that the petition be approved by the City Council of the City of Dubuque and notifica- tion of such approval be given to the Board of Supervisors of Du- buque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Thompson m o v e d that the recommendation of City Solicitor Kintzinger be approved and the petition of Catherine S. Lundbeck requesting suspension of the 1941 taxes on Lot 242 of Wood - lawn Park Addition and Lot 11 of Cox Addition be granted and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. February 12, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to at- tached petition of Mr. K. W. Elliott, the Planning and Zoning Commis- sion recommends to your Honorable Body the extension of the present Multiple Residence District on Prairie Street, near Eleventh, south- ward to include all of City Lot 822. This extension will include the area requested by Mr. Elliott. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION. Richard V. McKay, Secy. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved and the City Solicitor to be instructed to prepare the proper proceedings. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. Dubuque, Iowa, February 24th, 1942. To the Honorable Mayor and City Council of the City of Dubuque, Ia. Gentlemen: Section 718.04 of the Code of Iowa, 1939, Permanent Reg- istration, provides that the Com- missioner of Registration shall ap- point such deputies and clerks as may be necessary, to assist in the registration of voters at the central registration office, said deputies and clerks to be equally divided be- tween the members of the two poli- tical parties receiving the highest vote at the last general election, said appointments shall be subject to the approval of the City Council. I herewith recommend for your approval the following named per- sons to assist in the registration of voters at the central registration of- fice, such persons to be designated as deputies and clerks of registra- tion. Democratic—Mr. R. P. Marshall and Miss Gladys E. Theis. Republican—Mr. Otto F. Puls and Miss Geraldine L. Demkier. Respectfully submitted, J. J. SHEA, Commissioner of Registration. City of Dubuque, Iowa. Councilman Thompson m o v e d that the recommendation of the Commissioner of Registration be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. Dubuque, Iowa, February 24th, 1942. To the Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: Section 718.04 of the Code of Iowa, 1939, Permanent Reg- Special Session, February 24th, 1942 33 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 precinct, who shall have charge of the elec- tion register: First Precinct—Democratic, Mrs. Vera Ham; Republican, Mrs. Lillian Jones. S e c o n d Precinct— Democratic, Mrs. Margaret Kinsella; Republi- can, Mrs. Geo. R. Fox. Third Precinct—Democratic, Mrs. Lucille Mrillen; Republican, Mrs. Pearl Hoerner. F o u r t h Precinct— Democratic, Mrs. Mary Hughes; Republican, Mrs. Martha Hunt. Fifth Precinct—Democratic, 'Mrs. Margaret Lavery; Republican, Mrs. F. W. Trader. Sixth Precinct—Democratic, Mrs. Lillian Fleege; Republican, Mrs. Hazel Yokom. Seventh Precinct — Democratic, Mrs. Cece;ia Weber; Republican, Mrs. Cora Wolf. Eighth Precinct — Democratic, Mrs. Jennie I. Starr; Republican, Mr. J. W. Millin. N i n t h Precinct — Democratic, Belle Leidinger; Republican, Mrs. Edna Widdowson. Tenth Precinct—Democratic, Mrs. Agnes Hird; Republican, Mrs. Hat- tie Donatsch. Eleventh Precinct — Democratic, Mrs. Ida Murray; Republican, Car- rie Saunders. Twelfth Precinct — Democratic, Mrs. Kate Beringer; Republican, Mrs. Helen Stansfield. Thirteenth Precinct—Democratic, Mrs. Freda Foell; Republican, Mrs. Marguerite Liddle. Fourteenth Precinct—Democratic, Mrs. Evelyn Ender; Republican, Mrs. Dorothy Bauer. Fifteenth Precinct — Democratic, Mrs. Gertrude O'Leary; Republican, Mrs. Helen Hohnecker. Respectfully submitted, J. J. SHEA, Commissioner of Registration, City of Dubuque, Iowa. Councilman Schueller moved that the recommendation of the Com- missioner of Registration be ap- proved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 9-42. 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" by striking from Article VII, Light Industrial District, Section 1, Use Regulations, Subdivision "(28) .Junk or scrap storage or bailing of paper, rags or metals" and by inserting in Article VIII, Section 1, Use Regulations, Subdivision "(9) Junk or scrap storage or bailing of paper, rags or metals," said ordinance having been passed upon first and second read- ings on February 17th, 1942, and or- dered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, presented and read a third time. Ordinance No. 9-42 An Ord i n a n c e 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" by striking from Article VII, Light Industrial District, Sec- tion 1, Use Regulations, Subdivision "(28) Junk or scrap storage or bail- ing of paper, rags or metals" and by inserting in Article VIII, Section 1, Use Regulations Subdivision "(9) Junk or scrap storage or bailing of paper, rags or metails." Wherefore, the Planning and Zon- ing Commission of the City of Du- buque has recommended that the Planning and Zoning Ordinance of the said City be changed so as to permit the use of buildings and premises for junk or scrap storage or bailing of papers, rags or metals upon the approval of the Board of Adjustment. Whereas, notice of such proposed change has been published as pro- vided by law and an opportunity af- forded to any and all parties inter- ested and citizens to object thereto at a public meeting held at 7:30 P. m., February 17th, 1942. Whereas, no objections have been filed or made to the proposed changes: Now, Therefore, Be It Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map of the City of Dubuque be and the same is hereby a m e n d e d and changed as follows: By striking from Article VII, Light Industrial District, Section 1. Use Regulations, Subdivision "(28) Junk or scrap storage or bailing of papers, rags or metals" and by add. ing to Article VIII Heavy Industrial 34 Special Session, Fe District, Section 1, Use Regulations, Subdivision "(9) Junk or scrap storage or bailing of papers, rags or metails." Sec. 2. 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 and second readings this 17th day of February, 1942. Passed, adopted and approved on final reading this 24th day of Feb- ruary, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 26th day of February, 1942. J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the Ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 10-42. An Ordin- ance amending an Ordinance en- titled "Ordinance No. 99 changing the names of Streets and Avenues within the City of Dubuque" by changing the name of Dodge Street running North and West from where Bodge Street intersects with Fremont Street to the name of Lombard Avenue, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Thompson m o v e d that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. The ordinance was then read a second time. Councilman Thomp- Regular Session, March 2nd, 1942 35 City Council (Official.) Regular Session, March 2nd, 1942. Council met at 7:50 P. M. Present—M a y o r Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Petition of Vincent John Kolb, Fireman, requesting a leave of ab- sence as provided for by Resolution No. 14-41 as he has been inducted in the armed forces of the United States under the Selective Service Act, presented and read. Councilman Murphy moved that the request be granted and made a m a t t e r of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Ed. Bartels and Sons, Proprietors of the Bartels Cabin Camp, requesting that fire protec- tion be extended to their property known as the Bartels Cabin Camp, located approximately one mile from Dubuque on Highway No. 20, presented and read. Councilman Wharton moved that the City Manager be instructed to enter into an Agreement with Ed. Bartels and Sons for the extension of fire protection to their property known as the Bartels Cabin Camp and also to enter into an agreement with Geo. A. Burden and Geo. R. Burden for the extension of fire pro- tection to their property known as Four Mounds. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of the Rev. M. J. Martin, President of Loras College, request- ing permission for the sponsoring of the sale of "Remember Pearl Harbor" buttons, the closing of the campaign to be March 10th, 1942, presented and read. Councilman Thompson m o v e d that the request be granted. Sec• onded by Councilman Schueller Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Proofs 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 January, 1942, pre- sented and read. Councilman Murphy moved that the proofs of publication be re- ceived and filed. Seconded by Coun- ciiman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. February 26th, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held February 24th, 1942, the petition of John G. Orvis requesting the City to accept the assessments with interest against his property at 2120 Grace Street for the paving of both Grace and Algona Streets and further request- ing that the penalties be cancelled was referred to the City Manager and City Treasurer for investiga- tion and report. We have searched the records and find that the West 62 feet of the North % of Lot 10 of Ann O'Hare's Sub. was assessed $149.76 on September 15, 1931 (Fund 921) for the paving of Algona Street, and $166.55 on December 7, 1931 (Fund 925) for the paving of Grace Street. Two installments of $15.00 each were paid for Algona Street and one installment of $16.65 was paid for Grace Street. The following is the status of the delinquent special as- sessments if payment is made by March 15, 1942: Fund 921 Fund 925 Principal............$119.76 $149.90 Interest .............. 59.88 54.95 Advertising ...... 2.40 3.00 Penalty .............. 60.58 68.34 $242.62 $276.19 We recommend that upon the pay- ment of $389.89 by John G. Orvis by March 15, 1942, that a warrant be ordered drawn in the amount of $128.92 on the Improvement Fund in payment of the penalties. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and the City Au- ditor to be instructed to draw a war. 36 Regular Session, March 2nd, 1942 51 rant in the amount of $128.92 on the Improvement Fund in payment of the penalties as recommended. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. February 25, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. In re: Claim of Mrs. Theresia Krueger. Gentlemen: With reference to the above claim which has been sub- mitted to me for investigation. The investigation shows that Mrs. Krue- ger, in going from Garfield Avenue toward Rhomberg Avenue on the South side thereof, tripped over part of the cement sidewalk, which has been raised by the roots of a tree, and fell to the sidewalk; that she received injuries which required the attention of a physician; that the physician's bill amounts to $48.50 and other actual expenses amounts to about $15.00; that Mrs. Krueger has been unable to go out to do work that she did before the accident; that she has agreed to ac- cept $75.00 in full payment for her claim against the City; that I feel that the City is liable and that her claim should be paid. I therefore recommend that her claim should be allowed in the sum of $75.00, and that a Warrant be is- sued for that amount and delivered to her upon the execution of a pro- per release to the City. Yours truly, JOHN J. KINTZINGER. Councilman Murphy moved that the recommendation of City Solic- itor Kintzinger be approved and the City Auditor to be instructed to draw a warrant in the amount of $75.00 in favor of Mrs. Theresia Krueger as settlement in full of her claim and that said warrant be de- livered upon receipt of a proper re- lease. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Dubuque, Iowa, March 2, 1942. To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: This is to advise that under date of February 27, 1942, the Civil Service Commission received a communication from Otto F. Puls, Secretary, Trustees of the Police P e n s 10 n and Retirement Board (Copy of said communication is hereto attached) advising that Leo William Keuper, Gus Fecker and Burton F. Bennett have success. fully passed their medical examina- tion as entrants to the Police De- partment and report thereof has been approved by the Trustees of the Police Pension and Retirement Board. In accordance with the pro- visions of Chapter 289 of the Code of Iowa, 1939, the Civil Service Commission does hereby certify a corrected list of certifications. Names. Average. Kueper, Leo William ..............74.00% Fecker, Gus ..............................73.00% Bennett, Burton F ...................70.28% Respectfully submitted, JOHN SCHAETZLE, Chairman. C. S. HARKER, FRANCIS P. QUINN, M.D., Commissioners. J. J. SHEA, Clerk. Subscribed and sworn to before me this 2nd day of March, 1942. GERALDINE L. DEMKIER, Notary Public. Councilman Thompson m o v e d that the communication be received and made a matter of record. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Dubuque, Iowa, March 2, 1942. To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: This is to advise that under date of February 27, 1942, the Civil Service Commission received a communication from Otto F. Puls, Secretary, Trustees of the Fire Pen- sion and Retirement Board (Copy of said communication is hereto at- tached) advising that Frank Rich- ard Kaiser, Elmer J. Lynch and Louis J. Knoernschild have success- fully passed their medical examina- tion as entrants to the Fire Depart- ment and report thereof has been approved by the Trustees of the Fire Pension and Retirement Board. In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Civil Service Commission does hereby certify a corrected list of certifications. Names. Average• Kaiser, Frank Richard ..........80.00% Lynch, Elmer J .......................79.25% Regular Session, March 2nd, 1942 37 Knoernschild, Louis J...........78.88% Respectfully submitted, JOHN SCHAETZLE, Chairman. C. S. HARKER, FRANCIS P. QUINN, M.D., Commissioners. J. J. SHEA, Clerk. Subscribed and sworn to before me this 2nd day of March, 1942. GERALDINE L. DEMKIER, Notary Public. 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 Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 14-42 Whereas, the Planning and Zon- ing Commission of the City of Du- buque recommended to the City City Council the rezoning of City Lot 822, City of Dubuque, Iowa, from "Two Family District" to "Multiple Residence District." Whereas, the City Council deems it advisable to amend the Zoning Ordinance of the City of Dubuque to comply with the recommenda- tions made by the Planning and Zoning Commission. Whereas, before the Zoning Map and the Zoning Ordinance of the City of Dubuque may be amended and changed it is necessary that a public hearing be held. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: That there should be a public hearing on the question of changing the area contained in City Lot 822, City of Dubuque, Iowa, from "Two Family District" classification to "Multiple Residence District" clas. sification, and that the City Clerk be and he is hereby directed to cause to be published in the Official Newspaper of the City of Dubuque notice of such hearing to be held by this Council upon the proposed change and amendment, that the time and place be and the same is herebyfixed for said hearing at 7:30 P. M. on the 20th day of March, 1942, in the City Council Chamber in the City Hall, Dubuque, Iowa. Said notice to be so published so as to leave at y ofthe least fifteen tweenthe dapublication and the time fixed for said hearing, and that at said hearing any and all shall interested anparties and Opportunity to heard. Passed, adopted and approved this 2nd day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 15-x42 Whereas, applications for Class "B" Beef 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 and the same are hereby approved and it is or- dered that the premises to be occu- pied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name Address Henry Jansen and Lucille Jansen, 504 Central Avenue. Roy A. W r i g h t and Esther Wright, 2600 Jackson Street. W. F. Trimpler and Jerry Trimp- ler, 659 Central Avenue. Hubert M. Fischbach and Ethel Fischbach, 1255 Central Avenue. Mrs. Anna Heiar, 1900 Washing- ton Street. Paul Crawford, 2774-76 Jackson Street. Erwin M. Grab and Helen Grab, 1575 Central Avenue. Mrs. Elizabeth Grimme and Wm. F. Hansen, 310 East 30th Street. Philip Johnson and Marvel John- son, 1555 Central Avenue. H. L. Barrett, 236 West First Street. Passed, adopted and approved this 2nd day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, 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 Van Duelman, Coun- 38 Regular Session, March 2nd, 1942 cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 16-42 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they have received the appro- val of this Council; and Whereas, the premises to be oc- cupied by such applicant have been inspected and found to comply with the ordinance 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 herby directed to issue to the following named appli- cants a Beer Permit. CLASS "B" PERMIT Name Address Henry Jansen and Lucille Jansen, 504 Central Avenue. Roy A. W r i g h t and Esther Wright, 2600 Jackson Street. W. F. Trimpler and Jerry Trimp- ler, 659 Central Avenue. Hubert M. Fischbach and Ethel Fischbach, 1255 Central Avenue. Mrs. Anna Heiar, 1900 Washing- ton Street. Paul Crawford, 2774-76 Jackson Street. Erwin M. Grab and Helen Grab, 1575 Central Avenue. Mrs. Elizabeth Grimme and Wm. F. Hansen, 310 East 30th Street. Philip Johnson and Marvel John- son, 1555 Central Avenue. H. L. Barrett, 236 West First Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 17-42 A Resolution in relation to the appropriation of the consolidated tax levy in ratio, as provided by law, for the fiscal year beginning April 1, 1942, and ending March 31, 1943. Whereas, the City Council of the City of Dubuque has heretofore caused to be levied a consolidated tax in accordance with the provis-' ions of Sec. 6217 of the 1939 Code of Iowa, included within which are the taxes for the General, Grading, Im- provement, Sewer and Light Funds, and the estimated revenue to be de- rived from such tax has been de- termined to be $242,675.00, and it is now deemed necessary and advis- able to determine the ratio upon which such funds and purposes in- cluded therein: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the estimated revenue from the consoli- dated tax levy be and the same is hereby appropriated in the ratio herein apportioned to the General, Grading, Improvement, Sewer and Light Funds, such sums to be set aside for the use of each of such funds, as provided by law, as fol- lows: General Fund ....................$182,875.00 Grading Fund .................... 10,000.00 Improvement Fund .......... 10,000.00 Sewer Fund ...................... 3,000.00 Light Fund ........................ 36,800.00 Total ............................... 1$242,675.00 Be It Further Resolved that the estimated revenue to be derived from the tax upon agricultural lands within the City be appropriated in the sum of $104.00 to the General Fund, making the total of said Gen- eral Fund $182,979.00. Be It Further Resolved that the provisions of this resolution are de- clared to be necessary as in the pre- servation of the best interests of the City of Dubuque and the same shall take effect and be in force from and after the adoption hereof by the City of Dubuque, as provided by law. Passed, adopted and approved this 2nd day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. March 2, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with the provisions of law, as City Mana- n..=dfi».a �k"txwe'EcR a«ae.�-'.x• . . Regular Session, '.March 2nd, 1942 39 ger, I have prepared an annual bud- get for the fiscal year April 1, 1942, to March 31, 1943, based upon es- timated income and expenses for the various departments of the City of Dubuque, including certain changes as were approved and auth- orized by the City Council. These estimates show departmental appro- priations for each department for the preceding year (1941-42) and al- so the increases or decreases, as were determined for the ensuing year (1942-43). The budget is submitted to the City Council for tentative approval and the same will be published as required by law in order that ob- jections thereto may be made be- fore final action is taken on this budget by the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson m o v e d that the communication of City Manager Rhomberg be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun• cilmen Murphy, Schueller, Thomp- ton, Wharton. Nays—None. 40 Regular Session, March 2nd, 1942 OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MANAGER AND CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA FOR THE FISCAL YEAR, 1942-43 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, 1942 and ending March 31, 1943, and such departmental estimates show expenses of each department for the preceding beapreparedialobudget for saidn thereto the City year hcausedas s on the basis of estimates of the expenses of the several departments of said City, such estimates showing therein not only the purpose for which the consolidated tax levy author- ized by Section 6217 of the Code of Iowa 1939 Is to be used, but in addition thereto, the purpose for which all other tax levies heretofore made are to be used, includ- ing revenues from miscellaneous sources, the apportion- ment of the consolidated tax levy having heretofore been determined by said Council and Incorporated in a reso- lution for such purpose. This 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 20th day of March, 1942 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 there- from, shall present his objections to -aid Council on or before that date. This notice is given pursuant to the direction of the City Council. 3-4-1T. J. J. SHEA, City Clerk. PROPOSED BUDGET FOR THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR, 1942.43 Distribution of Consolidated Tax Levy General Fund............................................................... $182.875.00 Grading Fund ...................................... 10,000.00 Improvement Fund ...................................................... 10.000.00 Sewer Fund .................................. ... ... ..... ...._ ........ 3.000.00 Light Fund.................................................................. 36.800.00 Total.....................................................................$242,675.00 SOURCES OF REVENUE FOR 1942-43 FISCAL OPERATION A—From Taxes Subtotals 19.548 $659,175.00 $18,505.00 $677,680.00 Road Tax on Agricultural Lands (Gen. Fund) 104,00 Library Tax on Agricultural Lands (Library Fund)................................................................... 74.00 ........... GRP VD TOTAL RECEIPTS FROM TAXES AS LEVIED AUGUST, 1941 ..............................$677,858.00 The above estimate Is based on a revised taxable value of $34,667,808.00, which Is the assessed value for 1942-43 operation upon which the 19.548 mill levy and the adjustment of moneys and credits equal to $18,505.00 amounts to $677,680.00, plus taxes on agricultural lands equal to $178.00 totals $677,858.00 as obtained from the County Auditor. The mlllage for 1941-42 operation was 19.270 mills on a taxable valuation of $34,636,610.00 amounting to $648,- 537.00 plus Moneys and Credits of $18,903.00, plus taxes on agricultural lands of $174.00 totalled $667,614.00. Levy Regular Moneys and Fund in Mills Tax Credits Total Consolidated ........ 7.000 $236,047.00 $ 6,628.00 $242,675.00 Bond & Interest 2.422 81,672.00 2,293.00 83,965.00 Fire Maintenance 3.292 111,009.00 3,117.00 114,126,00 Fire Equipment 0.362 12,207.00 342.00 12,549.00 Garbage Disposal & St. Cleaning 0.500 16.860.00 473.00 17,333.00 Park ........................ 0.625 21,075.00 592.00 21,667.00 Police Pension .... 0,375 12,645.00 355.00 13,000.00 Fire Pension ........ 0.625 21,075.00 592.00 21,667.00 Library ................. 0.894 30,147.00 846.00 30,993.00 Main Sewer .......... 0.379 12,780.00 359.00 13,139.00 Playground and Swimming Pool 0.367 12,376.00 347.00 12,723.00 Dock Operation .. 0.500 16,860.00 473.00 17.333,00 Dock Bond and Interest .............. 1.025 34,564.00 970.00 35,534.00 Snow Removal .... 0.182 6,137.00 172.00 6.309.00 Emergency ............ 1.000 33,721.00 946.00 34,667.00 Subtotals 19.548 $659,175.00 $18,505.00 $677,680.00 Road Tax on Agricultural Lands (Gen. Fund) 104,00 Library Tax on Agricultural Lands (Library Fund)................................................................... 74.00 ........... GRP VD TOTAL RECEIPTS FROM TAXES AS LEVIED AUGUST, 1941 ..............................$677,858.00 The above estimate Is based on a revised taxable value of $34,667,808.00, which Is the assessed value for 1942-43 operation upon which the 19.548 mill levy and the adjustment of moneys and credits equal to $18,505.00 amounts to $677,680.00, plus taxes on agricultural lands equal to $178.00 totals $677,858.00 as obtained from the County Auditor. The mlllage for 1941-42 operation was 19.270 mills on a taxable valuation of $34,636,610.00 amounting to $648,- 537.00 plus Moneys and Credits of $18,903.00, plus taxes on agricultural lands of $174.00 totalled $667,614.00. Regular Session, March 2nd, 1942 41 B. From Miscellaneous Sources, 1942.43 General Misc. Revenues Excavation Permits......................................................... $ 100,00 Police Court Returns ................................................... 9,900.00 Electrical Permits........................................................... 1,750.00 Plumbing Permits........................................................... 1,500.00 Building Permits............................................................... 2,000.00 Franchise Tax................................................................... 600.00 ScaleFees...................................................................... 250.00 State Highway Maintenance ....... ................................ 2,505.00 Sale of Real Property ................................................... 3,000.00 Dieting Prisoners.............................................................. 200.00 Health Dept. Receipts ................................................. 500.00 Ambulance Fees............................................................. 1,200.00 Dog Licenses ............................................... ............... 650.00 Business Licenses.......................................................... 4,250.00 Miscellaneous Rental .................................................. 900.00 Cigarette Permits........................................................... 15,500.00 Beer Permits...................................................................... 25,750.00 Miscellaneous Sales......................................................... 445.00 Milk Inspection Fees ..................................................... 2,000.00 Department Receipts .............................................. .. 500.00 Total General Miscellaneous Receipts ............$73,500.00 FIRE MAINTENANCE FUND Estimated Balance April 1, 1942 ................................$11,000.00 LIBRARY FUND Fines, Book Rentals .....................................................$ 2,000.00 PARK FUND Estimated Balance April 1, 1942 ................................$ 2,500.00 Collections and Concessions ........................................ 450.00 Total................................................................................$ 2,950.00 PLAYGROUND AND SWIMMING POOL FUND Swimming Pool Receipts ................................................$ 2,500.00 Skating Receipts ............................................................. 200.00 Athletic Field Fees ........................................................ 375.00 Total...........................................................................$ 3,075.00 DOCK FUND Estimated Balance April 1, 1942 ..............................$ 3,000.00 Oil Terminal Fees..................................................:.........2,500.00 HarborLeases.............................................................. 1.000.00 WharfageFees ..................................................... .. 5.500.00 Total.......................................................................... $12.000.00 POLICE PENSION FUND Estimated Balance April 1, 1942 .............................. $ 1,500,00 Contributions from Members ....................................... 1.450.00 Total..............................................................................$ 2,950.00 FIRE PENSION FUND Estimated Balance April 1, 1942 .................................$ 1,950.00 Contributions from Members ...................................... 2.250.00 Total.......................... ...... ............................................$ 4.200.00 DOCK BOND AND INTEREST FUND ock Bond Redemption SinkingTOTAL $ 1'000.00 ESTIMATED M SCELLANEOUS REVENUES.....................................................$114,675.00 TOTAL TAXES, MONEYS AND CREDITS 677,856.00 TOTAL ESTIMATED CITY REVENUES $792,533.00 WATER WORKS DIVISION (Self. Supporting) Estimated Balance April 1. 1942 ............................$ 20,000.00 Estimated 1942-43 Water Revenue ....................... 155,550.00 Total....................................................................$175, 550.00 ESTIMATEDREV- NUE AND WATER DIVISION ENUE T $968,083.00 CITY OF DUBUQUE, IOWA YEAR APP FOR THE 1311,q PPRRIL 11 19 2, TO MARCH943 GROUP 1—GENERAL ADMINISTRATION (General Fund) 1941-42 Proposed 1942-43 Item 101—Council Appropriations Appropriations ............$ ................ A. Salaries ... $ 1,500.00 e 42 Regular Session, March 2nd, 1942 B. Travel .............................................. 175.00 175.00 J. Miscellaneous ......... . _ _. ...... 25.00 25.00 Total..................................................$ 200.00 $ 1,700.00 Item 102 -City Manager's Office A. Salary City Manager .............•$ 5,200.00 •$ 5,720.00 A. Salary Secretary ............ I........... 1,920.00 2,112.00 A. Salary Stenographer ............... 1,320.00 1,452.00 B. Travel ............................................. 100.00 100.00 C. Office ................................................ 125.00 125.00 D. Printing ....................................... - 15.00 15,00 F. Maintenance .................................. 200.00 200.00 G. Material and Supplies ........... 325.000 325.00 Total ................. .................. ......... ...... .E 9,205.00 $ 10,049.00 stein 103 -City Clerk's Office A. Salary City Clerk ........................$ 2,500.00 $ 2,750.00 A. Salary Extra Help ...................... 150.00 150.00 G. Material and Supplies .............. 75.00 75.00 Total....................................................5 2.725.00 $ 2,975.00 Item 104 -City Auditor's Office A. Salary City Auditor ................'$ 1,960.00 •$ 2,156.00 F. Maintenance ................................. 50,00 50.00 G. Material and Supplies ............. 100.00 100.00 Total ......................................................$ 2,110.00 $ 2,306.00 Item 105 -City Treasurer's Office A. Salary City Treasurer ............O5 1,920.00 •$ 2,112.00 D. Printing and Advertising ........ 25.00 25.00 F. Maintenance ................................ 25.00 25.00 G. Material and Supplies .............. 150.00 150.00 1, Surety Bond .................................. 50.00 50.00 Total ....................................................; 2,170.00 $ 2,362.00 (*Note: 20% of Salaries of City Manager, City Auditor and City Treasurer are paid by Water Department.) Item 106 -City Solicitor's Office 600.00 A. Salary City Solicitor ................ .E 4,000.00 $ 4,400.00 B. Travel .............................................. 40.00 40.00 C. Office .............................................. 40,00 40.00 G. Material and Supplies ............. 85.00 86.00 Total ...................................................$ 4,165.00 $ 4,565.00 Item 108 -City Assessor's Office A. Salary City Assessor ................E 1,200.00 $ 1,320,00 A. Salary Deputies (3) ................. 1,125.00 1,800.00 G. Material and Supplies ............. 25.00 25.00 J. Board of Review ....... ................ 1,200.00 600.00 Total ....................................................$ 3,550.00 $ 8,745.00 Item 109 -Civil Engineer's Office A. Salary Instrument Man ... .... _$ 1,680.00 $ 1,848.00 A. Salary Rodmen ........................... 2,640.00 2,904.00 C. Office ............................................. 10.00 10.00 E. Equipment ......................................... :0.00 50.00 F. Maintenance .............................. 500.00 500.00 G. Material and Supplies .............. 500.00 500.00 Total ...................................................$ 5,380.00 $ 5,812.00 Item 113 -City Elections A. Salaries Clerks, Etc. ...............$ 500.00 ; 600.00 G. Material and Supplies ............. 400.00 400.00 J. Rents ................................................ 50.00 50.00 Total ............................................... $ 950.00 $ 950.00 'tem 114 -City Buildings A. Salaries Janitors ........................; 2,000.00 $ 2,200.00 E. Equipment ................................... 1,500.00 1,500.00 F. Maintenance and Repairs ......., 2,500.00 2,500.00 G. Material and Supplies .............. 1,000.00 1,000.00 H. heat and Light .......................... 2,900.00 2,900.00 Total .................................... $ 9,900.00 $ 10.100.00 Item 115 -Police Court A. Salary Police Judge ................$ 1,500.00 $ 1,650.00 Regular Session, March 2nd, 1942 43 G. Material and Supplies ............ 15.00 15.00 Total ...................................................$ 1,515.00 $ 1,665.OU Item 116 -Civil Service Commission G. Material and Supplies ..............$ 50.00 $ 100.00 J. Miscellaneous ............................. 50.00 100.00 Total ...................................................$ 100.00 $ 200.00 SUBTOTALS GROUP I -GEN- ERAL ADMINISTRATION $ 41,970.00 $ 46,429.00 GROUP 11 -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (General Fund) Rate Per Mo. A. Salary Chief of Police ..............$ 2,820.00 ( 1) @ $258.50 $ 3,102.00 A. Salary Senior Captain ................$ 2,160.00 ( 1) @ $198.00 $ 2,376.00 A. Salaries Captains ............. 3,840.00 ( 2) @ 176.00 4,224.00 A. Salaries Desk Sergeants ............ 5,690.00 ( 3) @ 173,25 6,257.00 A. Salaries Detectives .......... 7,440.00 ( 4) @ 170.50 8,184.00 A. Salaries Motorcycles ........ 3,600.00 ( 2) @ 165.00 3,960.00 A. Salaries Patrolmen (after 3 years) 38,280.00 (22) @ 159.50 42,108.00 A. Salaries Patrolmen (before 3 years) 5,040.00 ( 3) @ 154.00 5,544.00 A. Salaries Patrolmen (During first year) ........................ ( 0) @ 137.50 A. Salaries Matrons .............. 2,520.00 ( 2) @ 115.50 2,772.00 A. Salaries Special Officers 100.00 100.00 B. Travel .............. 50.00 50.00 C. Office ................ 425.00 425.00 D. Printing ........„ 5000 50.00 E. Equipment ...... 2,000.00 2,000.00 F. Maintenance ...... 2,200.00 2,200.00 G. Material and Supplies ...... 2,700.00 2,700.00 J-1. Feeding Prisoners ............ 1,500.00 1,500.00 J-2, Miscellaneous (Injuries) ............ 300.00 300.00 Total ............ .$ 80,715.00 $ 87,852.00 Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ............$ 2,820.00 ( 1) @ $258.50 $ 3,102.00 A. Salaries Senior Captains 4,080.00 ( 2) @ 187.00 4,488.00 A. Salaries Captains ............. 9,600.00 ( 5) @ 176.00 10,560.00 A. Salaries Lieutenants ........ 12,600.00 ( 7) @ 165.00 13,860,00 A. Salaries 165.00 Engineers ............ 7,200.00 ( 4) @ 7,920.00 A. Salaries Firemen (after 3 years) .. 48,120.00 (28) @ 159.60 b3,692.00 A. Salaries Firemen (before 3 years) 10,080.00 ( 6) @ 154.00 11,088.00 A. Salaries Firemen (during first year) 6,000.00 ( 4) @ 137.50 6,600.00 B. Travel .............. 50,00 50.00 C. Office ................ 650.00 650.00 D. Printing .......... 35.00 35.00 F-1. Maintenance 2,600.00 2,600.00 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 3000.00 1. Insurance ..... 400.00 400.00 J-1. Miscellaneous (Injuries) ............ 900.00 X00.00 J-2. Interest on Warrants ...... 60.00 60.00 J-3. Reserve for Emergency 632.00 521.00 Total ............$115,127.00 $125,126.00 (Fire Maintenance Tax -$114,126.00; Balance April 1. 1942-$11,000.00.) 44 Regular Session, March 2nd, 1042 Item 119B -Fire Equipment Fund E. Equipment .....$ 12,538.00 $ 12.549.00 Item 120 -Fire and Police Alarm (General Fund) G. Material and Supplies ............. 100.00 A. Salary City Electrician ............$ 1.950.00 $ 2.145.00 A. Salary Assistant ...................... 1,800.00 1.980.00 A. Salary Extra Help ......•• ......• 100.00 100.00 C. Office ............................................ 100.00 100,00 E. Equipment .................................. 150.00 150.00 M. Maintenance ................................. 150.00 150.00 G. Material and Supplies ............ 200.00 200.00 H. Heat, Light and Power ........... 100.00 100.00 Total ................................................... $ 4,550.00 $ 4.925.00 Item 121 -Building Commissioner's Office (General Fund and Misc. General Revenues) A. Salary Building Commissioner ............ •$ 3,000,00 •$ 3,300.00 2 Office ............................................... 25.00 25.00 F. Maintenance .... ........................ 150.00 150.00 G. Material and Supplies ............. 100.00 100.00 Total ...............................................$ 3,275.00 $ 3,575.00 (General Fund -$1,575.00; Fees -$2,000.00) (*NOTE: Includes Civil Engineering Duties) Item 122 -Plumbing Inspector's Office (General Fund and Misc, General Revenues) A. Salary Plumbing Inspector ...$ 2,160.00 $ 2,376.00 C. Office .............................................. 25.00 25.00 D. Printing .......... _ ......................._ . 15.00 15.00 G. Material and Supplies ............ 50.00 50.00 J-1. Plumbing Board .... _......... . _.... 180.00 180.00 Total .......................... ....................$ 2,430.00 $ 2.646.00 (General Fund -$1.146.00; Fees -$1.500.00) Item 123 -Electrical Inspector's Office (General Fund and Misc. General Revenues) A. Salary Electrical Inspector ....$ 2,220.00 $ 2.442.00 C. Office .............................. _............. 25.00 25.00 D. Printing ............. ......................... 15.00 15.00 F. Maintenance ........... _................ 175.00 175.00 G. Material and Supplies ............ 100.00 100.00 Total ................................................. $ 2,535.00 $ 2.757.00 (General Fund -$1,007.00; Fees -$1,750.00) Item 124 -Dog Pound (Misc. General Revenues) J. Enforcement Dog Ordinance $ 150,00 $ 150.00 SUBTOTALS GROUP I1, PRO- TECTION OF LIFE AND PRO- PERTY ..............................................$221.320.00 $239.580.00 GROUP 111 -HEALTH AND SANITATION Item 125 -Health Operation (General Fund and Misc, General Revenues) A. Salary Director (part time) ............$ 1,800.00 $ 1,980.00 A. Salary Sanitary Inspector ................ 1,450.00 1,595.00 A. Salary Clerk and Registrar .......... 1,080.00 1,452.00 A. Salary Restaurant Inspector ........ 1,080.00 1,188.00 A. Salary Head Nurse (10 Mo.) ....... 1,700.00 A. Salary Nurse (10 Mo.) ... 1,400.00 (12 Mo.) 1,848.00 A. Salary Nurse (10Mo.) .... 1,350.00 (12 Mo.) 1,782.00 A. Salary Nurse (10 Mo.) .. 1,250,00 (12 Mo.) 1.650.00 B. Travel .................................... 50.00 C. Office 50.00 ..................................... 150.00 D. Printing ................................ 50.00 150.00 50.00 E. Equipment ......................... 50.00 50.00 F. Maintenance ......................... 250.00 250,00 G. Material and Supplies .._ 400.00 400.00 J-1. Laboratory Expense .......... 900.00 900.00 J-2. Miscellaneous ........................ 100.00 100.00 Total ............................................$13,060.00 (General Fund -$12,945.00; Fees -$500.00) $13,445.00 Item 126 -Control of Contagious Diseases (General Fund) J. Control Of Contagious Diseases ................$ 1,200.00 $ 1,200,00 Item 127 -Sewer Maintenance (Main Sewer Fund) A. Salary Sewer Foreman ... .......$ 1,800.00 $ 1,848.09 Regular Session, March 2nd, 1942 45 A. Wages Laborers ........................ 8,500.00 8,500.00 E. Equipment .................................... 700.00 700.00 F. Maintenance ....................... ....... 700.00 700.00 G. Material and Supplies ............ 500.00 491.00 H. Power for Sewer Pumps .......... 900.00 900.00 Total ....................................................$ 13,100.00 $ 13,139.00 Item 128 -Garbage Disposal (General Fund) J. Contract for Garbage Collection and Disposal .............. $ 13,490.00 $ 15,490.00 Item 129 -Milk Inspection (General Fund and Misc. General Revenues) A. Salary Milk Inspector ..............$ 1,800.00 •$ 2,400.00 E. Equipment ..................................... 160.00 160.00 F. Maintenance of Car ................... 300.00 ................ G. Material and Supplies .............. 100.00 100.00 Total ...................................................$ 2,360.00 $ 2,660.00 (General Fund -$660.00; Fees -$2,000.00) (-NOTE: Includes Maintenance of Inspector's Car) SUBTOTALS GROUP III - HEALTH AND SANITATION $ 45,210.00 $ 45,934.00 GROUP IV -HIGHWAYS AND STREET LIGHTS Item 191 -Highways Administration (General Fund) A. Salary Timekeeper ....................$ 1,920.00 $ 2,112.00 F. Maintenance 100.00 100.00 G. Material and Supplies 150.00 150.00 Total ....................................................$ 2,170.00 $ 2,362.00 Item 132 -Street Repairing and Grading (General Fund and Grading Fund) A. Wages Laborers .......................$ 15,750.00 $ 17,325.00 E. Equipment 4,500.00 4,500.00 F. Maintenance ................................. 4,500.00 4,500.00 G. Material and Supplies 5,500.00 5,500.00 Total ................................ ...._..... _..... .$ 30.250.00 $ 31,825-110 (General Fund -$26,825.00; Grading Fund -$5,000.00) Item 133 -City Garage (General Fund) A. Salaries Mechanics .................. $ 7,875.00 $ 8,650 00 C. Office ........................................... 75.00 75.00 I;• Equipment..... . .. ....... 500.00 500.00 F. Maintenance 400.00 400.00 G. Material and SupPlies ............. 325.00 325.00 H. Heat, Light, Power ............. 2,500.00 2,500.00 I. Insurance ..................................... 50.00 50.00 Total..... . . .. .. .............................. $ 11,725.00 $ 12,500.00 ...... . Item 134 -Ash and Can Collection (General Fund) A. Wages Drivers and Laborers$ 9,000.00 $ 9,900.00 F. Maintenance 1,400.00 1,400.00 G. Material and SupPlies ........ 500.00 500.00 Total ..................................................$ 10,900.00 $ 11,800.00 Item 138 -Street and Traffic Signal Lighting (Light Fund) H. Street Lighting and Traf- fic Signals ..................................$ 39,800.00 $ 36,800.00 Item 140 -Street Cleaning (Garbage Disposal and Street Cleaning Fund) A. Wages Drivers and Labor- ers ............ ... ...................................$ 12,500.00 $ 12,500.00 E. Fquipment 500.00 500.00 F. Maintenance... . . ...... ............... 3,000.00 3,400.00 .. . . 00 G. Material and Supplies 580.00 800. J. Reserve ....... ....... .......... ..... ......... _.. 149.00 133.00 Total ................................................$ 16,729.00 $ 17,333.00 Item 141 -Snow and Ice Removal (Snow Removal Fund) A. Labor 4,200.00 $ 4,200.00 ............................................$ 350.00 500.00 E. Equipment ................................... F. Maintenance 1,200.00 1.200.00 G. Material and Supplies 35030.00 . 69.00 00 350.00 J. Reserve ........................ Total .................................................$ 6,130.00 $ 6,309.00 Subtotal Group IV, Highways$117,704.00 $118,929.00 and Street Lights ..........• GROUP V -LIBRARY Item 143.A -Library Fund and Misc. Library Revenue. A. Salary Librarian ........... $ 2,400.00 $ 2,400.00 A. Salary Reference Librarian.. 1,800.00 1,800.00 46 Regular Session, :March 2nd, 1942 A. Salary Cataloguer .1 ................. Juvenile Librarian .. 1,620.00 1,500.00 1,620.00 1,600.00 A. A. Salary Salary Circulation ......... 1,260.00 260.00 A. Salary SchoolLibrarian 1,200.00 1,200.u0 A. Salary Asst, of Circulation.... 1,140.00 1,140.00 A. Salaries General Assistant.... 4,521.00 (4) 4,080.00 A. Salary Janitor......................... 1,380.00 1,880.00 A. Salary Extra Labor ............. ....•••••• 50.00 200.00 50.00 B. C. Travel.......... . .............................. . OffIce........................................... 100.00 100.00 D. Printing .......................................... 50.00 50.00 E. Equipment and Books ............ 6,000.00 8,000.00 F. Maintenance ................................ 4,000.00 5,000.00 G. Material and Supplies ......... 1,000.00 900.00 H. Heat, Light, Water .............. 2,000.00 2,000.00 I. Insurance ..................................... 200.00 200.00 J. Reserve for Emergency ....... 749.00 187.00 Total ...................... ........ ....__...... ...... .$ 30,970.00 $ 33,067.00 (Library Tax -$31,067.00; Misc. Library Revenue - $2,000.00) GROUP VI -PARK FUND Item 144 -A -Park Administration A. Salary Superintendent ...............$ 1,800.00 $ 2,112.0 B. Travel ............................................... 100.00 75.00 C. Office ................................................. 125.00 125.00 D. Printing and Advertising .......... 50.00 50.00 J. Miscellaneous .............................. 15.00 15.00 Total ......................................................$ 2,090.00 $ 2,377.00 Item 144 -B -Park Areas, Buildings, Etc. A. Wages of Laborers .... .............$10,800.00 $12,200.00 C. Forestry .......................................... 2,000.00 1.500.00 E. Equipment ........................................ 1,150.00 700.00 F. Maintenance.................................1,175.00 1,200.00 G. Material and Supplies ................ 3,000.00 3,000.00 H. Heat, Light, Water and Telephone ..................................... 1,775.00 2,200.00 I. Insurance ......................................... 500.00 650.00 J-1. Renovations and Replacements 427.00 285.00 J.2. Interest, Reserve and Assessments ............................... 530.00 505.00 Total .................................................$21,357.00 $22,240.00 Subtotal Group VI -Park Fund ....$23,447.00 $24.611.00 (Park Tax -$21,667.00; Misc. Park Revenues -$2.950.00) GROUP VII -PLAYGROUND AND SWIMMING POOL FUND Item 145 -A -Recreation Administration A. Salary Director .................................$ 2,250 $ 2.475.00 B. Travel .............................................. 50.00 50.00 C. Office .............................................. 120.00 120.00 F. Maintenance (Car) ....................... 360.00 240.00 G. Material and Supplies .............. 100.00 100.00 Total ...................................................$ 2,880.00 $ 2.985.00 Item 145 -B -Playgrounds A.Salaries Supervisors, Directors, etc.$ 2,050.00 $ 2,050.00 A. Wages of Laborors .................... 200.00 100.00 E. Equipment ...................................... 500.00 400.00 F. Maintenance .................................... 650.00 600.00 G. Material and Supplies ................ 400.00 400.00 H. Heat, Light ............. ............. .._...... 100.00 100.00 I. Insurance .... .......... ... ........... 50.00 50.00 J. Improvement New Playgrounds 1.000.00 1,000.00 Total ....................................................$ 4,950.00 $ 4.700.00 Item 145 -D -Winter Sports A. Wages Check Rooms ....E 650.00 $ 650.00 C. Office ........................................ 25.00 25.00 H. Equipment ..................................... 100.00 100.00 F. Maintenance ................................ 200.00 200.00 G. Material and Supplies ............ 150.00 100.00 H. Heat, Light ....................................... 375 525.00 Total ................................... .............$ 1,500.00 $ 1.400.00 Item 145 -E• -Swimming Pool A. Salary Superintendent ................$ 450.00 $ 450.00 A. Salaries Guards (4) .................. 840.00 900.00 Regular Session, March 2nd, 1942 47 A. Salaries Attendants ................... 1,300.00 1,300.00 F. Maintenance ................................. 450.00 450.00 G. Material and Supplies ................ 250.00 350.00 H. Light and Power ...................... 450.00 300.00 I. Insurance ......................... ........... 200.00 215.00 J. Miscellaneous .............................. 100.00 $ 266.00 Total ................................................. . $ 4,040.00 $ 3,965.00 Item 145 -G -Indoor Winter Sports J. Miscellaneous ................... .... _ $ 100.00 $ 100.00 Item 145 -H -Emergency $ 25.00 Item 148 -E -Ambulance (General Fund and Misc. Gen- J-1. Interest on Warrants .......... ....$ 50.00 $ 10.00 J-2. Reserve .......................................... 216.00 148.00 280.00 Total ...................................................... $ 266.00 $ 158.00 Item 146 -Athletic Park 225.00 255.00 A. Wages Caretaker ..................... $ 400.00 $ 640.00 F. Maintenance ................ .................. 750.00 750.00 G. Material and Supplies ............... 150.00 150.00 H. Lights ............................................ 200.00 500.00 I. Insurance ......................... ........... 500.00 450.00 J. Miscellaneous ................................ 50.00 500.00 500.00 Total .......................... .........................$ 2,050.00 $ 2,490.00 J-8. Workmen's Compensation In- Subtotal Group VII -Playground surance .................................... J-9. Interest on Warrants ............ and Swimming Pool .....................$15,786.00 1,500.00 125.00 $15,798.00 (Playground and Swimming Pool Tax -$12,723.00; Misc. Playground Revenue -$3,075.00) GROUP VIII -MISCELLANEOUS Item 147 -Planning and Zoning (General Fund) J. Miscellaneous ...........................$ 25.00 $ 25.00 Item 148 -E -Ambulance (General Fund and Misc. Gen- eral Revenues) A. Salaries Drivers (2) ...............$ 3,480.00 $ 3,828.00 F. Maintenance ................................ 280.00 280.00 G. Material and Supplies ........ 350.00 350.00 I. Insurance ..................................... 225.00 255.00 Total ..................................................$ 4,335.00 $ 4,683.00 (General Fund -$3,483.00; Ambulance Fees -;1,200.00) Item 148 -C -Other Miscellaneous (General Fund) J-1. Iowa League of Municipalities$ 80.00 $ 80.00 J-2. Damages 3,300.00 3,300.00 J-3. Printing Counril Proceedings 3,200.00 3,200.00 J-4. Revised Ordinances ..... ......... 850.00 .... J-5. State Examiners ...................... 2,000.00 2,000.00 J-6. Repairs to Town Clock .......... 500.00 500.00 J-7. Misc. Unclassified ...... .............. 3,500.00 4,000.00 J-8. Workmen's Compensation In- surance .................................... J-9. Interest on Warrants ............ 1,900.00 125.00 1,500.00 125.00 Total......................................................$15.455.00 $14,705.00 Item 148 -F -Airport (General Fund) I. Insurance ..................... ........... ... $ 130.00 $ 130.40 J. Miscellaneous ..... .................... 550.00 550.00 Total ..................... .... ................$ 680.00 $ 680.00 Subtotal Group VIII -Miscel- 20,495.00 $ 20,093.00 laneous .............................................$ GROUP IX -MARKETS AND PUBLIC SCALES (General Fund and Misc. General Revenues) Item 152 -Market Master's Office A. Salary Market Master ..........E 1,400.00 $ 1,540.00 20.00 F. Maintenance .... ............. 20.00 65.00 65.00 G. Material and Supplies .......... 20.00 20.00 J. Miscellaneous .......__................... Subtotal Group IX -Markets 1,505.00 ; 1,645.00 and Public Scales ........................$ (General Fund -$445,00; Misc. General Revenues - $1,200.00) GROUP X -MUNICIPAL IMPROVEMENTS Item 162 -Assessments and Sewers 1-1. City's Share of Special Assess- ments................................ 48 Regular Session, March 2nd, 1942 J-2. Storm Sewers and Inlets ..... 3,000.00 3,000.00 Subtotal Group X -Municipal 11,000.00 $ 8,000.00 Improvements ..................................$ Fund -$5,000.00; Sewei• Fund -$3,000.00) (Improvement 150.00 GROUP XI -PENSION FUNDS F. Item 154 -Police Pensions J-1. Police Pensions .....................$ 13,938.00 $ 14,412.00 ' .I-2. Police Retirement System .... 1,210.00 1.538.00 Total .............................................$ 15,148.00 $ 15,950.00 Item 155 -Fire Pensions I. J-1. Fire Pensions ..............................$ 21,083.00 $ 23,363.00 J-2. Fire Retirement System ...... 1,745.00 2,504.00 Total ..................................................$ 22,828.00 Subtotal Group XI -Pensions ... $ 37,976.00 $ 25,867.00 $ 41,817.00 0.00; Balance nn Hnd Contributions-112,950-00)ent and Improvements ............................. sx17 00, Balance on Hand and Contributions -$4.20000) H 3-3. GROUP XII -MUNICIPAL INDEBTEDNESS Item 161 -J -1 -City Bonds and Interest 900.00 A-1. Regular City Bond Interest ..$ 35,446.00 $ 30,068.00 A-2. Grading Bond Redemption ... 17,000.00 18,000.00 A-3. Sewer Bond Redemption .... 42,563.41 35,000.00 A-4. Improvement Bond Redemp- 500.00 tion ..................... ..... ............... 35,000.00 35,000.00 A-5. Funding Bond Redemption .. 20,000.00 25,000.00 A-6. Sinking Fund ............................ 3,000.00 4,000.00 A-7. Reserve ......................................... 1,105.59 1,397.00 Total ................................................$154,115.00 $148,465.00 General Bond Fund -$83,965.00; Grading Fund - $5,000.00; Improvement Fund -$5,000.00; Water Works Fund -$20,000.00; Emergency Fund -$34,500.00) Item 161 -J -2 -Dock Bonds and Interest A-1. Interest on Dock Bonds ....._ $ 7,175.00 $ 5,945.00 A-2. Dock Bond Redemption 31,500.00 32,000.00 A-3. Reserve ........ 539.00 589.00 Total ..................................................$ 39,214.00 $ 38,534.00 (Dock Bond and Interest Fund -$35,534.00; Sinking Fund -$3,000.00) Subtotal Group XII-Muncipal Indebtedness ............................... -,.$193,329.00 $186,999.00 EMERGENCY AND RESERVE Reserve in General Misc. Revenues$ 1,528.00 $ 125.00 Reserve In Emergency Fund ......... 109.00 167.00 Total ...................................................$ 1,637.00 $ 292.00 GROUP XIII -DOCKS (Dock Fund and Misc. Dock Revenues) Item 153 -A -Dock Operation A. Salaries Engineers .................$ 420.00 $ 420.00 B. Travel .......................................... 150.00 150.00 F. Maintenance ........................ 100.00 100.00 G. Material and Supplies ............ 75.00 75.00 I. Insurance ..................................... 517.00 517.00 3-1. Traffic Association Services .. 300.00 ......1 . J-2. Improvements ............................. 900.00 322.00 3-3. Miscellaneous ............................. 900.00 900.00 Total ....................................................$ 3,362.00 $ 2,484.00 Item 153 -B -Dredge Operation A. Salaries 'Engineers ...................$ 180.00 $ 180.00 A. Salaries Operators .................... 4,200.00 4.200.00 A. Wages Laborers ........................... 2,000.00 2,000.00 F. Maintenance (Repairs) ........... 1,500110 1,500.00 G. Material and Supplies .............. 750.00 .750.00 H. Electric Power ........................... 5,000.00 5,000.00 I. Marine Insurance .................... 723.00 723.00 I. Workmen's Compensation In- surance ....................................... 300.00 300.00 J. Miscellaneous ............................ 500.00 500.00 Total ...................................................$ 15,153.00 $ 15,153.00 Regular Session, March 2nd, 1942 Item 153 -C -W. P. A. River Front Improvements GROUP XIV -WATER WORKS A. Wages ....:....................................$ .......... $ 1,000.00 E. Trucking ...................................... 850.00 3,896.00 E. Equipment .................................. 3,650.00 3,650.00 E. Tools .............................................. 500.00 500.00 G. Materials and Supplies ............ 772.00 2,500.00 I. Insurance (Public Liability) .. 150.00 150.00 Total .................................................$ 5,922.00 $ 11,696.00 Subtotal Group XIII -Docks ....$ 24,437.00 $ 29,333.00 (Dock Tax -$17,333.00; Misc. Dock Revenue - $12,000.00) 49 GROUP XIV -WATER WORKS (Self.Supporting) RECEIPTS Estimated Cash on Hand April 1st$ 10,000.00 $ 20,000.00 Estimated Cash for Metered Sales 140,000.00 145,000.00 Estimated Receipts from Flat Sales 250.00 250.00 Estimated Receipts from Fire Protection Service ................... 2,250.00 2,250.00 Estimated Receipts from Non - Operation Service ..................... 5,000.00 5,000.00 Estimated Receipts from Sales Tax 2,950.00 3,050.00 Total .................................................$160,450.00 $175,550.00 DISBURSEMENTS Item 149 -A -Administration A. Salary Superintendent and 3,300.00 $ 3,630.00 Cashier A. .... .................. ...I ... I .............. ..$ Salary Accountant .................... 2,200.00 2,442.00 A. Salary Stenographer and Clerk- 1,620.00 1,782.00 A. Salary Clerk ........... ............. 1,260.00 1,386.00 A. Salary City Manager (20%) 1,300.00 1,430.00 A. Salary City Auditor (20%) 490.00 539.00 A. Salary City Treasurer (20%) 430.00 125.00 528.00 125.00 B. C. Travel ........................................ Office Expense and Postage •• 800.00 800.00 D. Printing and Advertising ..... 300.00 1,150.00 400.00 1,150.00 E. Equipment ................................. 300.00 300.00 F. G. Maintenance .............................. Material and Supplies ...........••• 800.00 300.00 I. Insurance ..................................... 50.00 4,800.00 75.00 4,800.00 J-1. J-2. Sinking Fund ............................. Refunds .......................................... 2,500.00 2,500.00 J-3. Miscellaneous ............................. 340.00 2,950.00 340.00 3,050.00 J-4. State Sales Tax ...................... Total............ ...................................... Item 149 -13 -Water Operation A. Salary Field Engineer ............$ 2,460.00 2,220.00 $ 2,706.00 2,442.00 A. A. Salary Plant Chief Engineer Salaries Plant Engineers (6) 11,160.00 12,276.00 A. Wages Fxtra Station Labor 1,000.00 1,100.00 A. Salary Tapper and Hydrant 1,740.00 1,914.00 A. Man ........................... . ............... Salary Meter Service Man .. 1,620.00 1,782.00 A. Salary Meter Repair Dian .. 1,920.00 1,620.00 2,112.00 1,782.00 A. A. Salary Meter Reader ............ Salary Asst. Meter Repairer 1,680.00 1,848.00 A. Salary General Foreman ..... 2,310.00 1,740.00 2,541.00 1,914.00 A. Salary Asst. Foreman ........... 8,000.00 8,800.00 A. Wages Laborers ...... ._..... .... ... 10,000.00 10,000.00 E. Equipment . ...... ... I .... I........... 12,000.00 12,000.00 F. G. Maintenance .... ....... . I ................ Material and Supplies ......... 1,500.00 2,000.00 25,000.00 H. Heat, Light and Power .•• ••• 25,000.00 1,250.00 1,500.00 1. J-1. Insurance ...................................... Water Main Materials .......... 10,000.00 10,000.00 22,931.00 J-2 Other Betterments .................. 13,740.00 3,000.00 3,000.00 J-3. Store Reserve .............................. 880.00 1,000.00 J'-4. Miscellaneous ............................. Total .................................. ..............$114,840.00 $128,648.00 Grand Total Water Works Ap- $154,725.00 propriation ................. ................$139,625.00 !Von -Appropriated Reserve ............. 825.00 825.00 20,000.00 Transfer to City Indebtedness ........ 20,000.00 Total.. ................................................ 49 50 Regular Session, Alarch 2nd, 1942 TOTAL APPROPRIATIONS RECAPITULATIONAND OF Budget Budget 1941-42 1942-43 (a) City Operation, Groups 1 to X i5b4,092.00 (b) Inclusive .................$529,407.00 ................. Reserve in General Misc. Re- (c) ...... ................ 1,528.00 venues.... . ....... Reserve in Emergency Fund .. 109.00 125.00 167.00 td) Pensions, Group Xl .............. 37,976.00 41,817.00 (e) Municipal Indebtedness, Group 193, 329.00 186, 999.00 (f) XII .................................................... Docks, Group XIII .................... 24,437.00 29,333.00 (g) Water Works, Group XIV ...... 139,625.00 154,725.00 (h) Water Works Reserve............. 825.00 825.00 Total $968,083.00 .................................................$927,236.00 ........... . Tax Revenues ........... ... ............$667,614.00 $677,858.00 Miscellaneous Revenues and Esti- mated Balances April 1, 1942 99,172.00 114,676.00 Water .•• .•. 160,450.00 Works Revenue ......... .......... 176,650.00 Totals ............................................ ...$927,236.00 $968,083.00 n Regular Session, March 2nd, 1942 51 Resolution No. 18-42 Whereas, The City Manager has caused to be prepared a budget on the basis of estimates of the ex- penses of the various departments of the City of Dubuque for the fis- cal year beginning April 1, 1942, and ending March 31, 1943, and such de- partmental estimates show the ex- penses for each department for the preceding year, and the same has been submitted to this Council as a basis for the preparation of the annual budget required by law .to be prepared by the City Council of said City; and Whereas, This Council has exam- ined such budget and from the in- formation therein contained has prepared its budget for said fiscal year on the basis of estimates of the expenses of the several depart- ments of such City, such estimates showing therein not only the pur- pose for which the consolidated tax authorized by Section 6217 of the 1939 Code of Iowa is to be used, but in addition thereto, the purposes for which all other levies heretofore made are to be used and including therein also the estimated revenue from miscellaneous receipts and the purposes for which the same are to be used, so that said budget shows all of the proposed expenditures for the ensuing fiscal year: Now, There- fore, Be It Resolved by the City Council of the City of Dubuque: That the Manager's budget be and the same is hereby approved and the City Clerk is hereby direct- ed to cause the budget prepared by the City Council for the fiscal year beginning April 1, 1942, and ending March 31, 1943, to be published in the official newspaper of this City at least once, said publication to be at least two weeks in advance of the date set herein for final hearing thereon and adoption thereof. Be It Further Resolved that this Council meet on the 20th day of March, 1942, at 7:30 o'clock P. M., in the Council Chamber of the City Hall, for the purpose of conducting a hearing upon said budget at which time any interested party will be given full opportunity to be heard upon any objections or protests made thereto, or to any item or items thereof, or to any omission therefrom, and after parties have been heard, said budget will be amended or adopted as proposed. This resolution being deemed urgent and in the preservation of peace, health, safety and public In. terest shall be in force and effect from and after its adoption and ap proval by the City Council as pro vided by law. Passed, adopted and approved this 2nd day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Wharton moved that the Mayor and Chief of Police be authorized to attend the Safety Meeting called by Governor Wilson to be held at Des Moines, Iowa, on Wednesday, March 4, 1942. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. There being no further business, Councilman Thompson moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved +� Adopted P Councilmen: �/.2r�ynt/,rL••/%Lu. Attest: ..... City Clerk. 52 Special Session, March 10th, 1912 City Council (Official) Special Session, March 10, 1942. Council met at 7:30 P. M. Present—M a y o r Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilman Thompson and Wharton. Mayor Van Duelman 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 upon the notice of levy of Special Assess- ments and Intention of the City Council to issue bonds to pay for the cost of construction of a six (6) inch vitrified tile sanitary sewer in Fremont A v e n u e Northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Ave- nue Sub. and Southerly to Wart- burg Place and in Wartburg Place Southerly from Fremont Avenue to Lot 1 of 1 of 2 of Min. Lot 139, 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 levy of special assessments and inten- tion of the City Council to issue bonds to pay for the cost of con- struction of a six (6) inch vitrified tile sanitary sewer in Fremont Ave- nue Northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub. and Southerly to Wartburg Place and in Wartburg Place Southerly from Fremont Avenue to Lot 1 of 1 of 2 of Min. Lot 139, presented and read. Amount of special assessment is $5,396.27. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of G. H. Ohmert request- ing a reduction in the amount of $87.50 from the proposed special as- sessment to be levied against his property at 380 Wartburg Place for the construction of a six (6) inch vitrified tile sanitary sewer in Fre- mont Avenue and in Wartburg Place as this property is not deriv- ing the same benefit as the other properties which will be connected to this sewer, presented and read. Councilman Murphy moved that the petition be referred to the Council for consideration. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Wharton 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 Shhueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son. Wharton. Nays—None. Attorney Herbert H. Holland re- presenting Allan R. Conrad address- ed the Council in reference to the application filed by Allan R. Conrad for a Class "C" Beer Permit to be located at 1602 Lincoln Avenue and requesting Council to grant said permit and further stating that if said application is not granted that Mandamus Proceedings would be started in the District Court to com- pel Council to issue said permit. Councilman Murphy moved that the application be referred to the Council for investigation as to the qualifications of the applicant. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. The Ladies of Mary Agard Tent Daughters of union Veterans of the Civil War addressed the Council re- questing permission for the holding of their Annual Tag Day on Satur- day, June 13, 1942. Councilman Wharton moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Mr. C. E. Rhoades addressed the Council with reference to the storm sewer constructed on his lot at the corner of Alta Vista Street and Car- lotta Street and requesting that said sewer be removed from his lot and tied into the present storm sewer in Carlotta Street, and if this is not feasible then the sewer be re- paired and the manwhole leveled with the g r a d e of the lot. Mr. Rhoades was informed that the City Manager would make a survey of his request and report his findings to the Council. Special Session, March 10th, 1942 53 Messrs. J. A. Kerper, Peter Mc- Carthy, M. H. Czizek, N. E. Randall, Fred Bissell and Richard V. McKay addressed the Council discussing the petition which Swift and Com- pany has been placed, in not being able to secure materials for the con- struction of a new building, and al- so discussing the request of Swift and Company that they be per- mitted to use the Seippel Lumber Company building on South Locust Street to carry on their operations until such time as they will be able to erect a new building. Councilman Wharton moved that a committee consisting of City Man- ager A. A. Rhomberg, Secretary of the Chamber of Commerce John A. Kerper, Fred E. Bissell, a member of the Planning and Zoning Com- mission, a representative of Swift and Company and a representative of the Dubuque Bridge Commission be appointed to c o n f e r with the Iowa State Highway Commission, or any other necessary parties, to the end that the wrecking of the Swift and Company building be de- layed and that Swift and Company be allowed to use the present build- ing during the pendency and until they can erect a new building. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schaeller, Thomp- son, Wharton. Nays—None. Mr. G. H. Ohmert addressed the Council relative to his petition in which he requests a reduction in the amount of $87.50 on the pro- posed special assessment to be le- vied against his property at 380 Wartburg Place for the construction of a six (6) inch vitrified tile sani. tary sewer in Fremont Avenue and in Wartburg Place. Councilman Schueller moved that Mr. G. H. Ohmert be granted a re- duction in the amount of $87.50 on the special assessment to be levied against his property located at 380 Wartburg Place for the construc- tion of a six (6) inch vitrified tile sanitary sewer in Fremont Avenue and in Wartburg Place and that the City Auditor be instructed to draw a warrant in the amount of $87.50 on the Sewer Fund in favor of the Special Bonded Fund to cover the amount of reduction granted on the special assessment to be levied against G: H. Ohmert for the con- struction of said sanitary sewer. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. s' Resolution No. 19-42 City of Dubuque, Iowa, Schedule of Assessments. Resolved by the City Council of the City of Dubuque: That to pay for the construction of a six (6) inch vitrified tile sanitary sewer in Fremont Avenue northeasterly from the present m a n h o l e in Coates Street to Lot 2 of 4 of Fremont Avenue Sub. and Southerly to Wart- burg Place and in Wartburg Place southerly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, by James F. Lee, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the sev- eral amounts set opposite each lot or parcel of real estate as follows: Special assessment submitted March 10, 1942. Owner. Description. Assessment. Kendall Burch Est., Lot 2 of 4, Fremont Ave. Sub..$ 216.50 Birdeva V. Heisey, Lot 3, Fremont Ave. Sub ............. 439.09 John Est. and Eleanor Jackson, Lot 2 of 2, Fre- mont Ave. Sub ................... 264.35 Archdiocese of Dubuque, Lot 2 of 1 of 2 Fremont Ave. Sub ............................. 264.35 Archdiocese of Dubuque, Lot 1 of 1 of 1 of 2 Fre- 196.69 wont Ave. Sub ................. Archdiocese of Dubuque, Lot 1 of 2 of 1, Fremont 68 75 Ave. Sub ............................. Henrietta C. Kiesel, Lot 1 of 1 of 1 of 1, Fremont 900.08 Ave. Sub ............................. Arnold E. Loetscher, Lot 2 of 1 of 1 of 1, Fremont 66.09 Ave. Sub ............................. Arnold E. Loetscher, Lot 2 of 1 of 1, Fremont Ave. 396.52 ................... Sub. .................. . Sadie Mehlhop, Lot 1 of 1 of Sub. of 1 of 3 of 64 and Sub. of Lot 2 of Sub. of 64, Simpson's Add., and Sub. of 2 of Sub. of M. L. 385.42 144 ................."I.................... Clem. S. McGuire, N. 118, of 2 of Sub. of 1 of 3 of 64 and Sub. of Lot 2 of Sub. of 64, Simpson's Add. and Sub. of 2 of 311.93 Sub. of M. L. 144 ............... Frank M. and Lucille Kel- ly, S. 100' of 2 of Sub. of 1 of 3 of 64 and Sub. of Lot 2 of Sub. 64, Simp- son's Add., and Sub. of 2 264.35 of Sub. oY M. L. 144.......... Albert H. and Ida H. Bolte, Lot 200.38 of 1 of 1 of M. L. 200.38 139 ........................................ 54 Special Session, March Kith. 1942 Russell J. Mulgrew, Lot G 853.41 of 1 of 1 of M. L. 139........ Tile Sewer Pipe at $2.20..$4,350.06 American Lutheran Church, Lot 2 of 1 of 2 of M. L. 24.00 139 ........................................ 383.30 Geo. Ohmert Est., Lot 1 of 97.66 1 of 2 of M. L. 139............ City of D u b u q u e portion 45.60 on account of reduction granted on special as- 133.00 sessments ......................... Total ...................................$5,396.27 1977.30 lin. ft. 6" Vitrified Tile Sewer Pipe at $2.20..$4,350.06 16 No. of Y Branches at $1.50 .................................... 24.00 8 No. of Brick Manholes at $85.00 .................................. 680.00 228 sq. ft. Concrete Walk at 20c........................................ 45.60 532 sq. ft. Concrete Drive- ways at 25c ........................ 133.00 12 sq. yds. Asphalt Pave- ment at $1.50 .................... 18.00 Extra Expense ...................... 100.00 Interest at 6%-52 days .... 45.61 Total ....................................$5,396.27 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 10th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy m o v e d the adoption of the resolution. Second- ed by Cotincilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Proof of publication, certified to by the publishers, of notice of hear- ing upon a proposal to authorize the issuance of public improvement bonds in the amount of $5,396.27 for the purpose of paying the cost of construction of a six (6) inch Vi- trified Tile Sanitary Sewer in Fre- mont Avenue northeasterly f r o m the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub. and Southerly to Wart- burg Place, and in Wartburg Place Southerly from F r e m o n t Avenue to Lot 1 of 1 of 2 of Min. Lot 139, presented and read. Councilman Thompson m o v e d that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. Resolution No. 20-42 Whereas, the contract heretofore entered into by the City of Dubuque for the construction of a Sanitary Sewer in Fremont Avenue and in Wartburg Place, hereinafter de- scribed, has been completed and the City Engineer has computed the cost and expense of said improve- ment to be $5,396.27; Therefore, Be It Resolved by the City Council of the City of Dubuque that to provide for the cost of con- struction of a Sanitary Sewer in Fremont Avenue northeasterly from the present m a n h o l e in Coates Street to Lot 2 of 4 of Fremont Ave- nue Sub. and southerly to Wartburg Place and in Wartburg Place south- erly from Fremont Avenue to Lot 1 of 1 of 2 of M. L. 139, there be issued Improvement Bonds to the amount of $5,308.77 which is the total cost of $5,396.27 less the City's share of the improvement amounting to $87.50. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa and the amendments thereto, shall bear date as of the 10th day of April, A. D. 1942, shall be in the denominations of $500.00 each, except there shall be one bond to the amount of $308.77; they shall be numbered from 3800 to 3810 in- clusive, and shall be divided into ten series of which bond number 3800 shall constitute the first series and shall be payable on the first day of April, A. D. 1943; the bond num- bered 3801 shall constitute the sec. ond series and shall be payable on the first day of April, A. D. 1944; the bond numbered 3802 shall con- stitute the third series and shall be payable on the first day of April, A. D. 1945; the bond numbered 3803 shall constitute the fourth series and shall be payable on the first day of April, A. D. 1946; the bond num- bered 3804 shall constitute the fifth series and shall be payable on the first day of April, A. D. 1947; the bond numbered 3805 shall consti- tute the sixth series and shall be payable on the first day of April, A. D. 1948; the bond numbered 3806 shall constitute the seventh series and shall be payable on the first day of April, A. D. 1949; the bond num- bered 3807 shall constitute the eighth series and shall be payable on the first day of April, A. D. 1950; the bond numbered 3808 shall con- stitute the ninth series and shall be payable on the first day of April, A. D. 1951; the bonds numbered 3809 and 3810 shall constitute the Special Session, March 10th, 1942 55 tenth series and shall be payable on the first day of April, A. D. 1952. Said bonds shall bear interest at the rate of five per cent per annum, which interest shall be payable semi-annually in accordance with the terms of the coupons thereto at. tached; 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 of- fice of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No.. .. ... .. $500.00 CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as herein- after stated to the bearer hereof, on the first day of April, A. D. 19............ or at any time prior thereto at the option of the City, the sum of Five Hundred D o I la r s with interest thereon at the rate of five per cent per annum, payable semi-annually on presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Du- buque under and by virtue of Chap- ter 311 of the Code of Iowa and amendments thereto, and the reso- lution of the City Council of said City, duly passed on the ........ day of March, A. D. 1942. This bond is one of a series of bonds of like tenor and date, ten for $500.00 each, numbered 3800 to 3809 and one for $308.77 numbered 3810, and issued for the purpose of defraying the cost of constructing a Sanitary Sewer in Fremont Ave- nue northeasterly from the present manhole in Coates Street to Lot 2 of 4 of Fremont Avenue Sub. and southerly to Wartburg Place, and in Wartburg Place southerly from Fre. mont Avenue to Lot 1 of 1 of 2 of M. L. 139, as described in said reso lution; which cost is payable by the abutting and adjacent propert3 along said improvement, and h made by law a lien on all said abut ting or adjacent property. It is pay able in ten equal annual install ments, with interest on all deferre( paymenfs at the rate of five pei cent per annum, but this bond fi payable only out of the Improve ment Fund, and said fund can bi used for no other purpose. It. is hereby certified and recite( that all the acts, conditions ani things required to be done prece dent to and in issuing this series o bonds, have been done, happened and performed in regular and due form, as required by law and said resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. In testimony 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, and the seal of said City to be thereto affixed this........ day of ..........I ...............1 19 .... , and has auth- orized the use of their fac-simile signature to the interest coupons hereto attached. ................................................ Mayor. ............................................ City Clerk. Countersigned (Seal). (FORM OF INTEREST COUPON). No................. On the.. ...... day of....................A. D. 19....., the City of Dubuque, Iowa, promises to pay to bearer, as pro- vided in said bond, the sum of ..............................Dollars, at the office of the City Treasurer in the City of Dubuque, being ............ months' in- terest due that day on its Improve- ment Bond No ......... dated ..................... 19....... ............................................. Mayor. Attested: ................................................ 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. Be It Further Resolved, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the pro- ceeds 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 signature of the City Clerk. 56 Special Session, March 10th, 1942 Be It Further Resolved, that as fast as funds 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 10th day of March, 1942. Approved: FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Second ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Statement of Donald Bandy, sub- scribed and sworn to, that he posted along the line of improvement co- pies of the notices of the levy of special assessments and intention of the City Council to issue bonds to pay for the construction of a six (6) inch Vitrified Tile Sanitary Sewer in Fremont Ave. Northeast- erly from the present manhole in Coates Street to Lot 2 of 4 of Fre- mont Avenue Sub. and Southerly to Wartburg Place, and in Wartburg Place Southerly from Fremont Ave- nue to Loi 1 of 1 of 2 of Min. Lot 139, presented and read. Councilman Wharton moved that the statement be r e c e i v e d and placed on file. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Communicaton of John Schaetzle submitting application for reap- pointment as a member of the Civil Service Commission for the term expiring Manch 31, 1943, presented and read. Councilman Murphy moved that the communication be received and fi 1 e d . Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Vincent George We- ber, member of the Fire Depart. ment, requesting a leave of absence as provided by Resolution No. 14- 41 as he has enlisted in the Naval Reserves of the United States, pre. sented and read. Councilman Murphy moved that the request be granted and made a m a t t e r of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun. cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of William J. Lynch, member of the Fire Department, re- questing a leave of absence as pro- vided by Resolution No. 14-41 as he has been inducted in the armed forces of the United States under the Selective Service Act, present- ed and read. Councilman Murphy moved that the request be granted and made a matter of record. Seconded by Concilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen .Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Margaret Smith, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on the East % of the South ?/2 of Lot 21 of L. H. Langworthy's Add., presented and read. Councilman Thompson m o v e d that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Louis Kuehnle, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on Lot 60 of McCraney's 1st Add., present- ed and read. Councilman Thompson nt o v e d that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Sarah Koehler, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on Lot 16 of Jackson School Sub., present- ed and read. Councilman Thompson m o v e d that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Special Session, March 10th, 1942 57 Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Bridget Schaffert, re- ferred to the City Council by the Board of Supervisors, requesting suspenson of the 1941 taxes on Lot 2 of 152 of Union Add., presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Melita Chase, by Louis Chase, requesting a refund in the amount of $150.00 on Beer Permit No. 131, expiring January 6, 1943, as she is discontinuing business under her own name, presented and read. Councilman Thompson m o v e d that the request be granted and the City Auditor to be instructed to draw a warrant in the amount of $150.00 in favor of Melita Chase to cover the amount of refund granted on the unexpired portion of Beer Permit No. 131, issued to Melita Chase and expiring January 6th, 1943. S e c o n d e d by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. March 10, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted are Fire Protection agreements with George A. Burden and George R. Burden at Four Mounds and Ed Bartels and Sons, proprietors of Bartels Cabin Camp at Center Grove. As provided for in Section 5766.1 of the 1939 Code of Iowa as amended, the jurisdiction of the City for lire purposes is extended to these applicants. I recommend the approval of these agreements by the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Schueller moved that the recommendation of City Mana. ger Rhomberg be approved and the agreements accepted. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Depart- ment, City Recreation Director and City Waterworks, also a list of claims and payrolls for which war- rants were drawn during the month of February, 1942. 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- men Murphy. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 10-42. An Ordin- ance amending an Ordinance en- titled "Ordinance No. 99 Changing the Names of Streets and Avenues within the City of Dubuque" by changing the name of Dodge Street running North and West from where Dodge Street intersects with Fre- mont Street to the name of Lom- bard Avenue said Ordinance hav- ing been passed upon first and sec- ond readings on February 24th, 1942, and ordered placed on file with the City Clerk for public in- spection for at least one week be. fore its final adoption, presented and read a third time. Ordinance No. 10-42 An Ordinance amending an Or- dinance entitled "Ordinance No. 99 Changing the Names of Streets and Avenues within the City of Du- buque" by changing the name of Dodge Street running North and West from where Dodge Street in- tersects with Fremont Street to the name of Lombard Avenue. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance en- titled "Ordinance No. 99 An Ordin- ance changing the names of streets and avenues within the City of Du- buque" be and the same is hereby amended so that hereafter the name of Dodge Street beginning at Fre- mont Street and running North and Westerly be and the same is hereby changed to Lombard Avenue. Sec. 2. That upon final passage and adoption of this Ordinance, a copy thereof shall be certified and filed with the County Recorder and County Auditor of Dubuque Coun- ty, Iowa, and be entered of record in 58 Special Session, Rlarch 10th, 1942 the Recorder's Office in accordance with the law. Sec. 3. This Ordinance shall be in force and effect ten days from and after its final passage by the City Council and publication as pro* vided by law. Passed upon first and second readings this 24th day of February, 1942. Passed, adopted and approved up- on final reading this 10th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Tele. graph -Herald newspaper this 12th day of March, 1942. J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 21-42 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 follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith Inspected. CLASS "B" PERMIT FOR PRIVATE CLUB Name. Address. Dr. Pepper Bowling Lanes Club, 880 Locust Street. Passed, adopted and approved this 10th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, GEA. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson m o v e d the adopton of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen _Murphy, Thompson, Whar- ton. Nays—None. Councilman Schueller not voting. Resolution No. 22-42 Whereas, heretofore application was filed by the within named ap. plicant for Class "B" Beer Permit 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 Man- ager be and he is hereby directed to issue to the following named ap- plicant a Beer Permit: CLASS "B" PERMIT FOR PRIVATE CLUB Name Address Dr. Pepper Bowling Lanes Club, 880 Locust Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 10th day of March. 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, GEO. R. MURPHY, 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 Van Duelman, Coun- cilmen Murphy, Thompson, Whar- ton. Nays—None. Councilman Schueller not voting. Resolution No. 23--42 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 follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Name Address Melita Chase and Kathleen Dahl, 1322 Central Avenue. Passed, adopted and approved this 10th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Special Session, March 10th, 1942 59 Councilman Thompson moved the adoption. of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 24-42 Whereas, heretofore application was filed by the within named ap- plicant for Class "B" Beer Permit 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 Man- ager be and he is hereby directed to issue to the following named ap- plicant a Beer Permit: CLASS "B" PERMIT Name Address Melita Chase and Kathleen Dahl, 1322 Central Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 10th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Thompson m o v e d that the following places be select- ed as voting places for the General Municipal Election to be held Mon- day, March 30, 1942. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. F i r s t Precinct—Bryant School, 1280 Rush Street; Second Precinct --Washington Junior High School, North Grandview Avenue and Dodge Street; Third Precinct — Franklin School, Jones and Bluff Streets; Fourth P r e c i n c t—County Court House, East Seventh Street and Central Avenue; Fifth Precinct— Lincoln School, 1175 West Fifth Street; Sixth Precinct, Irving School, University Avenue and Irv- ing Street; Seventh Precinct—City Hall, West Thirteenth Street and Central Avenue; Eighth Precinct— Chamber of Commerce Building, West Ninth and Locust Streets; Tenth P r e c i n c t— Central High School Building, West Fifteenth and Locust Streets; Eleventh Precinct —Kohlman Building, 15 East Twen- ty-first Street; Twelfth Precinct— Fulton School, 2540 Central Ave- nue; Thirteenth Precinct—Lemper Building, 2774 Jackson Street; Four- teenth Precinct —Audubon School, Johnson Street and Lincoln Ave- nue; Fifteenth Precinct, Marshall School, 1440 Rhomberg Avenue. Councilman Murphy moved that the following named persons be ap- pointed as Judges and Clerks to serve at the General Municipal Elec- tion to be held Monday, March 30, 1942. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. First Precinct— D e m o c r a t i c, Judges, Thomas E. Byrne and Bart Kane; Clerk, Mrs. Vera Ham. Re- publican, Judge, Eugene Forward; Clerk, Mrs. Lillian Jones. S e c o n d Precinct— Democratic, Judge, Michael Cahill; Clerk, Mrs. Margaret Kinsella. Republican, Judges, George Masters and Mrs. Nettie Lyons; Clerk, Mrs. Geo. R. Fox. Third P r ec i n c t— Democratic, Judges, Mrs. Carrie McGough and Marietta Duggan; Clerk, Mrs. Lu- cille Mullin. Republican, Judge, Bess Bogue; Clerk, Mrs. Pearl Hoerner. F o u r t h Precinct — Democratic Judge, Charles Stevenson; Clerk, Mrs. Mary Hughes. Republican, Judges, Mrs. Mae Hedley and Millie Gill; Clerk, Mrs. Martha Hunt. Fifth Precinct— D e m o c r a t i c, Judges, Mrs. Geo. Hohmann and Mrs. Walter Madden; Clerk, Mrs. Margaret Lavery. Republican, Judge, Mrs. Ruby Steuck; Clerk, Mrs. F. W. Trader. Sixth Precinct — Democratic, Judge, T. E. Kingsley; Clerk, Mrs. Lillian Fleege. Republican, Judges, Myrtle Westaby and Mrs. Ida L. Jones; Clerk, Mrs. Hazel Yokom. Seventh Precinct — Democratic, Judges, Al. Bitzberger and John H. Weimer; Clerk, Mrs. Cecelia We- ber. Republican, Judge, A r t h u r Trapp; Clerk, Mrs. Cora Wolfe. E i g h t h Precinct — Democratic, Judge, Mrs. Mayme McCraney; 60 Special Session. March 10th, 1912 Clerk, Mrs. Jennie I. Starr. Repub- lican Judges, Mrs. Zella Chaloupka and Mrs. Maude Rideout; Clerk, J. W. Millin. Ninth P r e c i n c t— Democratic, Judges, John P. Merkes and Mrs. Mayme Casutt; Clerk, Mrs. Belle Leidinger. Republican, Judge, Pau- line Kleih; Clerk, Mrs. Edba Wid- dowson. Tenth P r e c i n c t— Democratic, Judge, Miss Leona Palen; Clerk, Mrs. A g n e s Hird. Republican, Judges, Mrs. Pearl Zernecke and George Wybrant; Clerk, Mrs. Hat- tie Donatsch. Eleventh Precinct — Democratic, Judges, Glen Schroeder and Ea r 1 Jaeger; Clerk, Mrs. Ida Muray. Re- publican, Judge, Mrs. Hoefflin; Clerk, Carrie L. Saunders. Twelfth Precinct — Democratic, Judge, Mrs. Ethel Barrett; Clerk, Mrs. Kate Beringer. Republican, Judges, Wm. Zumhof and Sam Muir; Clerk, Mrs. Helen Stansfield. Thirteenth Precinct—Democratic, Judges, Ben Becke and John Grutz; Clerk, Mrs. Freda Foell. Republi- can, Judge, Ernest Joy; Clerk, Mrs. Marguerite Liddle. Fourteenth Precinct—Democratic, Judge, Michael Mueller; Clerk. firs. Evelyn Ender. Republican, Judges, Sophia Moritz and Edmund Kupfer- schmidt; Clerk, Mrs. D o r o t h y Bauer. Fifteenth Precinct — Democratic, Judges George Roepsch and Louis Wemette; Clerk, Mrs. Gertrude O'Leary. Republican, Judge, Mrs. Dorothy Frohs; Clerk, Mrs. Helen Hohnecker. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved Adopted �!�. 3 Councilmen: Attest: .... City Council (Official) Special Session, March 20, 1942. Council met at 7:30 P. M. Present — Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilman Schueller and Murphy. Mayor Van Duelman 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 An- nual Budget for the tiscal year of April 1, 1942, and ending March 31, 1943, and acting on any other busi- ness as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publisher, of notice of hear- ing upon the proposed Annual Bud- get prepared by the City Manager and City Council of the City of Du- buque, Iowa, for the fiscal year be- ginning April 1, 1942, and ending March 31. 1943, presented and read. Councilman Thompson m o v e d that the proof of publication be re- ceived and flied. Seconded by Coun. cilman Schueller. Carried by the following vote: Teas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Dubuque Iowa, March 20, 1942. Hon. Mayor and City Council, Dubuque, Iowa. Gentlemen: We, the undersigned taxpayers interested in the Budget appropriation ordinance hereby ob- ject to the adoption of said ordin- ance as proposed in all of its detail for the reason that it does not com- ply with the provisions of the Local Budget Law, and specifically as to salaries of all appointive officers as eing excessive and unreasonable as comptfred to other cities in Iowa, and also as to proposed expendi- tures for travel expense, miscel- laneous expense and material and supplies of various departments as indicated, being contrary to the pro- visions of Par. 14-15.16, Section '63, Chap. 287 of the Code of Iowa, Iso Section 5661. n+c� JAS. F. LEE, 409 Almond St. T. A. POLSEAN, 706 Seminary St. H. L. FITZGERALD, 672 Seminary St. Councilman Thompson moved that the petition be received and Special Session, March 20th. 1942 61 made a matter of record. Seconded by Councilman Murphy. Carried by the following vote- Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Wharton 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 Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Mr. Jas. F. Lee addressed the Council in support of their petition objecting to the Budget appropria- tion ordinance and stating that they object to the proposed salaries of all appointive officers, that the pro- posed budget ordinance is illegal and they object to the entire budget. 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 Zoning Ordinance as the same applies to the area contained in City Lot 322 by changing from "Two Family District" classification to "Multiple Residence District" clas- sification, presented and read. No written objections filed and no ob- jectors present :r'he Council Cham- ber. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, COun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 11-42. 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 chance to "Multiple Residence Dis- trict" certain defined territory now being delimited as "Two Family Residence District," presented and read. Councilman Thompson m o v e d that the reading just had be consid- ered the first reading of the ordin- ance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Thompson m o v e d that the rules be suspended requir. Ing an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. The ordinance was then read a second time. Councilman Thompson m o v e d that the reading just had be consid- ered the second reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. 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 Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Wharton moved that Council recess. Seconded by Coun- cilman Schueller. Caried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Council recessed at 3:05 P. M. and reconvened at 5:15 P. M. Upon convening of the Council, Council- man Schueller asked the question as to whether the objections as filed to the Budget and the Budget Ap- propriation Ordinance are legal. City Solicitor Kintzinger s t a t e d that he had read the objections and looked up the various sections of the Code as cited in the objections and stated that he is of the opinion that the objections have no merit. i 62 Special Session, March 20th, 1942 OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MANAGER AND CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA FOR THE FISCAL YEAR, 1942.43 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, 1942 and ending March 31, 1943, and such departmental estimates show expenses of each department for the preceding year, in addition thereto the City Council has caused to be prepared a budget for said fiscal year on the basis of estimates of the expenses of the several departments of said City, such estimates showing therein not only the purpose for which the consolidated tax levy author- ized by Section 6217 of the Code of Iowa 1939 is to be used, but in addition thereto, the purpose for which all other tax levies heretofore made are to be used, includ- ing revenues from miscellaneous sources, the apportion- ment of the consolidated tax levy having heretofore been determined by said Council and Incorporated in a reso- lution for such purpose. This 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 Hail on the 20th day of March, 1942 nt 7.30 o'clock P. M. Any interested party objecting thereto or protesting to the same, or to any Item thereof, or any omission there- from, shall present his objections to -aid Council on or before that date. This notice is given pursuant to the direction of the City Council. 3-4-1T. J. J. SHEA, City Clerk. PROPOSED BUDGET FOR THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR, 1942-43 Distribution of Consolidated Tax Levy General Fund ............ .............................................. $182,875.OU Grading Find .................... ................. ................... 10,000.00 Improvement Fund . .............................. ........ 10,000.00 Sewer Fund .................. ........................ ........ 3.000.00 LightFund .................................................. ............ 36.800.00 Total.... ............ .................. __ .......... .... .... ....$242,675.00 SOURCES OF REVENUE FOR 1942.43 FISCAL OPERATION A—From Taxes Subtotals ..19.548 $659,175.00 $18,505.00 $677,680.00 Road Tax on Agricultural Lands (Gen. Fund) 104,00 Library Tax on Agricultural Lands (Library Fund) ......................................... 74.00 GRIND TOTAL RECEIPTS FROM TAXES AS LEVIED AUGUST, 1941 ............................$677,858.00 The above estimate is based on a revised taxable value of $34,667,808.00, which is the assessed value fol 1942-43 operation upon which the 19.548 mill levy and the adjustment of moneys and credits equal to $18,505.00 amounts to $677,680.00. plus taxes on agricultural lands equal to $178.00 totals $677,858.00 as obtained from the County Auditor. The millage for 1941-42 operation was 19.270 mills on a taxable valuation of $34,636,510.00 amounting to $648,- 537.00 plus Moneys and Credits of $18,903.00, plus taxes on agricultural lands of $174.00 totalled $667,614.00. Levy Regular Moneys and Fund in Mills Tax Credits Total Consolidated ...... 7.000 $236,047.00 $6,628.00 =242,675.00 Bond & Interest 2.422 81,672.00 2,293.00 83.965.00 Fire Maintenance 3.292 111,009.00 3,117.00 114,126.00 Fire Equipment 0.362 12.207.00 342.00 12,549.00 Garbage Disposal & St. Cleaning 0.500 16,860.00 473.00 17,333.00 Park ........................ 0.625 21,075.00 592.00 21,667.00 Police Pension .... 0,375 12,645.00 355.00 13,000.00 Fire Pension ........ 0.625 21,075.00 592.00 21,667.00 Library ................. 0.894 30,147.00 846.00 30.993.00 Main Sewer .......... 0.379 12,780.00 359.00 13,139.00 Playground and Swimming Pool 0.367 12,376.00 347.00 12,723.00 Dock Operation .. 0.500 16.860.00 473.00 17.333,00 Dock Bond and Interest .............. Snow Removal .... 1.025 0.182 34,564.00 6.137.00 970.00 172.00 35,534.00 6,309.00 Emergency ............ 1.000 33,721.00 946.00 34.667.00 Subtotals ..19.548 $659,175.00 $18,505.00 $677,680.00 Road Tax on Agricultural Lands (Gen. Fund) 104,00 Library Tax on Agricultural Lands (Library Fund) ......................................... 74.00 GRIND TOTAL RECEIPTS FROM TAXES AS LEVIED AUGUST, 1941 ............................$677,858.00 The above estimate is based on a revised taxable value of $34,667,808.00, which is the assessed value fol 1942-43 operation upon which the 19.548 mill levy and the adjustment of moneys and credits equal to $18,505.00 amounts to $677,680.00. plus taxes on agricultural lands equal to $178.00 totals $677,858.00 as obtained from the County Auditor. The millage for 1941-42 operation was 19.270 mills on a taxable valuation of $34,636,510.00 amounting to $648,- 537.00 plus Moneys and Credits of $18,903.00, plus taxes on agricultural lands of $174.00 totalled $667,614.00. Special Session, March 20th, 1942 63 B. From Miscellaneous Sources, 1942.43 General Misc. Revenues Excavation Permits..........................................................$ 100,00 Police Court Returns .................................................. 9,900.00 Electrical Permits.......................................................... 1,750.00 Plumbing Permits.......................................................... 1,500.00 Building Permits............................................................... 2,000.00 Franchise Tax................................................................... 600.00 ScaleFees....................................................................... 250.00 State Highway Maintenance ..................................... 2,505.00 Sale of Real Property ................................................... 3,000.00 Dieting Prisoners............................................................ 200.00 Health Dept. Receipts ................................................. 500.00 Ambulance Fees............................................................. 1,200.00 Dog Licenses ............................. ............... 650.00 Business Licenses........................................................ 4,250.00 Miscellaneous Rental ................................................. 900.00 Cigarette Permits........................................................... 15,500.00 Seer Permits...................................................................... 25,750.00 Miscellaneous Sales ..................................... ................. 445.00 MilkInspection Fees ... ........................ ..... .... ..... I.......... 2,000.00 Department Receipts ........................................... .. 500.00 Total General Miscellaneous Receipts ............$73,500.00 FIRE MAINTENANCE FUND Estimated Balance April 1, 1942 ................................$11,000.00 LIBRARY FUND Fines. Book Rentals ....................................................$ 2,000.00 PARK FUND Estimated Balance April 1, 1942 ................................$ 2,500.00 Collections and Concessions.......................1................ 450.00 Total...............................................................................$ 2,950.00 PLAYGROUND AND SWIMMING POOL FUND Swimming Pool Receipts ................................................$ 2,500.00 SkatingReceipts............................................................... 200.00 Athletic Field Fees ......................................................... 375.00 Total...............................................................................$ 3,075.00 DOCK FUND Estimated Balance April 1, 1942 ........ ....................... E 31000.00 OilTerminal Fees ......................................................... . 2,500.00 HarborLeases................................................................. 1.000.00 WharfageFees ....................................................... 5.500.00 Total............................................................................. $12.000.00 POLICE PENSION FUND 1,600.00 Estimated Balance April 1, 1942 ................................ $ Contributions from Members ....................................... 1,450.00 Total...............................................................................$ 2,950.00 FIRE PENSION FUND$ 1,950.00 Estimated Balance April 1, 1942 ................ 2,250.00 Contributions from Members ..................................... Total.......................... .... ............ ............. ..... ................$ 4,200.00 DOCK BOND AND INTEREST FUND Sinking Fund for Dock Bond Redemption ..............E 5,000.00 TOTAL ESTIMATED MISCELLANEOUS $114675.00 REVENUES.................................................... TOTAL TAXES, MONEYS AND CREDITS 877,,866.00 TOTAL ESTIMATED CITY REVENUES $792,533.00 WATER WORKS DIVISION (Self -Supporting) 20,000.00 Estimated Balance April 1, 1942 ................... •...$156,550.00 Estimated 1842-43 Water Revenue ................... Total .........................................$175,550.00 ESTIMATED GRAND TOTAL CITY REV- ENUE AND WATER DIVISION ............$068,083,00 CITY OF DUBUQUE, IOWA APP AOPRIATIONS PRIL 1, 1942, TORMARCH THE 1311,AYEAR 1943 GROUP I—GENERAL ADMINISTRATION (General Fund) 1941-42 Proposed 1942-43 Item 101—Council Appropriations Appropriations A.......$ ................ $ 1,500.00 Salaries................................... 64 Special Session, March 20th, 1942 B. Travel ............................................ 175.00 175.00 J. Mlacellaneoua ................... ..... 25.00 25.00 Total ..... ........................ ..................... i 200.00 $ 1,700.00 Item 102 -City Manager's Office A. Salary City Manager .............*j A. Salary Secretary ........................ A. Salary Stenographer ............... B. Travel ............................................ C. Office ............................................... 5,200.00 •$ 1,920.00 1.320.00 100.00 125.00 5,720.00 2,112.00 1,452.00 100.00 125.00 D. Printing ....................................... 15.00 15,00 F. Maintenance .................................. 200.00 200.00 G. Material and Supplies .......... 325.000 325.00 Total .................................................. $ 9,205.00 $ 10,049.00 Item 103 -City Clerk's Office A. Salary City Clerk ........ .... ....$ 2,500.00 $ 2,750.00 A. Salary Extra Help ................ .... 150.00 150.00 G. Material and Supplies ._ ........ 75.00 75.00 Total....................................................S 2.725.00 $ 2,975.00 Item 104 -City Auditor's Office 50.00 50.00 A. Salary City Auditor ................ *$ 1,960.00 •$ 2,156.00 F. Maintenance ................................. 50,00 50.00 G. Material and Supplies .............. 100.00 100.00 Total ......................................................$ 2,110.00 $ 2.306.00 Item 105 -City Treasurer's Office A. Salary City Treasurer ............OS 1,920.00 •_ 2,112.00 D. Printing and Advertising ........ 25.00 25.00 F. Maintenance ................................ 25.00 25.00 G. Material and Supplies .............. 150.00 150.00 1. Surety Bond ................................. 50.00 50.00 Total ...................................................$ 2.170.00 $ 2.362.00 ("Note: 20% of Salaries of City Manager, City Auditor and City Treasurer are paid by Water Department.) Item 106 -City Solicitor's Office A. Salary City Solicitor ...............5 4,000.00 $ 4.400.00 B. Travel .................... _..... ........ ... 40.00 40.00 C. Office ............ _... ............ 40.00 40.00 G. Material and Supplies .... .... 85.00 35.00 Total .... _ ..... ............................. ....j 4,165.00 $ 4,565.00 Item 108 -City Assessor's Office A. Salary City Assessor ................$ 1,200.00 $ 1,320.00 A. Salary Deputies (3) ................. 1,125.00 1,800.00 G. Material and Supplies ............. 25.00 25.00 J. Board of Review ........................ 1,200.00 600.00 Total ...................................................$ 3,550.00 $ 8.745.00 Item 109 -Civil Engineer's Office A. Salary Instrument Man ..........$ 1,680.00 $ 1,848.00 A. Salary Rodman .......................... 2,640.00 2,904.00 C. Office ........................................... 10.00 10.00 E. Equipment ........................................ :0.00 50.00 F. Maintenance ............................... 500.00 500.00 G. Material and Supplies .............. 500.00 500.00 Total .... _ ................ ..........................$ 5.380.00 = 5.812.00 Item 113 -City Elections A. Salaries Clerks, Etc . ................$ 500.00 $ 500.00 �. Material and Supplies .............. 400.00 400.00 J. Rents ................................................ 50.00 50.00 Total ............................... ..........$ 950.00 f 950.00 ;tem 114 -City Buildings A. E. Salaries Janitors ........................$ 2,000.00 $ 2,200.00 F. Equipment ................................... Maintenance and Repairs ........ 1,500.00 2,500.00 1,500,00 2,500.00 G. H. Material and Supplies .............. 1,000.00 1,000.00 Beat and Light .......................... 2,900.00 2,900.00 Total ..................................................$ 9,900.00 $ 10.100.00 Item 115-1`011ce Court A. Salary Police Judge ................$ 11500.00 $ 1,650.00 Special Session, March 20th, 1942 65 G. Material and Supplies ............ 15.00 15.00 Total ...................................................$ 1,515.00 $ 1,665.00 Item 116 -Civil Service Commission G. Material and Supplies ..............$ 50.00 $ 100.00 J. Miscellaneous ............................. 50.00 100.00 Total ...................................................$ 100.00 $ 200.00 SUBTOTALS GROUP I -GEN- ERAL ADMINISTRATION $ 41,970.00 $ 46,429.00 GROUP II -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (General Fund) Rate Per Mo. A. Salary Chief of Police ..............$ 2,820.00 ( 1) @ $258.50 $ 3,102.00 A. Salary Senior Captain ................$ 2,160.00 ( 1) @ $198.00 $ 2,376.00 A. Salaries Captains ............. 3,840.00 ( 2) @ 176.00 4,224.00 A. Salaries Desk 173.25 Sergeants ...._...... 5,690.00 ( 3) @ 6,257.00 A. Salaries Detectives .......... 7,440.00 ( 4) @ 170.50 8,184.00 A. Salaries Motorcycles ........ 3,600.00 ( 2) @ 165.00 3,960.00 A. Salaries Patrolmen (after 3 years) 38,280.00 (22) @ 159.50 42,108.00 A. Salaries Patrolmen (before 3 years) 5,040.00 ( 3) @ 154.00 5,544.00 A. Salaries Patrolmen (During first year) ........ ...._.......... ( 0) @ 137.50 A. Salaries 115.50 Matrons ............. 2,520.00 ( 2) @ 2,772.00 A. Salaries Special Officers 100.00 100.00 50.00 B. Travel .......... 50.00 C. Office ................ 425.00 425.00 D. Printing ........ 50 00 E. Equipment ..... 2,000.00 50.00 2.000.00 F. Maintenance ...... 2,200.00 2,200.00 G. Material and Supplies ..... 2,700.00 x,700.00 J-1. Feeding Prisoners ............ 1,500.00 1.500.00 3-2. Miscellaneous300.00 (Injuries) ............ 300.00 Total ...$ S0,715.00 $ 87,852.00 Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ............$ 2,820.00 ( 1) @ $258.50 $ 3,102.00 A. Salaries Senior Captains 4,080.00 ( 2) @ 187.00 4,488.00 A. Salaries 176.00 Captains ............ 9,600.00 ( 5) @ 10,560.00 A. Salaries Lieutenants ........ 12,600.00 ( 7) @ 165.00 1.3,860.00 A. Salaries 165.00 Engineers ............ 7,200.00 ( 4) @ 7,920.00 A. Salaries Firemen (after 3 years) .. 48,720.00 (28) @ 159.50 53,592.00 A. Salaries Firemen 154.00 (before 3 years) 10,080.00( 6) @ 11,088.00 A Salaries Firemen (during first year) 6.000.00 ( 4) @ 137.50 6,600.00 B. Travel .............. 50.00 650.00 C. Office ................650.00 35.00 D. Printing .......... 35;00 2,600.00 F-1. Maintenance 2,600.00 F-2. Repairs 3,000.00 to Buildings ........ 3,000.00 G. Material and Supplies ... 2,700.00 2,700.00 3,000.00 00.00 H. Heat and Light 3'400.00 400.00 I. Insurance ........ J-1. Miscellaneous900 X00.00 (Injuries) ............ 00 J-2. Interest 60.00 on Warrants ...... 60.00 J-3. Reserve 632.00 521.00 for Emc*gency Total............ $115,127.00 $125, 126.00 (Fireintance Tax -$114,1'26.00; Balance April 1, 1942-$11,000.00.) fib Special Session, March 20th, 1942 Item 1198 -Fire Equipment Fund $ 2.646.00 (General Fund -$1.146.00; Fees -$1.500.00) E. Equipment .... $ 12.535.00 $ 12,649.00 Item 120 -Fire and Police Alarm (General Fund) (General Fund and Misc. General Revenues) A. Salary City Electrician ............E 1.950.00 $ 2,145.00 A. Salary Assistant .....__............ 1,500.00 1,980.00 A. Salary Extra Help ._ ................ 100.00 100.00 C. Office ................ ....... _ ........ 100.00 100,00 E. Equipment ............ __ ................ 150.00 150.00 N. Maintenance .. ........ 150.00 150.00 G. Material and Supplies ........ .... 200.00 200.00 H. Ileat, Light and Power ........... 100.00 100.00 Total ................................................... $ 4,550.00 $ 4,925.00 Item 121 -Building Commissioner's Office (General Fund and Mise. General Revenues) A. Salary Building Commissioner ............ •$ 8,000,00 •$ 3,300.00 �. Office 25.00 25.00 ............................................... F. Maintenance .... ...................I .... - 150.00 150.00 G. Material and Supplies ............. 100.00 100.00 Total ............................. ..................... E 3.275.00 $ 8,575.00 (General Fund -$1,575.00; Fees -$2,000.00) (*NOTE.: Includes Civil Engineering Duties) A. Salary Nurse (10 Mo.) .... 1,400.00 (12 Mo.) 1,848.00 Item 122 -Plumbing Inspector's Office Mo.) 1.782.00 A. Salary Nurse (10 Mo.) .... 1,250.00 (12 Mo.) 1,650.00 (General Fund and Misc. General Revenues) A. Salary Plumbing Inspector ....E 2,160.00 $ 2,876.00 C. Office ............................................... 25.00 25.00 D. Printing............................1.......... 15.00 15.00 G. Material and Supplies ............ 50.00 60.00 J-1. Plumbing Board ........................ 180.00 180.00 Total ................................................$ 2,430.00 $ 2.646.00 (General Fund -$1.146.00; Fees -$1.500.00) Item 123 -Electrical Inspector's Office (General Fund and Misc. General Revenues) A. Salary Electrical Inspector ....$ 2,220.00 $ 2,442.00 C. Office .............................................. 25.00 25.00 D. Printing ......................................... 16.00 15.00 F. Maintenance ............................... 175.00 175.00 G. Material and Supplies ............ 100.00 100.00 Total ...................................................$ 2.635.00 $ 2.757.00 (General Fund -$1,007.00; Fees -$1,750.00) Item 124 -Dog Pound (Misc. General Revenues) J. Enforcement Dog Ordinance $ 150,00 $ 150.00 SUBTOTALS GROUP Il, PRO- TECTION OF LIFE AND PRO- PERTY ...............................................$221,320.00 $239.580.00 GROUP III -HEALTH AND SANITATION Item 126 -Health Operation (General Fund and Misc. General Revenues) A. Salary Director (part time) ............$ 1,800.00 $ 1,980.00 A. Salary Sanitary Inspector ................ 1,450.00 1,595.00 A. Salary Clerk and Registrar .......... 1,080.00 1,452.00 A. Salary Restaurant Inspector .....,.. 1,080.00 1.188.00 A. Salary Head Nurse (11) Mo.) ....... 1,700.00 .............. A. Salary Nurse (10 Mo.) .... 1,400.00 (12 Mo.) 1,848.00 A. Salary Nurse (10 Mo.) .... 1,350.00 (12 Mo.) 1.782.00 A. Salary Nurse (10 Mo.) .... 1,250.00 (12 Mo.) 1,650.00 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 ....................... 250.00 250.00 G. Material and Supplies ... 400.00 400.00 J-1. Laboratory Expense ......... 900.00 900.00 J-2. Miscellaneous ........................ 100.00 100.00 Total ............................................$13,060.00 (General Fund -$12,945.00; Fees -$500.00) $13,445.00 Item 126 -Control of Contagious Diseases (General Fund) J. Control of Contagious Diseases ................$ 1,200.00 5 1.200,00 Item 127 -Sewer Maintenance (Main Sewer Fund) A. Salary Sewer Foreman ..........$ 1,M10.00 $ 1,848.00 Special Session, March 20th, 1942 67 A. Wages Laborers ........................ 8,600.00 8,500.00 E. Equipment ................................... 700.00 700.00 F. Maintenance .............................. 700.00 700.00 G. Material and Supplies ............ 500.00 491.00 H. Power for Sewer Pumps .......... 900.00 900.00 Total ....................................................$ 13,100.00 $ 13,139.00 Item 128 -Garbage Disposal (General Fund) J. Contract for Garbage Collection and Disposal ............. $ 15,490.00 $ 15,490.00 Item 129 -Milk Inspection (General Fund and Misc. General Revenues) A. Salary Milk Inspector _._........ $ 1,800.00 •$ 2,400.00 E. Equipment .................................. 160.00 160.00 F. Maintenance of Car ................. x00.00 ................ G. Material and Supplies 100.00 100,00 Total ...................................................$ 2,360.00 $ 2,660.00 (General Fund -E660.00; Fees -$2,000.00) (*NOTE: Includes Maintenance of Inspector's Car) SUBTOTALS GROUP III- HEAI.TH AND SANITATION $ 45,210.00 $ 45,934.00 GROUP IV -HIGHWAYS AND STREET LIGHTS Item 131 -Highways Administration (General Fund) A. Salary Timekeeper ....................$ 1,920.00 $ 2,112.00 F. Maintenance 100.00 100.00 G. Material and Supplies 150.00 150.00 Total ....................................................$ 2,170.00 $ 2,362.00 Item 132 -Street Repairing and Grading (General Fund and Grading Fund) A. wages Laborers .......................$ 15,750.00 $ 17,325.00 E. Equipment ................................... 4,500.00 4,500.00 F. Maintenance ................................. 4,500.00 4,500.00 G. Material and Supplies 5,500.00 5,500.00 Total ....................................................$ 30,250.00 $ 31,825.110 (General Fund -$26,825.00; Grading Fund -$5,000.00) Item 133 -City Garage (General Fund) A. Salaries Mechanics ....................; 7,875.00 $ 8,650,00 C. Office........................................... E. Equipment 500.00 500.00 F. Maintenance ................................. 400.00 400.00 G. Material and Supplies ............. 325.00 325.00 H. Heat, Light, Power .••• . • ......• 2'550.00 2,500.00 50.00 I. Insurance ....................................... Total.. $ 11,725.00 $ 12,500.00 .............................................. Item 134 -Ash and Can Collection (General Fund) A. Wages Drivers and Laborers$ 9,000.00 $ 9,900.00 F. Maintenance 1,400.00 1,400.00 G. Material and Supplies500.00 500.00 Total ..................................................$ 10,900.00 $ 11,800.00 Item 138 -Street and Traffic Signal Lighting (Light Fund) H. Street Lighting andTraf- fic Signals ..................................$ 39,800.00 $ 36,800.00 Item 140 -Street Cleaning (Garbage Disposal and Street Cleaning Fund) A. Wages Drivers and Labor- ers ..................................................$ 12,500.00 $ 12,500.00 E. Equipment 500.00 500.00 3,000.00 3,400.00 F. Maintenance G. Material and Supplies .......... 580.00 800.00 J. Reserve ......................................... 149.00 133.00 Total...$ 16,729.00 $ 17,333.00 ............................................ Item 141 -Snow and Ice Removal (Snow Removal Fund) A. Labor $ 4,200.00 $ 4,200.00 E. Equipment .................................. 350.00 500.00 F. Maintenance 1,200.00 1,200.00 G. Material and Supplies 350.00 350.00 J. 30.00 59.00 Reserve....................................... Total................. ... .........................$ 6,130.00 $ 6,309.00 Subtotal Group IV, Highways $117,704.00 $118,929.60 and Street Lights ............ GROUP V -LIBRARY Item 143 -A -Library Fund and Misc. Library Revenue. A. Salary Librarian ....................$ 2,400.00 $ 2,400.00 A. Salary Reference Librarian.. 1,800.00 1,800.00 68 Special Session, March 20th, 1942 A. Salary Cataloguer-.... 1,620.00 , 1,620.00 A. Salary Juvenile Librarian .. 1,500.00 1,500.00 A. Salary Circulation Head.... 1,260.00 1,260.00 A. Salary School Librarian ........ 1,200.00 1,200.00 A. Salary Asst. of Circulation.... 1,140.00 1,140.00 A. Salaries General Assistant.... 4,521.00 (4) 4,080.00 A. Salary Janitor ......................... 1,380.00 1,380.00 A. Salary Extra Labor ............. .... 200.00 B. Travel ......................................... 50.00 50.00 C. OffIce............................................ 100.00 100.00 D. Printing .......................................... 50.00 50.00 E. Equipment and Books ............ 6,000.00 8,000.00 F. Maintenance ................................ 4,000.00 5,000.00 G. Material and Supplies ......... 1,000.00 900.00 H. Heat, Light, Water .............. 2,000.00 2,000.00 I. Insurance .................................... 200.00 200.00 J. Reserve for Emergency ........ 749.00 187.00 B. Total ....................................................$ 30,970.00 $ 33,067.00 C. F. (Library Tax -$31,067.00; Misc. Library Revenue - G. $2,000.00) 100.00 100.00 GROUP VI -PARK FUND Item 144 -A -Park Administration A. Salary Superintendent ...............$ 1,800.00 $ 2,112.00 B. Travel ........................................... ..... 100.00 75.00 C. Office .................................................. 125.00 125.00 D. Printing and Advertising .......... 50.00 50.00 J. Miscellaneous .............................. 15.00 15.00 Total ......................................................$ 2,090.00 $ 2,377.00 Item 144 -B -Park Areas, Buildings, Etc. A. Wages of Laborers .... .............$10,800.00 $12,200.00 C. Forestry ................... __........ .... ..... 2,000.00 1,500.00 E. Equipment ............. 1,150.00 700.00 F. Maintenance ......... 1,175.00 1,200.00 G. Material and Supplies .. .... .. 3,000.00 3,000.00 H. Heat, Light, Water and Telephone .......................... 1,775.00 2,200.00 I. Insurance ......................................... 500.00 650.00 J-1. Renovations and Replacements 427.00 285.00 J.2. Interest, Reserve and Assessments .............................. 530.00 505.00 ... ......................... ... .... Total...........$21,357.00 $22,240.00 Subtotal Group VI -Park Fund ....$23,447.00 $24.617.00 (Park Tax -$21,667.00; Misc. Park Revenues -$2.950.00) GROUP VII -PLAYGROUND AND SWIMMING POOL FUND Item 145 -A -Recreation Administration A. Salary Director ...............................$ 2,250 $ 2.475.00 B. Travel .............................................. 50.00 50.00 C. F. Office .............................................. Maintenance (Car) ....................... 120.00 360.00 120.00 240.00 G. Material and Supplies .... .... .... 100.00 100.00 Total ................ _ ................ .......$ 2,880.00 $ 2,985.00 Item 145 -B -playgrounds A.Salaries Supervisors, Directors, etc.$ 2,050.00 $ 2,050.00 A. E. Wages of Laborors .................... 200.00 100.00 F. Equipment ...................................... Maintenance 500.00 400.00 G. .................................... Material and Supplies 650.00 400.00 600.00 400.00 R. I. ................ Heat, Light .............. ..... """ Insurance ..... 100.00 100.00 I. ..... Improvement New Playgrounds50.00 50.00 1,000.00 1,000.00 Total .....................................................$ 4,950.00 $ 4.700.00 Item 145 -D -Winter Sports A. C. Wages Check Rooms ..............$ Office 650.00 $ 650.00 E• ................................... Equipment """ 25.00 " 25.00 F. ..................................... Maintenance 100.00 100.00 G. ............ ..I ......... ......... Material and Supplies 200.00 200.00 H. ............. Heat, Light 150.00 100.00 ........................................ 375 325.00 Total ............................ ............$ 1,500.00 $ 1,400.00 Item 145 -E -Swimming Pool A'Salary Superintendent A. .................$ Salaries Guards 450.00 $ 450.00 (4) .................. 840.00 900.00 Special Session, Alarch 20th, 1942 69 A. Salaries Attendants ................. 1,300.00 1,300.00 F. Maintenance ................................. 450.00 450.00 G. Material and Supplies ................ 250.00 350.00 H. Light and Power ..................... 450.00 300.00 1, Insurance ................................... 200.00 215.00 ,1. Miscellaneous .............................. 100.00 .......... Total .....................................................$ 4,040.00 $ 3,965.00 Item 145 -G -Indoor Winter Sports J. Miscellaneous .............................$ 100.00 $ 100.00 item 145 -H -Emergency J-1. interest on Warrants ..............$ 50.00 $ 10.00 J-2. Reserve ........................................ 216.00 148.00 Total .......................................................$ 266.00 $ 158.00 Item 146 -Athletic Park A. Wages Caretaker ....................... $ 400.00 $ 640.00 F, Maintenance .................................. 750.00 750.00 C}, Material and Supplies ............... 150.00 150.00 H. Lights ............................................. 200.00 500.00 I. Insurance .................................... 500.00 450.00 J. Miscellaneous 50.00 Total ....................................................$ 2,050.00 $ 2,490.00 Subtotal Group VII -Playground and Swimming Pool .....................$15,786.00 $15,798.00 (Playground and Swimming Pool Tax -$12,723.00; Misc. Playground Revenue -$3,075.00) GROUP VIII -MISCELLANEOUS Item 147 -Planning and Zoning (General Fund) 25 00 J. Miscellaneous ............................$ 25.00 $ Item 148 -E -Ambulance (General Fund and Misc. Gen- eral Revenues) 3 g2g,00 A. Salaries Drivers (2) ..............$ 3,480.00 $ F. Maintenance 280.00 280.00 r. Material and Supplies ........ 350.00 350.00 I. Insurance ..................................... 225.00 225.00 To :al ..................................................$ 4,335.00 $ 4,683.00 (General Fund -$3,483.00; Ambulance Fees -$1,200.00) Item 148-C-0ther Miscellaneous (General Fund) 80.00 J-1. Iowa League of Municipalities$ 80.00 $ J-2. Damages .... ............. 3,30000 3,300.00 . 00 J-3. Printing Counril Proceedings 3'$50.00 3,200:00 00. J-4. Revised Ordinances .... ......... 000.00 J-5. State Examiners 2, 000.00 2'500.00 J-6. Repairs to Town Clock 500.00 3,500.00 4,000.00 J-7. Misc. Unclassified J-8, Workmen's Compensation In- 1,900.00 1,500.00 In- surance 125.00 125.00 J-9. Interest on Warrants ............ Total ..............................$15.455.00 $14,705.00 Item 148 -F -Airport (General Fund) 130.00 I. Insurance $ 130.00 $ 550.00 ... 650.00 J. Miscellaneous Total ....... ............. .......................$ 680.00 $ 680.00 Subtotal.Group VIII-Miscel-$ 20,495.00 $ 20,093.00 laneous • .... ' GROUP IX -MARKETS AND PUBLIC SCALES (General Fund and Misc. General Revenues) Item 152 -Market Master's Office 1,400.00 $ 1,540.00 A. Salary Market Master ...........$ 20 00 20.00 F. Maintenance •• • .•••• •• .. 65.00 65.00 G. Material and Supplies 20.00 20.00 J. Miscellaneous Subtotal Group IX -Markets 1,505.00 $ 1,645.00 and Public Scales • ••••••••• •. ""$General Revenues - (General Fund -$445 00; Misc. $1,200.00) GROUP X -MUNICIPAL IMPROVEMENTS Item 162 -Assessments and Sewers J-1. City's Share of Special Assess : $ 8,000-00 $ 5,000.00 menta 70 Special Session, March 20th, 1942 J_2, Storm Sewers and Inlets ..... 3,000.00 3,000.00 Subtotal Group X -Municipal 11,000.00 $ 8,000.00 Improvements ..................................$ Fund -$5,000.00; Sewer Fund -$3,000.00) (Improvement GROUP XI -PENSION FUNDS (Dock Fund and Misc. Dock Item 154 -Police Pensions 13,938.00 J-1. Police Pensions ......................$ $ 14,412.00 J-2. Police Retirement System .... 1,210.00 1,538.00 Total ................................................$ 15,148.00 $ 15,950.00 Item 155 -Fire Pensions 420.00 J-1. Fire Pensions ..............................$ 21,083.00 1,745.00 $ 23,363.00 2,504.00 J-2. Fire Retirement System ...... 150.00 Total .................................... i. ...... ...... E 22,828.00 Subtotal Group XI -Pens ons ....$ 37,976.00 $ 25,867.00 $ 41,817.00 (Policemen's Retirement Tax -$13,000.00; Balance on Hand and Contributions -$2.950.00) 100.00 (Firemen's Retirement 7 Balance on Hand and Contributions-$4,200.00 7500 GROUP XII -MUNICIPAL INDEBTEDNESS Item 161 -J -1 -City Bonds and Interest Insurance ......................... .......... A-1. Regular City Bond Interest ..$ 35,446.00 $ 30,068.00 A-2. Grading Bond Redemption ... 17,000.00 18,000.00 A-3. Sewer Bond Redemption .. 42,563.41 35,000.00 A-4. Improvement Bond Redemp- Improvements ............................ tion ........................... ............... 35,000.00 35,000.00 A-5. Funding Bond Redemption .. 20,000.00 25,000.00 A -G. Sinking Fund ........................... 3,000.00 4,000.00 A-7. Reserve .......................................... 1,105.59 1,397.00 Total .................................................$154,115.00 $148,465.00 General Bond Fund -$83,965.00; Grading Fund - $5,000.00; Improvement Fund -$5,000.00; Water Works Fund -$20,000.00; Emergency Fund -$34,500.00 Item 161 -J -2 -Dock Bonds and Interest Salaries Engineers ...................$ A-1. Interest on Dock Bonds .........$ 7,175.00 $ 5,945.00 A-2. Dock Bond Redemption ....... 31,500.00 32,000.00 A-3. Reserve ........................... ........... 539.00 589.00 Total ..................................................$ 39,214.00 $ 38,534.00 (Dock Bond and Interest Fund -$35,534.00; Sinking Fund -$3,000.00 Subtotal Group XII-Muncipal Indebtedness ....................................$193,329.00 $186,999.00 EMERGENCY AND RESERVE Reserve in General Misc. Revenues$ 1,528.00 $ 125.00 Reserve in Emergency Fund ......... 109.00 167.00 Total ........................... _ . _. _ - _4 1,637.00 $ 292.00 GROUP X111 -DOCKS (Dock Fund and Misc. Dock Revenues) Item 153 -A -Dock Operation A. Salaries Engineers .................$ 420.00 $ 420.00 B. Travel ......................................... 150.00 150.00 F. Maintenance ....................... 100.00 100.00 G. Material and Supplies ............ 7500 75.00 I. Insurance ......................... .......... 517.00 517.00 J-1. Traffic Association Services .. 300.00 ......... J-2. Improvements ............................ 900.00 322.00 J-3. Miscellaneous ............................. 900.00 900.00 Total ...................................................$ 3,362.00 $ 2,484.00 Item 153 -B -Dredge Operation A. Salaries Engineers ...................$ 180.00 $ 180.00 A. Salaries Operators .................... 4,200.00 4,200.00 A. Wages Laborers ........................... 2,000.00 2,000.00 F. Maintenance (Repairs) ............ 1,500 UO 1.500.00 G. Material and Supplies .............. 750.00 750.00 H. Electric Power ........................... 5,000.00 5,000.00 I. I. Marine Insurance ................... 723.00 723.00 Workmen's Compensation In- J. surance ........................................ Miscellaneous 300.00 300.00 ............................ 500.00 500.00 Total ...................................................$ 15,153.00 $ 15,153.00 Special Session, March 20th, 1942 71 Item 153 -C -W. P. A. River Front Improvements 5,922.00 $ 11,696.0 A. Wages .........................................$ .......... $ 11000.00 E. Trucking ....................................... 850.00 3,896.00 E. Equipment .................................. 3,650.00 3,650.00 E. Tools ............................................. 500.00 500.00 G. Materials and Supplies .......... 772.00 2,500.00 I. Insurance (Public Liability) .. 150.00 150.00 Total .................................................$ 5,922.00 $ 11,696.0 Subtotal Group XIII -Docks ....$ 24,437.00 $ 29,333.00 (Dock Tax -$17,333.00; Misc. Dock Revenue - $12,000.00) 12,276.00 1,100.00 A. GROUP XIV -WATER WORKS (Self. Supporting) Salary Tapper and Hydrant 1,740.00 RECEIPTS A. .. Man ....................... .... Salary Meter Service Man Estimated Cash on Hand April 1st$ 10,000.00 $ 20,000.00 Estimated Cash for Metered Sales 140,000.00 145,000.00 Estimated Receipts from Flat Sales 250.00 250.00 Estimated Receipts from Fire Protection Service ................... 2,250.00 2,250.00 Estimated Receipts from Non - Operation Service .................... 5,000.00 5,000.00 Estimated Receipts from Sales Tax 2,950.00 3,050.00 Total .......... .......................__.....,. $160,450.00 $175,550.00 DISBURSEMENTS 10,000.00 Item 149 -A -Administration Equipment . ......................... 12,000.00 A. Salary Superintendent and 3,300.00 $ 3,630.00 Cashier ............................. ................$ A.Salary Accountant .................. Salary Stenographer and Clerk 2,200.00 1,620.00 2,442.00 1,782.00 A. A. Salary Clerk ........... ............... Salary City Manager (20%) 1,260.00 1,490.00 336.00 1,430.00 1539.0 A. A. Salary City Auditor (20%) 480.00 528.00 A. Salary City Treasurer (20%) 125.00 126.00 B. Travel ....................... """"" ' ' C. Office Expense and Postage •• 800.00 300.00 800.00 400.00 D. Printing and Advertising... 1,150.00 1,150.00 E. Equipment ...................... 300. 00 300.00 F. Maintenance .............................. G. Material and Supplies .............. 800.00 800.00 75.00 1. Insurance .................................... 50.00 4,800.00 4,800.0 J-1. Sinking Fund ........................... 2,500.00 2,500.00 J-2. Refunds ........................................ 340.00 340.00 J-3. Miscellaneous ........................... J-4. State Sales Tax ................... 2,950.00 3,050.00 24,785.00 $ 26,077.00 Total ... ................ ... ......... ..."-$ Total Item 149 -B -Water Operation A. Salary Field Engineer ...........$ 2,460.00 $ 2,220.00 2,706.00 2,442.00 A. A. Salary Plant Chief Engineer Salaries Plant Engineers (6) 11,160.00 12,276.00 1,100.00 A. Wages Extra Station Labor 1,000.00 A. Salary Tapper and Hydrant 1,740.00 1,914.00 A. .. Man ....................... .... Salary Meter Service Man 1,620.00 1,782.0 A. Salary Meter Repair Man •• 920.00 1,620.00 112.00 1,752.00 A. A. Salary Meter Reader ........... Salary Asst. Meter Repairer 2,310.00 2680-00 ,541.00 A. Salary General Foreman •.••• 1,740.00 1,914.00 A....,,•,..,. salary Asst. Foreman 8,000.00 8,800.00 A. Wages Laboters ................... 10,000.00 10,000.00 D. Equipment . ......................... 12,000.00 12,000.00 F. G. Maintenance ............................. Material and Suppiies .••. ..... 1,500.00 25,000.00 2,000.00 25,000.00 H. Heat, Light and Power •• •• 1250.00 1,500.00 I. J-1. Insurance ...••.• • •• •• . """"' Nater Main Materials • ••••.••: 10000.00 13:740.00 10,000.00 22,931.00 J-2 Other Betterments ..... • • •• •• Reserve 00 3'880.00 3000.00 1000.00 J-3. J-4. Store ............................ Miscellaneous ........... .•• "_ $128,648 00 Total ..........$114, Grand Total VGater Works Ap-$139,625.00 $154,725.00 propriation •.................. 825.00 525.00 :ion -Appropriated Reserve ••......•••••. 20,000.00 20,000.00 Transfer to City Indebtedness ....... $160,450.00 $175,550.00 Total 72 Special Session, March 20th. 1')42 TOTAL RECAPITULATIONAND OF SPPROPRIATIONS ESERV Budget Budget 1941-42 1942-43 (a) City Operation, Groups 1 to X Inclusive .......................................$529,407.00 $554,092.00 (b) Reserve in General Misc. Re- venues............................................. 1,528.00 125.00 (c) Reserve in Emergency Fund .. 109.00 167.00 (d) Pensions, Group Xl .............. 37,976.00 41,817.00 (e) Municipal Indebtedness, Group XII.................................................... 193, 329.00 186, 999.00 (f) Docks, Group XIII .................... 24,437.00 29,333.00 (g) eater Works, Group XIV ...... 139,625.00 154,725.00 (h) Water Works Reserve ............ 825.00 825.00 Total ..................................................$927,236.00 $968,083.00 Tax Revenues ..........................................$667,614.00 $677,858.00 Miscellaneous Revenues and Esti- mated Balances April 1, 1942 99,172.00 114,675.00 Water Works Revenue ................. 160,450.00 175,550.00 Totals ......................................... ...$927,236.00 $968,083.00 Special Session, A'larch 20th, 1942 7.3 Resolution No. 25-42 Whereas, A budget of proposed expenditures for the fiscal year be- ginning April 1, 1942, and ending March 31, 1943, has been duly pre- pared by the City Manager, pub- lished as required by law and sub- mitted to this Council for approval; and Whereas, This Council has pre- pared its budget of proposed expen- ditures for the fiscal year beginning April 1, 1942, and ending March 31, 1943, wherein estimates of the ex- penses of the departments and pur- poses are shown, including the es- timates for which the consolidated tax levy and all other levies here- tofore made, receipts from moneys and c r e d i t s and miscellaneous sources are to be used, and said budget shows all of the proposed expenditures for the ensuing fiscal year, and the same was published as provided by law, and an oppor- tunity was given all who might wish to file objections or protest to the same, and the time for final ac- tion thereon having been fixed as the 20th day of March, 1942; and Whereas, All objections thereto have been duly considered by this Council and it is deemed advisable to make no changes or alterations therein, this being the day for final consideration thereof: Now, There- fore, Be It Resolved by the City Coun- cil of the City of Dubuque that said Budget of proposed expenditures for the fiscal year beginning April 1, 1942, and ending March 31, 1943, as heretofore prepared be and the same is hereby adopted and ap- proved. Passed, adopted and approved this 20th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. ered the first reading of the ordin- ance. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Thompson m o v e d that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 12-42. An ordin- ance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1942, and ending March 31, 1943, presented and read. Councilman Thompson m o v e d that the reading just had be consid- Nays—None. The ordinance was then read a second time. Councilman Thompson m o v e d that the rhading just had be consid- ered the second reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. 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 Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Notice of Claim of Mrs. Frank Genthe in the amount of $2,000.00 for injuries received in a fall on the crosswalk near the northerly curb of the west side of Central Avenue at Seventeenth Street, presented and read. Councilman Schueller moved that the claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Notice of Claim of Mayme Leidin- ger in an unstated amount for in- juries received in a fall on the crosswalk at or near the west curb line of Main Street at the north- west c o r n e r of 13th and Main Streets, presented and read. Councilman Wharton moved that the claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- 74 Special Session, March 20th, 1942 cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Augusta Stabenow et al., heirs-at-law of John and Mar- garetha Berwanger, both deceased, submitting an offer in the amount of $25.00 for cancellation and re- lease of assessments against Lot 1 of Lot 2 of Lot 2 of Lot 2 of Sub. of Lots 2, 3, 4 and Lot 1 of 5 of the Sub. of Mineral Lot 307A, presented and read. Councilman Murphy moved that the petition be referred to the City Manager, City Solicitor and City Treasurer for investigation and re- port. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen :Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of J o s e p h Walter re- questing the vacation of Carroll Street, presented and read. Councilman Wharton moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Communication of T. E. DeHart, Supervisor, Office of Auditor of State, Des Moines, Iowa, asking to be advised as to whether it is the desire of the City Council to have the examiners from the Office of State Auditor to make the annual audit of the City's records for the period ending March 31, 1942, pre- sented and read. Councilman Wharton moved that the annual audit of the City's rec- ords for the period ending March 31, 1942, be conducted by the exam- iners from the office of the Auditor of State, Des Moines, Iowa. Second. ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Margaret E. Hogan, re- fered to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on the N. % 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 Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Coun. cilman Murphy, Schueller, Thomp. son, Wharton. Nays—None. Communication of Thos. J. Hill submitting application for appoint- ment to serve as a member of the Board of Review for the 1942 term, presented and read. Councilman Schueller moved that the communication be referred to the Council. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—Mayor Van buelman, Coun. cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Jas. F. Lee et al. pro- testing and objecting to the prat tice prevailing contrary to the pro- visions of the Statutes of holding secret, special, formal or informal, regular or irregular meetings for the consideration of, or preliminary legislation of Municipal Govern- ment Affairs behind closed doors of the Manager's Office or elsewhere, to the exclusion of the public and to the detriment of the constitu- tional rights of citizens and demand- ing that all Council meetings be held in the Council Chamber and open to the public as provided by the Code of Iowa, presented and read. Counciiman Wharton moved that the petition be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Council Proceedings for the month of December, 1941, presented for approval. Councilman Thompson m o v e d that the Council Proceedings for the month of December, 1941, be approved as printed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 13-42. An Ordin- ance to compel railroad companies to place and maintain flagmen up- on a certain public street at rail- road crossings, providing regula- tions therefor and repealing ordin- ances in conflict herewith, present- ed and read. Councilman Thompson m o v e d that the reading just had be consid- ered the first reading of the ordin- ance. S e c o n d e d by Councilman Schueller. Carried by the following vote: Special Session, March 20th, 1942 iS Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None.. Councilman Thompson m o v e d that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. The ordinance was then read a second time. Councilman Thompson moved that the reading just had be consid. ered the second reading of the or- dinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. 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 Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays --None. Communication of A. A. Rhom- berg, J. A. Kerper and F. E. Bissell, Committee, submitting report in the matter of the suggested temporary use by Swift & Company of their existing building at the southeast corner of Locust and Dodge Streets until such time as they may be in position to erect a new building, presented and read. Councilman Wharton moved that the communication and report be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. In re: Petition oftaxSarah Koehler for suspension of es on: Lot 15, Jackson School Subdivision, asking that the 1941 tax be suspended be- cause of infirmity. In re: Petition of Bridget Schaf- fert for suspension of taxes on: Lot 2 of 152, Union Addition, asking that the 1941 tax be suspended be- cause of age and infirmity. I recommend that the said peti- tions should be approved by the City Council of the City of Dubuque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. IiINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solic- itor Kintzinger be approved and that the peti.tion of Margaret Smith re- questing suspension of the 1941 tax on the E. '/2 of S. 1/2 of Lot 21 of L. H. Langworthy's Addition be granted, also that the petition of Louis Iiuehnle requesting suspen- sion of the 1941 tax on Lot 60 in McCraney's 1st Addition be granted, also that the petition of Sarah Koehler requesting suspension of the 1941 tax on Lot 15 of Jackson School Subdivision be granted, also that the petition of Bridget Schaf- fert requesting suspension of the 1941 tax on Lot 2 of 152, Union Ad- dition, be g r a n t e d and that the Board of Supervisors be notified of the action of the City Council. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. March 20, 1942. To the Honorbale Mayor and City Council, Dubuque, Iowa. Gentlemen: The term of Mr. Louis Stoffregen as a member of the Board of Zoning Adjustment ex- pired on March 5, 1942. It is necessary for the Council to make an appointment for a five-year term to expire March 5, 1947. Respectfully submitted, March 13, 1942. A A RHOMBERG Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Margaret Smith for suspension of taxes on: E. '/2 of S. % of Lot 21 of L. H. Lang - worthy's Addition, asking that the 1941 tax be suspended because of age and infirmity. In re: Petition of Louis Kuehnle for suspension of taxes on: Lot 60 in McCraney's 1st Addition, asking that the 1941 tax be suspended be- cause of infirmity. City Manager. Councilman Wharton moved that Mr. Louis Stoffregen be reappoint. ed as a member of the Board of Zon- ing Adjustment for a five-year term to expire March 5, 1947. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 26-42 Be It Resolved by the City Coun- 76 Special Session, March 20th, 1942 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 Dr. Pepper Bowling Lanes Club, (effective April 1, 1942), 880 Locust Street. Roy Ney, (effective April 1, 1942), 2991 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 20th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy m o v e d the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None, Resolution No. 27-42 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 follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Name Address Henry Jansen and Lucille Jansen (Transfer of address from 504 Cen- tral Avenue), 55 East 7th Street. Passed, adopted and approved this 20th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WARTON, B. A. SCHUELLER, GEO. R. MURPHY, 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 Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 28-42 Whereas, heretofore application was filed by the within named appli- cant for Class "B" Beer Permit and it has received the approval of this Council; and Whereas, the premises to be occu- pied by such applicant have been in- spected 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 Man- ager be and he is hereby directed to issue to the following named ap- plicant a Beer Permit: CLASS "B" PERMIT Name Address Henry Jansen and Lucille Jansen (Transfer of address from 504 Cen- tral Avenue), 55 East 7th Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 20th day of March, 1942. FRANK VAN DUELMAN, Mayor. 1'. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, 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 Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 29-42 Whereas, application for C l a s s "C" Beer Permit has been submitted to this Council for approval and tho same has been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. CLASS "C" PERMIT Name Address Allan Conrad, 1602 Lincoln Ave- nue.. Passed, adopted and approved this 20th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, B. A. SCHUELLER, Councilmen. Attest: J. J. SHAE, City Clerk. Special Session, March 20th, 1942 77 Councilman Thompson m o v e d cilmen" Murphy, Schueller, Thomp- the adoption of the resolution. Sec- son, Wharton. onded by Councilman Schueller. Nays—None. Carried by the following vote: J. J. SHEA, Yeas—Mayor Van Duelman, Coun- City Clerk. cilmen Schueller and Thompson. Approved BID Nays—None. �. 942 Councilmen Murphy and Wharton Adopted not voting. ; �- , Resolution No. 30-42 Whereas, heretofore application was filed by the within named ap- plicant for Class "C" Beer Permit 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 bend has been filed: 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 "C" PERMIT Name Address Allan Conrad, 1602 Lincoln Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 20th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Schueller and Thompson. N a y s—Councilmen Murphy and Wharton. Mr. Dieterich et al., property owners abutting on Globe Street, objecting to granting the use of 20 feet of this street to one property owner and requesting thatsaid street be ordered opened. Mr. Die terich was informed that Council would view this matter tomorrow afternoon. There being no further business, Councilman Thompson moved to adjourn. Seconded by Councilman Whatton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- Councilmen: LViAM Attest: City Clerk. Special Session, March 21st, 1942 City Council (official) Special Session, March 21st, 1942. Council met at 2:00 P. M. Present—M a y o r Van Duelman, Schueller, Councilmen Murphy, Wharton, City Manager Rhomberg. Absent—Councilman Thompson. Meeting called by order of Coun- cilmen Wharton and Schueller. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of can- vassing the petitions for nomina- tions for Councilmen and Park Commissioner to be voted on at the General Municipal Election to- be held March 30th, 1942, and acting on any other business as may pro- perly come before a regular meet- ing of the City Council. Resolution No. 31-42 Whereas, petitions in legal form have been filed with the City Clerk for the City of Dubuque nominat- ing candidates for the office of Coun- cilman for the term commencing on the first Monday of April, 1943, and for the office of Park Commission- er, and said petitions have been canvassed by the City Council of said City and found to contain the number of signatures of electors provided by law to entitle such per- sons for whom such petitions have been filed to be candidates for the ollice of Councilman and Park Com- missioner and have their n a m e s printed on the official ballots to be voted on at the General Municipal Election to be held on the 30th day of March, 1942: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: That the City Clerk be and he is hereby directed to place the names of the following named persons up- on the official ballots for the elec- tion referred to and for the respec- tive terms and offices to be filled at said election, to -wit: For Councilman, term commenc- ing the first Monday of April, 1943: W. W. Moffatt, Geo. R. Murphy; For Park Commissioner: Charles T. Landon. Passed, adopted and approved this 21st day of March, 1942. FRANK VAN DUELMAN, Mayor. ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Whar- ton. Nays—None. Absent—Councilman Thompson. Communication of Louis J. Lagen submitting application for appoint- ment as member of the Civil Ser- vice Commission, presented and read., Councilman Wharton moved that the communication be referred to the Council. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Whar- ton. Nays—None. Absent—Councilman Thompson. Petition of John J. Grommersch requesting a refund in the amount of $50.00 on his Beer Permit No. 91 expiring on July 1, 1942, and also requesting a refund in the amount of $25.00 on his Cigarette Permit No. 164 expiring on July 1, 1942, as he is discontinuing business as of March 21, 1942, presented and read. Councilman Murphy moved that the requests be granted and the City Auditor to be instructed to draw a warrant in the amount of $50.00 in favor of John J. Grom- mersch to cover the amount of re- fund granted on the unexpired por- tion of his Class "B" Beer Permit No. 91 expiring July 1, 1942, and al- so to draw a warrant in the amount of $25.00 in favor of John J. Grom- mersch to cover the amount of re- fund granted on the unexpired por- tion of his Cigarette Permit No. 164 expiring July 1, 1942. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Whar- ton. Nays—None. Absent—Councilman Thompson. Communication of Milton J. Glenn; District Judge, urging Coun- cil to adopt an ordinance licensing junk dealers, presented and read. Councilman Wharton moved that the communication be referred to the Council and the City Manager to be instructed to invite all junk dealers, who so wish, to attend the meeting of the City Council to be held March 27, 1942. Seconded by Councilman Murphy. Carried by the following vote: . Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Wharton. Nays—None. Absent—Councilman Thompson. There being no further business, Councilman Wharton moved to ad- i9 Special Session, march 21st, 1942 journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Wharton. Nays—None. Absent—Councilman Thompson. J. J. SHEA, City Clerk. Approved Adopted Councilmen: v "`.. •• r� ............... Attest: ..4.,.•. V� City Clerk. City Council (Official) Special Session, March 27th, 1942. Council met at 7:30 P. M. Present—M a y o r Van Duelman, mi)cilmen M u r p h y, Schueller, hompson, Wharton, City Manager Meeting called by order of Coun- cilmen Schueller and Murphy. —Mayor Van Duelman 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- ance No. 12-42. An ordinance ap- yakUrlating money for the various funds and purposes of the City of Dubuque for the fiscal year begin- ning April 1, 1942, and ending March 31, 1943, and acting on any other business as may properly come before a regular meeting of the City Council. Petition of Jas. F. Lee et al. sub. mitting objections in addition and in further support of the objections already filed to the adoption of the proposed Budget Appropriation Or- dinance and requesting the forward- ing of a published copy of the Bud- get Ordinance together with cer- tified copies of the annual and monthly itemized reports of expen- ditures of the City Auditor and City Treasurer to the State Comptroller for the further attention of the State Auditor in order to determine the iegality, or lack of "effect" of the objections as propounded by the So- licitor and stating that in consider- ation of the objections and facts that demand is hereby made at this time on'the Mayor and City Council for the removal from office of A. A. Rhomberg, City Manager, and J. J. Kintzinger, City Solicitor, as pro- vided in Section 6673 of the City Manager Law and Section 1117 of the Code for Violation of the spe- cific statutes indicated in this aP- peal Councilman Wharton moved that the petition be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, ThomP- son, Wharton. Na'Ys—Nona. Ordinance No. 12-42. An ordin- ance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1942, and ending March 31, 1943, said ordinance hav- ing been passed upon first and sec- ond readings on March 20, 1942, and ordered placed on file with the City 80 Special Session, March 27th, 1942 Clerk for public inspection for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 12.42 An ordinance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1942, and end- ing March 31, 1943. Be it ordained by the City Council of the City of Dubuque: Paragraph 931. Consolidated tax levy, Section 1. That the consoli- dated tax here.ofore levied pursuant to Section 6217 of the 1939 Code of Iowa Is hereby appropriated to the General, Grading, Improvement, Sewer and Light Funds in the following ratios, to -wit: (a) General Fund 000 0075 (c) Improv men Fund Fund $10.- 000.00; (d) Sewer Fund $3,000.00; (e) Light Fund $36,800.00. Paragraph 932. Agricultural tax. Section 2. That the revenue antici- pating .to be received from the tax upon agricultural lands within the city (exclusive ,, synch portion there- of allotted to the Library Fund) in the sum of $104.00 is hereby appro- priated to the General Fund, mak- ing the tax total of vatd General Fund, $182,979.00. Paragraph 93'4 Funds. Section 3. That the appropriations for the fiscal year beginning April 1, 1942, and end- ing March 31, 1943, for the various departments and purposes of the City of Dubuque be fixed and determined as follows: Group 1. General Administration Departments 101—City Council ....................$ 1,7UU.00 102—Office of City Manager 10,049.00 103—Office of City Clerk ... 2,975.Uu 104—Office of City Auditor... 2,306.UU 105—Office of City Treasurer 2,362.00 106—Office of City Solicitor4 4,565.00 108—City Assessors Office.... 3,529.01) 109—Office of Civil Engineer 5,812.00 113—Elections 950.00 114—City Buildings .......I.......... 10,100.00 115—Police Court ...................... 1,665.00 116—Civil Service Commis- sion ........................ iOU.00 (These appropriations shall be paid from the General Fund.) Group it. Protection of Life and Property 118—Police Department ....$87.852.00 (This appropriation shall be paid from the General Fund.) 119A—Fire Dept. Mainten- ance ................... $125,126.OU faidriation shall roms this e Fire Departmen teMain- tenance Fund.) 11913 --Fire Equipment ............$12,549.00 (This appropriat'.nn shall be paid from the Fire Equipment Fund.) 120—Fire and Police Alarm Sys- tems $4,925.0 (This appropriation shall be paid from the General 121—Office of BuildingdCom- missioner ................................$3,575.OU be paid fromtthe is GeneralaFion sund and $2,000.00 from miscellaneous gen- era( revenues.) 122—Office of Plumbing In- spector .................................. $2,646.00 ($1,146.00 of this appropriation shall be paid from the General Fund and $1,500.00 from miscellaneous gen- eral revenues.) 123—Office of Electrical Int- spector. $2, 757. UO ............................... . ($1,007.00 of this appropriationshall be paid from the General Fund and $1,750.00 from miscellaneous gen- eral revenues.) 124—Dog Pound ..............................$150.09 (This appropriation shall be paid from miscellaneous general reve- nues.) Group 111. Health and Sanitation. 125—Health Operation ... .. $13,445.OU (This appropria -on shall be paid from the General Fund.) 126—Control of Contagious Diseases ...... ..... .. ...........$1,200.00 (This appropriation all be paid from the General Fund.) 127—Sewer Maintenance .. ....$13.139.00 (This appropriation shall be paid from the Main Sewer Fund.) 128—Garbage Disposal ............$15,49U.00 (This appropriation shall be paid from the General Fund.) 129—Milk Inspection ............... $2,660.00 ($660.00 of this appropriation shall be paid from the General Fund and $2,000.00 from miscellaneous gen- eral revenues.) Group IV. Highways and Street Lights 131—Highway Administra- tion ............................................$2,362.90 (This appropriation shalt be paid from the General Fund.) 132—Street Repairing and Grading ..... ..... $31,825.00 ($26,825.00 of this appropriation shall be paid from the General Fund and $5,000.00 from the Grad - Ing Fund.) 133—City Garage .. ........ ........$12,500.00 134—Ash and Can Collection $11,800.00 (These appropriations shall be paid from the Gener: • l ir,d.) 138—Street and Traffic Sig- nal Lighting . ._ — $36,80U.ou (This appropriation shall be paid front the Light. Fu id. ) 140—Street Cleaning ._ .... ... $17,333.00 (This appropriation shall he paid from the Garblge Disposal and Street Cleaning Fund.) 141—Snow and Tce I»moval.. $G,309.00 (This appropriation shall be paid from the Snow Removal Fund.) Group V. Library 143—Library Operation ......... $33.067.OU ($31,067.00 of this appropriation shall be paid fron, the Library Fund and $2,000.00 from miscellaneous library revenues ) Group VI. Parks 144A—Park Administration .._ $2.377.UO 14413—Park Areas Buildings, Etc. ..................... $22.240.00 ($21,667.00 of these appropriations shall he paid from the Park Fund and $2,950.00 from miscellaneous park revenues.) Group VII. Recreation 145A—Recreation Administra- tion ................._........_...._..__... ... ......... $2,985.00 145B—Playgrounds ..... ... ........ .._$4,700.00 145D—Winter Sports .... ............... $1,400.00 145E—Swimming Pool ......... _..... _...$3,965.00 145G—Indoor Winter Sports _.$ 100.00 1451-I—Ennergency ............. .... .._......... $ 158.00 146 —athletic Park __.. ................ $2,490.00 ($12,723.00 of these appropriations shall be paid from the Playground and Swimming Pool Fund and $3,075,000 from miscellaneous recrea- tion revenues.) Group Vill. Miscellaneous 147 —Planning and Zoning ......$ 25.00 (This appropriation shall be paid from the General Fund.) 14SE—Ambulance ....... ...... .......... ..... _.$4,683.00 ($3,483.00 of this appropriation shall be paid from the General Fund and $1,200.00 from the miscellaneous genal revenues.) 1 8CeCOther Miscellaneous __.$14,705 00 148F—Airport................. 680.00 Special Session, Alarch 27th, 1942 81 (These appropriations shall be paid I froill the General Fund.) t Group IX. Markets and Scales i 152 —Office of Market Mas- ter... ... ......._......... .._..... .._............. ........ _.$ 1,645.90 ($415.60 of this appropriation shall be paid from the General Fund and $1,200.00 from miscellaneous gen- eral revenues.) Group X. Municipal Improvements 162J-1—City's Share of Spe- cial Assessments ............. .... ..E 5,000.00 (This appropriation shall be paid from the improvement Fund.) 162J-2—Storin Sewers and In- lets...... .. $ 3,000.00 (This appropriation shall be paid from the Sewer Fund.) Group XI. Pensions 154J-1—Pollee PoliPension shall be,412.00 paid (This appropriation from the Police Pension Fund.) 154J -2—P o 1 1 c e Retirement ;1,b38.00 System......................................... (This appropriation shall be paid from the Police Retirement Fund.) 155J-1—Fire Pensions _.. ....._$23,363.00 f olis m theFireation shall Pension Fund.) paid 155.1-2—Fire Retirement Sys- tem $ 2,504.00 (Phis appropriation shall be paid from the Fire Retirement Fund.) Group XII. Municipal Indebtedness 161J-1—Roti r e In e a t s of Bonds and payment of in- terest __....._....._... _..$148,465.00 (This appropriation shall be paid from the following funds: General Bond Fund, $83,965.00; Grading Fund, $5,000.00; JmProvement Fund, ubU.00;00Eme Emergency Fund, ; Water $34,500.00) 161J-2—Itrlirement of Dock L'•nul�. .ural l,nynient of Ill- ... n- �t _......_.........$ 38,534.00 (Thi:: uDl'r'"I'riatiun "hall be paid from the Dock Build Fuad.) Group XIII. Public Docks 153A—Dock operation ................$ 2,484.00 153L'—Dredge Operation 1111.... _.$15,153.00 153C—W. P. A. Project ..........$11,696.00 ($17,333.00 of these appropriations Shall be paid from the Dock Opera- tion Fund :and $12,000.00 from mis- cellaneous dock revenues.) Group XIV. Water Works 149R—Operation ..11__11—._ ... ...... _$128,645.00 (This department Is operated from its receipts and is not supported by tax levy, hent" no appropriation from taxes is nne.de, but the fore- going amounts are appropriated from the revenue of such depart- ment.) Paragraph 93,1—General miscellane- ous revenues. Section 4. General mis- cellaneous revenues which are col- lected during the fiscal year shall be allocate,l to the departments and pur- poses as provided for herein and shall be used for the payment of the ex- penses of such departments and pur- poses In the sums herein shown. Paragraph 935—Surplus. Section 5. Any surplus not specifically allocated for a definite Purpose in the budget and which may exist in either the General Fund or miscellanoeous rev- enues account shall be and the same is hereby appropriated and set apart to be applied as contingencies arise or may be used for such proper pur- poses as the Council may determine upon. Any surplus not specifically dis- tributed In the budget and remaining n funds created by the levy of special axes shall be and the same is hereby appropriated for any proper purpose ncident to such funds. Any surplus remaining in any fund at the close of the fiscal year 1941-42 (except tax- es which have been levied for special ►)urposes) shall be transferred into and became a part of the General Fund. Nothing herein contained shall authorize the tranhler of funds realiz- ed from special taxes to a fund or purpose for which any special tax levy has been made, except only with the approval of the State Comptroller. Paragraph 936—Receipts from Swimming Pool. Section 6. All re- ceipts from the operation of the swim- ming pool shall be allocated to the Playground and Swimming Pool Fund. Paragraph 937—Emergency Funds. Section 7. Transfers of money may be made from the Emergency Fund to any other fund for the purpose of meeting deficiencies in any such fund arising from any cause; provided, however, that no such transfer shall be made except upon the written ap- prcval of the State Comptroller and then only when such approval is unanimously requested by the City Council. Paragraph 934—Delinquent Taxes. Section 8. Delinquent prior years' tax- es shall be allocated to the respective funds entitled to the same when and as the sante are received by the City Treasurer. Paragraph 039—Distribution. Section 9. That the distribution and division of the within appropriation shall be made In accordance with the budget of the City Council adopted on March 20, 194:11, which budget is made a part of this or,linance by reference thereto and shall be considered in connection with the expenditures of said appro- priatiolls. Paragraph 940 --Emergency clause. Section J0. This ordinance, in the interest of the vreservation of public peace, health, safety and the general welfare of the City of Dubuque and the inhabitants thereof being deemed urgent and of immediate necessity, shall be in force and effect from on and after its final passage, approval by the City Council and pub- lication as provided by law, and the appropriations herein provided for hhail be available when transferred to their respective funds. f'a ged this 20th day of March, 1first and 3 read- ings 42. Passed, adopted and approved upon final reading this 27th day of March, 1942. FRANK VAN DUELMAN. Mayor. F. W. 'rH0AIPSON. ALBERT \V HARTON. B. A. SCHUELLER. GEO. R. MURPHY. Councilmen. J. J. SHEA, Attest: City Clerk. Published officially in The Tele- .raph-Herald newspaper this 30th. day of March, 1942. J J. SHEA, 3-3('-lt. City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun 82 Special Session, March 27th, 1942 silmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Communication of John H. Wei- mer submitting application for re- appointment as a member of the Local Board of Review for the year 1942, presented and read. Councilman Schueller moved that the communication be referred to the Council. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Communication of Joseph M. Con- ley submitting application for ap- pointment to the Board of Assess- ment and Review for the year 1942, presented and read. Councilman Wharton moved that the communication be referred to the Council. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of W. L. Weidenbacher, Physical Director, Young Men's Christian Association, requesting permission to use the Municipal Athletic Field, Comiskey Field Nos. 1 and 2, Jefferson J u n i o r High School Field and Washington Jun- ior High School Field, for the hold- ing of their various softball leagues for the coming season from April 20, 1942, to September 15, 1942, pre- sented and read. Councilman Murphy moved that the petition be referred to the Re- creational Director for investiga- tion and report. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of Jas. F. Lee et al. re- questing Council's early considera- tion in the matter of securing bus service for the convenience of visit- ors and occupants of St. Joseph M e r c y Hospital, St. Anthony's Home for the Aged, and the Nurses Home on Peabody Street, presented and read. Councilman Schueller moved that the petition be referred to the Coun- cil for further consideration. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 11-42. 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 Residence Dis- trict" certain defined territory now being delimited as "Two Family Residence District," said ordinance having been passed upon first and second readings on March 20, 1942, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. Ordinance No. 11-42 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 "Multiple Residence District" certain defined territory now being delimited as "Two Family Residence District." 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 Residence District" cer- tain territory hereinafter described, now delimited as "Two Family Resi- dence District"; and, WHEREAS, notice of such proposed change has been published as provid- ed by !aw and an opportunity afford- ed to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 P. M. on the 20th. day of March, 1942, in the Council Chamber in the City Hall; and, RHEREAS, 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: 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 "Two Family Residence District' to "Multiple Resi- dence District' City Lot No. 522, City of Dubuque, Iowa. Section 2. This Ordinance shall be in force and eff�!et from and after its final passage. adoption and ap- proval by the City Council and pub- lication as by law provided, and when the cost of publishing the .ame has been paid by the applicants. Passed upon first and second read - Ings this 20th day of March. 1942. Passed, adopted and approved on final reading, this 27th day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Special Session, Al arch 27th, 1942 b3 published officially in The Te 14 newspaper this 10th. day of March, 1942. J I SHLA, 3-30-1t City Clerk. Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 13-42. An Ordin- ance to compel railroad companies to place and maintain flagmen upon a certain public street at railroad crossings, providing regulations therefor and repealing ordinances in conflict herewith, said ordinance having been passed upon first and second readings on March 20, 1942, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 13-42 An Ordinance to compel railroad companies to place and maintain flag- men upon a certain public street at railroad crossings providing regula- tions therefor and repealing Ordi- nances in conflict herewith. WHEREAS the City Council of the City of Dubuque are acquainted with and know the conditions of the Chi- cago Great Western Railroad Co. rail- road crossing at East 29th Street in the City of Dubuque, Iowa. AND WHEREAS, the said City Council deem said crossing a danger- ous and hazardous crossing, suhject to control. AND WHEREAS, the said City Council deem it necessary in the in- terest of public safety. that a flag- man be placed and kept at said cross- ing. Now, Therefore, BE IT ORDAINED 13Y THE CITY COUNCIL OF THE CITY OF DU- BUQUE• Section 1. That railroad companies owning or operating tracks, or on tracks, in the City of Dubuque, where the same cross and intersect East 29th Street in the City of Dubuque be, and they are hereby compelled. required and ordered to place and keep a flagman where said tracks and right-of-way cross and intersects East 29th Street in the City of Du- buque. Section 2. That any railroad com- pany owning or operating tiny rail- road which crosses East 29th Street Is hereby required and compelled to place and keep a flagman at said crossing, which flagman shall, when any train is approaching such cross- ing, or when the engine, cars, or train, are about to pass over said crossing, give the public approaching or upon said crossing reasonable time- ly warning of the said engine, ears or train. Section 3. That 'the Clerk of the City of Dubuque shall cause to be served on any railroad company own- ing or operating a railway crossing East 29th Street a copy of this Ordi- nance. Section 4. That any and all ordi- nances or parts thereof, in conflict herewith, be, and the same are here- by repealed. Section 5. That this Ordinance shall be in force and effect from and after its final passage, adoption and approval by the City Council and Publication ae by lair provided. Passed upon first and second read- ings this 20th day of March, 19;2. Passed, adopted and approved on final reading this 27th day of March. 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: ,I .1 SHEA. City Clerk. Published officially in The Tele- graph -Herald newspaper this 30th day of March, 1942. .1. .I. SHEA. 3-311-1t City Clerk Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Ordinance No. 14-42. 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 "Light Industrial Dis- trict' certain defined territory now being delimited as "Multiple Resi- dence District' and "Local Business District," presented and read. Councilman Thompson moved that the reading just had be consid- ered the first reading of the ordin- ance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Thompson m o v e d that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Naps—None. The ordinance was then read a second time. Councilman Thompson m o v e d that the reading just had be consid- ered the second reading of the or- dinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Thompson m o v e d that the ordinance be placed on file 84 Special Session, March 27th, 1942 with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. March 27, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Z o n i n g Commission respectfully recommends to your Honorable Body the granting of the attached petition of Roy Brammer et al. re- questing the rezoning of Mt. Pleas- ant Street between Loras Boulevard and University Avenue to Two Fam- ily Classification. Respectfully submitted R. V. McKAY, Secretary, Planning & Zoning Commission, By PAUL ROSSITER. Councilman Wharton moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved and the City Solicitor to be instructed to prepare the proper proceedings. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilman Murphy, Schueller, Thomp- son, Wharton. Nays—None. March 24, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In re: PETITION OF MRS. MAR- GARET E. HOGAN for Suspen- sion of Taxes on N. Ya of City Lot 326 asking that the 1941 taxes be sus- pended because of infirmity, I rec- ommend that the Petition be ap- proved by the City Council of the City of Dubuque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor Councilman Murphy moved that the recommendation of City Solic- itor Kintzinger be approved and the petition of Mrs. Margaret E. Hogan requesting suspension of the 1941 tax on the N. lei of City Lot 326 or- dered granted and the Board of Su- pervisors to be notified of the ac- tion of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Conn- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Wharton 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 Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Mr. Max B 1 u m addressed the Council requesting Council not to adopt the proposed ordinance regu- lating and licensing junk dealers. Councilman Thompson m o v e d that the proposed ordinance regu- lating and licensing junk dealers, and prescribing penalties for viola- tion, be referred to the Council for further consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen :Murphy, Schueller, Thomp- son, Wharton. Nays—None. Mr. N. E. Randall, Manager of Swift and Company, and Mr. J. A. Kerper, Secretary of the Chamber of Commerce, addressed the Coun- cil requesting permission for Swift and Company to use the frame build- ing adjoining the present building of Swift and Company for the con- ducting of part of their business, namely, the dressing of chickens and the handling of eggs and stor- age until such time as they are able to build a new building. Councilman Wharton moved that the verbal request be referred to the Council. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Special Session, March 27th, 1942 Q; Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved Adopted G 114r Councilmen: Attest: lv\ City Clerk. City Council (Official.) Special Session, March 31, 1942. Council met at 7:30 P. M. Present—M a y o r Van Duelman, Councilmen M u r p h y, Schueller, Thompson, Wharton, City Manager $homberg. Meeting called by order of Coun- cilmen Wharton and Thompson. Mayor Van Duelman read the call e" stated that service thereof had been duly made and that this meet- ing is called for the purpose of can- vassing the vote cast at the General 4NIunicipal Election held March 30, 1942, and acting on any other busi- ness as may properly come before a regular meeting of the City Coun- cil. The vote of the General Munic- ipal Election of March 30, 1942, was then canvassed and showed the fol- lowing results: iV_ iiirteen Resolution No. 32-42 Whereas, the Council of the City y for thela purpose of canvassing the municipalcast at the regular tion held on the 30th day of March, 1942; and WCouncil hereas, votes, and the ras canvass esult deter- mined therefrom has been found to f A Term com• mencing the o c o d Z�., Z O first Monday,-� •I in April, x r 1943.p°„p°a a For Resolution No. 32-42 Whereas, the Council of the City y for thela purpose of canvassing the municipalcast at the regular tion held on the 30th day of March, 1942; and WCouncil hereas, votes, and the ras canvass esult deter- mined therefrom has been found to 86 Special Session, Alarch 31st, 1942 be that the following named pei sons have received the greater number of votes cast for the office of Councilmen and Park Commis: toner, to -wit: For Councilmen fo the term commencing the first Mon day of April. 1943—W. W. Moffatt George R. Murphy; for Park Com missioner—C h a r I e s T. Landon now, therefore, Be it resolved by the City Coun cil of the City of Dubuque that sal( W. W. Moffatt and George R. Mur phy be and they are hereby declare( elected to the office of Councilmen of the City of Dubuque for the tern commencing on the first Monday o; April, 1943; and Be it f u r t h e r resolved thal Charles T. Landon be and he i= hereby declared to be elected to the office of Park Commissioner. Passed, adopted and approved this 31st day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second. ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun. cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. Communication bf J. W. Lundin informing Council that he would be pleased to serve in the capacity as a member of the Board of Review, presented and read. Councilman Murphy moved that the communication be referred to the Council. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Petition of A. G. Reuschel et a1. requesting the installation of a street light in the immediate neigh- borhood of -1900 Hale Street, pre- sented and read. Councilman Schueller moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Proof of publication, certified to by, the publishers, of statement of receipts and also a list of claims for which warants were drawn during the month of February, 1942, pre- sented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Van Duelman, Coun. cilmen Murphy, Schueller, Thomp. son, Wharton. Nays—None. March 27, 1942. In re: Claim of Minnie Radloff. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Minnie Radloff which was filed on January 16, 1942, and from such investigation and consul- tation with the claimant's attorney, I am of the opinion that this case should be settled by paying to the Claimant $37.40. I recommend that the claim be al- lowed in the sum of $37.40 and that a warrant be issued payable to Hal Reynolds, Attorney for Minnie Rad. loff in said sum and the same be delivered to him upon the signing of a proper Release to the City. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicit. or Kintzinger be approved and the City Auditor to be instructed to draw a warrant in the amount of $37.40 in favor of Hal Reynolds, At- torney for Minnie Radloff, as a set. tlement in full of the claim of Min. nie Radloff, said warrant to be de- livered upon the signing of a pro- per release to the City. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 33-42 Be It Resolved by the City Coun- 3il of the City of Dubuque that the following, having complied with the provisions of law relating to the ;ale of cigarettes within the City of Dubuque be granted a permit to ;ell cigarettes and cigarette papers ,vithin said City, and the Manager s directed'to issue such permit on )ehalf of said City. Name Address Paul Crawford, 2774-76 Jackson Street. William Savary, 827 Dodge Street. Jack Solomon, 551 Main Street. Mrs. Beatrice Winkler, 625 Cen- ral Avenue. S. Bogas, Gus Bogas and Dan )iamond, 500 Main Street. Be It Further Resolved that the Special Session, N M bonds filed with the applications be approved. Passed, adopted and approved this 31s Ry of March, 1942. ANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy m o v e d the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thotnp- son, Wharton. Nays—None. Resolution No. 34-42 Whereas, the Planning and Zon- ing Commission of the City of Du- buque, recommended to the City Council the rezoning of the real es- tate abutting Mt. Pleasant Street between Loras Boulevard and Uni- versity Avenue from a "Single Fam- ily Residence District" to "Two Family Residence District." Whereas, the City Council deems it advisable to amend the Zoning Ordinance of the City of Dubuque to comply with the said recommen- dations made by the Planning and Zoning Commission. Whereas, before the Zoning Map of the City of D u b u q u e may be amended and changed it is neces- sary that a public hearing be held. 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 chang- ing the area adjoining and abutting Mt. Pleasant Street between Loras Boulevard and University Avenue from "Single Family Residence Dis- trict" to a "Two Family Residence District" classification, and that the City Clerk be, and he is hereby di- rected to be caused to be published in the official newspaper of the City of Dubuque, notice of such hearing to be held by this Council upon th proposed change and amendment that the time and place be, and the same is hereby fixed for said hear- ing for 7:30 P. M., on the 21st da of April, 1942, in the City Counci Chamber in the City Hall, Dubuque Iowa. Said notice to be so publish ed so as to leave at least fifteen days between the day of publication and the time fixed for said hearing and that at said hearing any an all interested parties and citizen shall have an opportunity to b heard. 31st, 1942 87 Passed, adopted and approved this 31st day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, 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 Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Resolution No. 35-42 Whereas, Franklin D. Roosevelt, President, the Commander -in -Chief of the armed forces of the United States of America, has called upon and will continue to call upon civil- ians in all walks of life to take part in our country's war effort by sup- porting the various agencies which give aid and comfort to our men at the front as well as our allies, and 'Whereas, our citizens have al- ready given liberally of their time and resources in the interest of the Red Cross and the U.S.O., and have provided soldiers in camp with books and comforts and will be ask- ed to multiply these activities many times in the future, and Whereas, it will become increas- ingly difficult as time goes on to master` enough man -power to carry on all of these many drives, each with specialized personnel, to a suc- cessful issue, Now therefore, the Mayor of the City of Dubuque is hereby author- ized and ordered to create a War Relief Council which is to be com- posed of representative citizens cho- sen as delegates to said Council by all of the churches, schools, fra- ternal orders, clabs, societies, civic organiza- tions, service groups, tions, municipal and, other govern- mental bodies, professional and business interests, to the end that, for the duration of the War, an ef- ficient and permanent organization, y functioning in every precinct of this i I city, every town, village and town- ship of Dubuque County, be ready, at all times to respond nstantly, capably, loyally and enthusiastical- ly to the calls for aid which are bound to come from East and West d and beyond the seas where Du - s buque boys and our allies are fight - e at hon e, may live an be secure. gg Special Session, March 31st, 1942 Passed, adopted and approved this 31st day of March, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, 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—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. Councilman Wharton moved that the Judges and Clerks who served at the General Municipal Election held on March 30, 1942, be allowed the amount of $6.00 each for ser- vices rendered as such Judges and Clerks. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. There being on further business, Councilman Thompson m o v e d to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays—None. J. J. SHEA, Approved Adopted !! Councilmen: j,l'4j&,A-1&.--)AUJ ,,. a. - Attest: ....,fes �� City Clerk. Regular Session, April 6th, 1942 89 City Council (Official.) Regular Session, April 6th, 1942. Council met at 7:30 P. M. Present—M a y o r Van Duelman, Councilmen M u r p h y, Schueller, Thompson, Wharton, City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meet- ing of the City Council and also the first meeting of the fiscal year for the transaction of such business as may properly come before the meet- ing. Councilman Thompson m o v e d that Councilman Wharton be elect. ed Mayor for the ensuing year. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son. Nays—None. Councilman Wharton not voting. City Clerk J. J. Shea then swore in the newly elected Mayor, where- upon Mayor W h a r t o n took the Mayor's chair. Resolution No. 36--42 A resolution providing for the ap- pointment of officers of the City of Dubuque; prescribing their salaries and fixing their bonds. Be It Resolved by the City Coun- cil of the City of Dubuque that the following officers be appointed, subject, however, to the right of the Council to declare such offices va- cant or remove the officers there. from at the pleasure of the Council with or without cause, and to be paid the compensation provided for in the budget, and the following bonds shall be provided by such of- ficers at the expense of the individ- ual officer: City Manager, A. A. Rhomberg, $5,000.00; City Solicitor, John J. Kintzinger, bond $1,000.00; City Clerk, J. J. Shea, bond $1,000.00; Police Judge, Louis Fautsch, bond $1,000.00; City As- sessor, Harry J. Hanover, bond $500.00. onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mayor Wharton then swore in the newly appointed officers: City Man. ager A. A. Rhomberg, City Solicit. or John J. Kintzinger, City Clerk J. J. Shea and City Assessor Harry J. Hanover. Resolution No. 37-42 A resolution appointing the Board of Review and fixing the compensa- tion of the members thereof. Be It Resolved by the City Coun- cil of the City of Dubuque that the following n a m e d persons be ap- pointed the Board of Review of the City of Dubuque for the year 1942: John H. Weimer, Thomas J. Hill and Joseph M. Conley. Be It Further Resolved that each of the above named members of the said Board of Review be paid the sum of $200.00 in full compensation for all services to be rendered by them in the performance of their duties, said sum to be paid from the General Fund. Passed, adopted and approved this 6th day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, B. A. SCHUELLER, GEO. R. MURPHY, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Passed, adopted and approved this 6th day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, B. A..SCHUELLE,R, GEO. R. MURPHY, Councilmen. Attesf: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. See. Resolution No. 38--42 A resolution designating the de- positories for public funds of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that the following banks be appointed de- positories of the public funds, and the City Treasurer is hereby auth- orized to distribute such funds in such banks in amounts not to ex. ceed the following: First National Bank, $200,000.00; American Trust and Savings Bank, $175,000.00; Du- buque Bank and Trust Company, $125,000.00. Be It Further Resolved that the City Treasurer be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa, 90 Regular Session, April 6th, 1942 a list of such depositories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 6th day of April, 1942. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second. ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None, Resolution No. 39-42 A resolution selecting the ofllcial newspaper of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that the Telegraph -Herald, a daily news- paper of general circulation in the City of Dubuque, be and it is hereby designated and appointed the offic. ial newspaper of said City. Passed, adopted and approved this 6th day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy m o v e d the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. April 6, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As City Manager of the City of Dubuque, the under- signed begs to advise your honor- able body that all officers and em- ployees whom he has the power to appoint, who are now serving and acting in their respective capacities and assisting in the orderly admin- istration of the City government of this City and of the various depart- ments thereof, said officers and em- ployees being under my supervision, direction and control and their ap- pointments continuing at the pleas. ure of the Manager, shall be paid salaries in accordance with the bud- get approved by the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Murphy moved that the communication of City Manager Rhomberg be received and made a m a t t e r of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Des Moines, Iowa, April 2, 1942. B. A. Schueller, Commissioner, City of Dubuque, Dubuque, Iowa. Please advise by Western Union what action taken by City to our letters of March 21st on Special Assessment Bonds, CARLETON D. BEH CO. Councilman Murphy moved that the telegram be made a matter of record. Seconded by Councilman Thompson. Carried by the follow. ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. March 21, 1942. Mr. John J. Rintzinger, City Attorney, Dubuque, Iowa. DUBUQUE STREET IMPROVE- MENT BONDS Dear Mr. Kintzinger: Your tele- phone call this morning advised that my report on examination of transcript in connection with the $8,000.00 of bonds in the above mat- ter was referred to you. I further understood that you have concluded that, due to the defect in the notice of the sale of bonds, it is proposed to suggest to the City that the bonds be readvertised for sale. I have communicated your sug- gestion to the Carleton D. Bell Co., and the Company has authorized me to advise you and the City that it will be satisfactory to them for the bonds to be again offered for sale. Will you kindly forward to the Bell Company advice of the new date of the proposed sale? The papers submitted are being retained pending the results of the above proposed action. Very truly yours, HNR:JB H. N. ROGERS. Councilman Murphy moved that the communication be made a mat. ter of record. Seconded by Council- Regular Session, April 6th, 1942 91 man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Notice of Claim of Mrs. Elizabeth Jones in the amount of $75.00 for in- juries received in a fall of an icy sidewalk on Broadway in front of the Clarence Carney residence, pre- sented and read. Councilman Van Duelman moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of the Continen- tal Casualty Company submitting Certificate of Compliance for the transaction of Fidelity and Surety business in the State of Iowa for the year ending March 31, 1943, pre- sented and read. Councilman Thompson m o v e d that the communicatation and Cer- tificate of Compliance be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of The News Publishing Company, publisher of The Dubuque News, petitioning the City Council to select and appoint them to print, in pamphlet form, the Council pro- ceedings, presented and read. Councilman Murphy moved to re- fer the petition to the Council. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- man Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Lester E. Wilbricht ct al., requesting the installation of a street light at Foye Street and Mer- chants Lane, 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- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. April 6, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the followin„ bonds and desire to have your ap- proval ou same for filing: PERSONAL Albin A. Rhomberg, City Man- ager; Continental Casualty Com- pany. Otto F. Bethke, Electrical In- spector; Continental Casualty Com- pany. Daniel J. O'Leary, Plumbing In- spector; American Suretyl Com- pany. Paul Rossiter, Building Commis- sioner; Continental Casualty Com- pany. J. J. Shea, City Clerk; Mass. Bonding and Insurance Company. John J. Kintzinger, City Solicit- or; Mass. Bonding and Insurance Company. Geraldine L. Demkier, Secretary to City Manager; Continental Cas" ualty Company. Robert P. Marshall, City Auditor; Mass. Bonding and Insurance Com- pany. Harry J. Hanover, City Assessor; U. S. Fidelity and Guaranty Com- pany. John Joseph Hail, Superintendent and Cashier of Water Department; Mass. Bonding and Insurance Com- pany. Edward M. Tschirgi, Accountant, Water Department; Mass. Bonding and Insurance Company. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson m o v e d that the bonds be approved and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Schue ler, Thompson, Council- men Murphy, Van Duelman. Nays—None. Ordinance No. 14-42. An Ordin- ance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3— 34 of the City designated Dubuque" r so ease to change to "Light Industrial Dis. trict' certain defined territory now being delimited as "Multiple Resi- dence District" and "Local Business District," said ordinance having been passed upon first and second readings on March 27, 1942, and or- dered placed on file with the City Clerk for public inspection for at least pre week esentedefore its and read final thud tion, P ' time. Ordinance No, 14-42 g and An changing Zoning Maplof the changing Provided by Or - City of Dubuque as P'i 92 Regular Session, April 6th, 1942 dinance No. 3-34 designated "Zon Ing Ordinance of the City of Du buque" so as to change to "Light Industrial District" certain defined territory now being delimited a: "Multiple Residence District" and "Local Business District." 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 "Light Industrial Dis- trict" certain territory hereinafter described, now delimited as "Multi- ple Residence District" and "Local Business District"; and Whereas, notices of such pro- posed change have 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. on the 5th day of January, 1942, in the Council Chamber in the City Hail; and, Whereas, no objections have been filed or in a d e to the proposed change. Now, Therefore, Be It Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended and changed as follows: By changing from "Multiple Resi. dence District' and "Local Business District' to "Light Industrial Dis- trict' the area described as follows: The area bounded on the southerly side by the center line of Dodge Street, on the northerly side by the south property line of City Lot No. 586, on the easterly side by the center line of the alley first east of Bluff Street and on the westerly side by the center line of Bluff Street. Sec. 2. This Ordinance shall be in force and effect from and after its final passage, adoption, approval by the City Council and publication as by law provided and when the costs and expenses of publication have been paid by the parties apply- ing therefor. Passed upon first and second readings this 27th day of March, 1942. Passed, adopted and approved on final reading, this 6th day of April, 1942. ALBERT WHARTON F. W. THOMPSON,ayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Attest: J. J. SHEACouncilmen. City Clerk. Published officially in The Tele. graph -Herald newspaper this 8tli day of April, 1942. 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 40-42 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 follow- ing applications be and the same are hereby approved and it is or. dered that the premises to be occu- pied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name. Address. Joseph Walsh and Helen Walsh, 21 West 7th Street. Jacob Hedrick, 1236 Iowa Street. C. R. Nelson and Alice Nelson, 431 Rhomberg Avenue. Ellas Mihalas and Ruby Mihalis, 574 East 16th Street. Lester A. Wieser and Adele B. Wieser, 1944 Central Avenue. Elmer Eppler and Eileen Eppler (Transfer of address from 1 Locust Street), 504 Central Avenue. Passed, adopted and approved :his 6th day of April, 1942. ALBERT WHARTON, F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Attest: J. J. SHEA Councilmen., y Clerk. tCouncilman Thompson moved the adoption of the resolution. Second. id by Councilman Murphy. Carried 1Y the following vote: Yeas—Mayor Wharton, Council - nen Murphy, Schueller, Thompson, ran Duelman. Nays—None. Resolution No. 41-42 Whereas, heretofore applications ,ere filed by the within named ap- licants for Class "B" Beer Permits nd they have received the appro- al of this Council; and Whereas, the premises to be oc- upied by such applicants have een inspected and found to comply lith the ordinances of this City and Regular Session, April 6th, 1912 93 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 Joseph Walsh and Helen Walsh, 21 West 7th Street. Jacob Hedrick, 1236 Iowa Street. C. R. Nelson and Alice Nelson, 431 Rhomberg Avenue. Ellas Mihalas and Ruby Mihalas, 574 East 16th Street. Lester A. Wieser and Adele B. Wieser, 1944 Central Avenue. Elmer Eppler and Eileen Eppler (Transfer of address from 1 Locust Street), 504 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 6th day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Miss W i l m a Nickles, Teacher, Washington Junior High School, and boys and girls members of civic classes, also Miss Trenk and mem- bers of the Public Affairs Com mittee of Y.W.C.A. were present i the Council Chamber. Members ot the Civic class addressed the Coun cil asking questions relative to the Annual 'Budget and the Tax Levy Their questions were answered an explained by City Manager Rhom berg. Councilman Murphy moved tha Council recess. Seconded by Com Gilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Council recessed at 8:05 P. M. and reconvened at 8:35 P. M. February 24, 1942. Mr. J. J. Shea, City Clerk, Dubuque, Iowa. DUBUQUE, IOWA, STREET IMPROVEMENT BONDS. Dear Mr. Shea: This will acknowledge receipt of the transcript forwarded with your letter of February 18, 1942, in the above matter and, upon examina- tion, kindly permit me to call atten- tion to the following: 1. Showings should be submitted to supplement the transcript indi- cating whether the Council meet- ings at which the street improve- ment matters were considered were regular or special sessions and, if special, showings should be sup- plied of timely service of proper call of such meeting, designating the time, place and purpose. The meetings particularly referred to are those of September 2 and 22, October 10 and 22, December 1 and 26, 1941. In showing the roll call a figure 1 and a figure 2 have been noted in front of certain Councilmen's names, which apparently indicate that the Councilman with the figure 1 preceding his name made the mo- tion and the other Councilman where the figure 2 appears second- ed the motion. Let your certificate confirm this assumption if it be correct. 2. Resolution 117-41 overruling objections and approving plans, specifications and contract recites that the meeting of September 22, 1941, at which the resolution was adopted, was a special meeting held at 8:45 o'clock P. M. The publish- ed notice of the hearing and reso- lution 107-41 both show that the hearing and Council meeting was to be on the date mentioned at 7:30 o'clock P. M. Kindly verify and supplement the record to show what action was taken at 7:30 o'clock P. M. Coni. 3. Minutes of the Council meet- ing and resolution adopted fixing the time and place of receiving bids and making the award for the con- struction should be submitted. (The resolution 118-41 ordering adver- tisement for proposals fails to fix the time and place of letting.) t, 4. Resolution 128-41 awarding i. contract for construction to Thomas 94 Regular Session, April 6th, 1942 Flynn Coal Company, passed Octo- ber 22, 1941, recites that it was ap. proved October 10, 1941, and placed on file for one week. Show minutes of meeting of October 10, 1941, and proceedings then had to that effect. 5. The bid of the only contractor, Thomas Flynn Coal Company, was $19,308.10, and the contract was awarded accordingly. Section 6006 of the Code of Iowa requires the construction bond to be in an amount equal to the contract price. The copy of the bond set out in the transcript is for $13,477.95 and re- cites that it is for 75% of the total contract price. Verify, for as the matter appears from the transcript, inadequate bond has been furnish- ed. Show action taken by the Coun- cil relating to approval of executed contract and contractor's bond. 6. Resolution 128-41 awarding contract, and Resolution 161-41 making the levy of special assess- ments, were each passed with three "Yea" votes and two "Nay" votes. Councilman Schueller and Council- man Van Duelman voted against the award and the levy. If possible; it is desired that an explanation of their negative votes on these mat- ters be procured from these Coun- cilmen. 7. A certificate signed and sealed by the County Auditor should be furnished showing filing of a cer- tified copy of the resolution direct. ing the construction of the improve. ment and a copy of the plat and schedule in his office, to show com- pliance with Section 6007 of the Code. (The certificate in the trap. script does not identify these mat. ters. ) 8. The notice to bidders and the form of proposal included 100 cu. Yds. class B concrete, 1,000 sq. ft. concrete sidewalks and 150 sq. yds. concrete driveways, in addition to other matters. The City Manager's certificate of November 20, 1941, re. cites that the work was completed in accordance with the contract and complies in e v e r y way with the plans and specifications, but the above several items are not includ- ed in the itemized list of work done. While the matters were on a unit basis, the certificate of completion shows 674 lineal feet of curb against a contemplated 300 lineal feet in the bid, 8,508 sq. yds. of sheet asphalt against a contemplated 8,422 sq. yds., 227.8 tons of binder against a contemplated 300 tons. Thus in two of the items that were performed by the contractor there is an un. usually large variation from the estimated amounts. Kindly have a certificate furnished by the City Manager explaining this whol,: situation. 9. The transcript includes a copy of a petition for investigation of the performance of the contract pur. suant to Section 358 of the Code. The transcript further shows that the State Board of Appeal referred the matter to the Attorney -General, but -that the State Board took no other action whatsoever to show whether it would or would not com- ply with the petition. The Attorney General's opinion set out in the transcript is to the effect that the State Board of Appeal is without jurisdiction to act. The Attorney General's opinion is based on the decision of our Supreme Court in the case of Schumacher vs. City of Clear Lake, 214 la., 34. The report of the City Clerk of the matter to the Appeal Board, however, refers to a copy of a petition filed with the Council objecting to the levying of special assessments and to the issuance of Special Assessment Bonds. Petitions to this effect are a different matter from the petition above referred to under Section 358 of the Code. 10. Minutes of the Council meet- ing and proceedings had directing the giving of notice of intention to issue the bonds should be supplied. The notice of intention to issue the bonds which appears to have been published is pursuant to Sections 363 et seq. of Chapter 23 of the Code, as amended. Five or more taxpayers are permitted under that law to file objections to the issu- ance of the bonds. As a petition of objections was filed, then the mat- ter of issuing the bonds should have been certified to the State Appeal Board. Showings of the petition in this connection referred to by the City Clerk and the action of Coun- cil and the State Appeal Board pur- suant thereto should be supplied. The Resolution 162-41 authorizinh the bonds, in the preamble, recites that all objections filed to the issu- ance have been considered and de- termined. If a proper petition was filed, then the determination would have to be by the State Board )f Appeal as to whether the bonds might be issued. It is submitted that the question of issuing bonfls and the jurisdiction of the Stale Board of Appeal on the matter of issuing bonds was not involved in or decided by our Supreme Court in the case of Schumacher vs. City of Clear Lake above referred to. 11. The transcript sets out a cer. tificate of special assessment which fails to set forth those matters re- quired by Section 6034. It appar- Regular Session, April 6th, 1942 95 ently refers to Section 825 of the ,Did law instead of Section 6032. As the certificate is worded, those as- sessments not having proper waiv- ers would all be payable with the March, 1943, semi-annual tax pay- ment. This is not in accordance with said Section 6032. It is import- ant, therefore, that a proper certif- icate and setup of the installment payments of the unpaid assessments be furnished the County Auditor and to the County Treasurer for collection. Perhaps such has been done, but an explanatory or cor- rected certificate should be sup- plied. 12. Minutes of Council meeting of February 11, 1942, and action taken with respect to sale of bonds and showing award should be sub- mitted. Notice of the sale of bonds, as shown by affidavit in the tran- script, refers to the date of the sale as 10 A. M., February 11. The no- tice should have recited the year as well as the day and month. In view of this omission, showing should be furnished as to the number of bid- ders who attended the sale and bid for the issue of bonds. 13. The resolution authorizing the bonds was for an issue of $18,539.45. Bonds to the amount of $8,000.00 of certain numbers only were ofYered for sale. It is assumed that the balance of the bonds pro- posed to be issued will be canceled and not issued. Kindly show Coun- cil action to this effect. Showing should be submitted to show the condition of the special assessments against which bonds are being is- sued, as follows: Amount of assessments f r o in which appeals were taken, if any. Amount of assessments paid in cash, including assessments of less than $10.00. Amount of unpaid assessments to be paid in installments a g a i n s t which bonds are to be issued. Please bear in mind that assess- ments under $10.00 and assessments against City property cannot be in- cluded in the amount against which bonds are issued. In view of the fact that probably many assess- ments have been paid which ac- counts for the reduction of the amount of the issue, a list of the unpaid assessments against which the bonds are to be issued should be furnished. The preliminary sche- dule sets out valuation of the pro- perties assessed but the printed headings would indicate that the valuation is one-fourth of the value of the property. There is no legs reason why the valuation should be one-fourth of the total value fixed by the Council. It is noted that many of the assessments are in ex- cess of 25% of the valuation report- ed and in some cases the assess- ment is in excess of the value of the property as shown. No value is shown for Lot 7 of Subdivision 8 of M. L. 73. These matters should be cleared up as fully as possible. As to list of assessments against which bonds are to be issued, there should be furnished a certificate showing that there are no appeals pending, prayed or threatened as to such assessments and that there are no unredeemed tax sales against the properties so assessed, and that there have been no orders received by the County Treasurer from the Board of Supervisors for the sus- pension of the collection of taxes against any aged or infirm persons whose properties are affected by said special assessments. 14. The usual papers showing ab- sence of litigation and that unpaid assessments in an amount equal to or greater than the amount of bonds being delivered, together with an executed bond, will need to be sub- mitted. Very truly yours, H. N. ROGERS. Councilman Schueller moved that the communication be made a mat- ter of record. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas --Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Des Moines, Iowa, March 18, 1942. Mr. J. J. Shea, City Clerk, Dubuque, Iowa. Dear Mr. Shea: In connection with your issue of Dubuque Street Improvement Bonds, we are ad- vised by our Attorney, Mr. H. N. Rogers, that he has not yet heard anything from you in reply to his letter of February 24, in which he requested from you certain show- ings in connection with the proceetl- ings covering these bonds. We would very much appreciate It if you would advise us if the pro- ceedings can be made to comply with his request. We enclose a stamped addressed envelope and will appreciate hear- ing from you at your earliest con- venience. Very truly yours, M. J. BORLAS. Carleton D. Beh Co. Councilman Schueller moved that 1 the communication be made a mat- 96 Regular Sessio ter of record. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Des Moines, Iowa, March 21, 1942. Mr. John J. Kintzinger, Room 1107 Dubuque Building, Dubuque, Iowa. Dear Mr. Kintzinger: We ad- dressed a letter to J. J. Shea, City Clerk of Dubuque, asking for addi- tional showings and information oii the transcript of the Special Assess- ment bonds, and not having heard anything from him for eight or ten days, we wrote him again. This morning we had a letter from him advising that we should address our inquiry at this time and future cor- respondence to you. We are there- fore awaiting information from you, and trust that the transcript will be completed in accordance with our Attorney's wishes and forwarded to us at once. Sincerely yours, CARLETON D. BEH. Carleton D. Beh Co. Councilman Schueller moved that the communication be made a mat- ter of record. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Schueller requested that the record show that there were no written answers to the three communications. Councilman Thompson moved that the City Treasurer be instruct- ed to readvertise for the sale of $8,000.00 Special Assessment Bonds issued for the paving of West Third Street. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. There being no further business, Councilman Thompson moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: 1, April 6th, 1942 Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, City //Clerk. Approved ... ��(!t�r... 1942. Adopted ...6... 942. 11 ............. Councilmen: /�A,.. W. .. /1......Lc,tt Attest: ... ..... ....11.�7'.1.4M...... City Clerk. Special Session, April 8th, 1942 97 City Council (Official) Special Session, April 8, 1942. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- 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 meeting is called for the purpose of appointing a member of the Civil Service Com- mission for the term expiring March 31, 1948, 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 o;ie pres- ent 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 Wharton, Council- men Murphy, Schueller, Thompsou, Van Duelman. tend the annual meeting of the Iowa Public Health Association to be held in Des Moines, Iowa, on April 13 and 14, 1942, presented and read. Councilman Van Duelman moved that Dr. C. C. Lytle, Director of Health, be authorized to attend, at the expense of the City, the annual meeting of the Iowa Public Health Association to be held in Des Moines, Iowa, on April 13 and 14, 1942. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 42-42 Whereas, the City Council of the City of Dubuque passed Ordinance No. 13-42, compelling the rail- road company to place a watchman at the crossig on East 29th Street, and Whereas, said Ordinance has been duly passed and a copy thereof served upon Chicago Great Western Railroad Co., and Nays—None. An informal discussion was held by the Council with Mr. C. E. Dove, Manager of the Interstate Power Company, regarding the proposed rerouting of the West Dubuque and Seminary bus lines in order to give better service to St. Joseph Mercy Hospital and St. Anthony's Home. Mr. Dove advised Council that he would confer with the traction of- ficials of the Company regarding the proposed change. Communication of E d w i n F. Strueber stating that he would ap- preciate Council consideration and support for appointment to the Civil Service Commission, presented and read. Councilman Murphy moved that the communication be referred to the Council. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Walter L. Bier - ring, Commissioner, State Depart- ment of Health, Des Moines, Iowa, extending invitation and suggesting that the City Physician or Local Health Officer be authorized to Pt- Whereas, the said Chicago Great Western Railroad Co. has failed and neglected to comply with the terms and provisions of said Ordinance, and Whereas, the said City Council deemed it necessary that legal steps be taken to compel compliance with said Ordinance. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: That the City Solicitor be, and he is hereby directed, authorized and empowered to commence and con- duct whatever legal proceedings are necessary to secure compliance with Ordinance No. 13-42. Passed, adopted and approved this 8th day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the Council proceed by ballct on the appointment of a member of the Civil Service Commission for the term expiring March 31, 1948. 98 Special Session, Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton. Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Thompson placed in nomination the name of Louis J. L a g e n; Councilman Schueller placed in nomination the name of John Schaetzle; Councilman Mur- phy placed in nomination the name of Edwin F. Strueber. Upon first ballot Louis J. Lagen received one vote; John Schaetzle received two votes; Edwin F. Strueber received two votes. 'Upon second ballot John. Schaetzle received one vote; Edwin F. Strueber received four votes. Mayor Wharton then stated that Edwin F. Strueber having received four votes that he be declared ap- pointed as a member of the Civil Service Commission for the term expiring March 31, 1948. There being no further business. Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lownig vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk. Approved Adopted 942. . . ............................ Councilmen: ,2 Neu Attest: .. �. City Clerks April Sth, 1942 City Council (Official.) Special Session, April 21, 1942. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Thompson, Van Duelman, City Manager Rhomberg. Absent—Councilman Schueller. Meeting called by order of Coun- cilmen Thompson and Van Duel - man. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting i,; called for the purpose of conducting a public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance by chang- ing the area adjoining and abutting Mt. Pleasant Street between Loras Boulevard and University Avenue from "Single Family Residence Dis- trict" to a "Two Family Residence District" and acting on any othr_r business as may properly come be- fore a regular meeting of the City Council. Proof of publication, certified io by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance as the same applies to the area adjoining and abutting Mt. Pleasant Street. between Loras Boulevard and Uni- versity Avenue from "Single Family Residence District" to a "Two Fam- ily Residence District," presented and read. No written objections filed and no objectors present in the Council Chamber. ��FSeixncilman Schueller entered the ouncil Chamber and took his seat tPW 7:35 P. M. (--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. Murphy, Schueller, Thompson. Wharton. Nays—None. Ordinance No. 15-42. 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" certain defined territory now delimited as "Single Family Residence District," presented and read. Councilman Thompson moved that the reading just had be con- Special Session, April 21st, 1942 99 sidered the first reading of the or- dinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Thompson m o v e d that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. The Ordinance was then read a second time. Councilman Thompson m o v e d that the reading just had be consid- ered the second reading of the Or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 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 Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. N o t i c e of Claim of Leanore Schroeder in the amount of $17.20 for injuries received in a fall on a defective alley crosswalk on th,a south side of 19th Street between Jackson and ,Washington Streets, 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 Murphy, Schueller, Thompson. Van Duelman. Nays—None. Communication of the Dubuque Trades and Labor Congress sub- mitting the names of Mr. Cliff Van Zile and Mr. V. Lindenberg for Council consideration for appoint- ment on the Library Board, pre- sented and read. Councilman Murphy moved that the communication be referred to the Council. Seconded by Council- man Schueller. Carried by the foe lowing vote: Yeas—Mayor Wharton, Councl- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Waldo Adams, Secretary of Dubuque Park Board, submitting the Bond of Charles T. Landon as Park Commissioner, pre- sented and read. Councilman Thompson m o v e d that the communication be received and filed and the Bond of Charles T. Landon as Park Commissioner be approved. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of S. M. Golden, Vice -President of the Chicago Great Western Railway Company, in re- gard to the installation of signals at 29th Street crossing and suggesting that they be permitted to keep a watchman on the crossing from 7 A. M. to 6 P. M. every day except Sundays and holidays as it is im- possible to install crossing lights because of priorities, presented and read. Councilman Thompson moved that the City Solicitor be instructed to reply to this communication and to commence proceedings according to the provisions of Ordinance No. 13-42 and Resolution No. 42-42. Seconded by Councilman Van Dual. man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Shiloh Circle No. 37, Ladies of the Grand Army of the Republic requesting permission For the holding of a tag day May 16, 1942, presented and read. Councilman Van Duelmdu moved that the request be granted for some other date desirable to th,, Shiloh Circle and on a date not to conflict with any other date pre- viously granted. Seconded by Comr- cihnan Murphy. Carried by the fcl. lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of J. A. Reeg et al. r e- questing the City of Dubuque to re- frain Jake Lange from Pl ng corn on the lot located at the cor- ner of Broadway and Monroe StreeE structsas when the col"I gets a vision and c eatesa traflit c hazard, presented and read. Councilman Murphy moved that the petition be referred to the City 100 Special Session, April 21st, 1942 Manager to view the grounds ani to confer with Mr. Lange to see i he would not use this property fa the planting of corn. Seconded b� Councilman Thompson. Carried bl the following vote: Yeas—Mayor Wharton, Council men Murphy, Schueller, Thompson Van Duelman. Nays—None. Petition of Maude Connors, re ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1941 taxes on the North 16 feet 9 inches of Lot 8 Sub. of City Lot 601, presented and read. Councilman Thompson m o v e d that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carrier by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. City Solicitor Kintzinger sub- mitting verbal report on the peti- tion of Maude Connors and recom. mending that the petition of Maude Connors be granted. Councilman Thompson m o v e d that the verbal recommendation of City Solicitor Kintzinger be ap- proved and that the petition of Maude Connors requesting suspen- sion of the 1941 taxes on the North 16 feet 9 inches of Lot 8 of Sub. of City Lot 601 be granted 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that Council reconsider their pre- vious action taken on the bills of Jas. F. Lee Paving Co. for extra work on construction of sanitary sewer in Fremont Avenue and also for delay in completion of the sani. tary sewers in Plum Street and in Fremont Avenue and also on the communication of Jas. F. Lee et al. objecting to the issue or sale of bonds for the Improvement of West Third Street and submitting reasons for an investigation of the West Third Street Paving and that said record be stricken from the Council record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Jas. F. Lee et al. taxpayers and property owners, Interested in the assessment for the Improvement of West Third Street as effecting the District involved and particularly City Lot 732 Water Works Reservoir, objecting to the issue or sale of said bonds and setting out various reasons in s u p p o r t of their objections and agai n demanding the removal from office of City Manager Rhomberg and City Solicitor Kintzinger also submitting attached communication of Jas. F. Lee and Larry Fitz- gerald stating reasons for an inves- tigation of the West Third Street Paving, presented and read. Councilman Schueller moved that the West Third Street Paving Con- tract and everything relative to this contract be investigated. Seconded by Councilman Van Duelman. M o t i o n lost by the following vote: Yeas—Councilmen Schueller and Van Duelman. Nays—Mayor Wharton, Council- men Murphy and Thompson. Mayor Wharton and Councilmen Murphy and Thompson stating that they were voting No at this time in order to have an opportunity to read over the charges. Bill of Jas. F. Lee Paving Co. in the amount of $98.07 for excavation of 742.75 cu. ft. extra depth in trench between manholes No. 1 and No. 5 in Fremont Avenue sewer at 11 cents, and to building 1.7 feet extra depth on Manholes Nos. 6, 7 and 8 at $9.63, also a bill in the amount of $260.00 to expense of de- lay in completion of sanitary sewers in Plum Street and in Fremont Ave- nue to inability to obtain services )f a union bricklayer for the build- ing of manholes as required in plans because of interference of the Municipal Employees Union in ob- structing and hindering the obtain - ng of said union bricklayers, pre- sented and read. Councilman Murphy moved that ;he bills be referred to the City So- icitor for investigation and report. Seconded by Councilman Schueller. ,arried by the following vote: Yeas—Mayor Wharton, Council. nen Murphy, Schueller, Thompson, Tan Duelman. Nays—None. ArilCo the Honorable Mayor and 042 dembers of the City Council, )ubuque, Iowa. Gentlemen: This is to advise you hat the members of the Dubuque 'olice Department have selected 'atrolman William Stratton to erve on the Board of Police Retire- aent System to fill the vacancy of Special Session, April 21st, 1942 101 Sergt. Frank Matz whose term has expired. Respectfully yours, JOS. H. STRUB, Chief of Police. Councilman Van Duelman moved that William Stratton be appointed to serve on the Board of Police Re- tirement System for a term of four years, said term expiring April 1, 1946. Seconded by Councilman Schueller. Carried by the following vote: Yeas Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. April 10, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The attached peti- tion of W. L. Weidenbacher, Phys- ical Director of the Y.M.C.A., was referred to the Recreational Direct- or for investigation and report. Said petition requesting the use of ball fields, I beg to report that I have conducted %n investigation and rec- ommend that the Recreation De- partment be allowed the use of these fields on the following nights: Comiskey Field No. 1 and Comis- key Field No. 2 and Rafferty Field on Monday and Friday nights for our City L e a g u e, and the same three fields on Tuesday and Thurs- day nights for our newly organized Recreation League and the Athletic Field on Tuesday and Friday nights for the Major League. Besides this petition of W. L. Weidenbacher, the Boys Club is al- so seeking the use of these same fields, and there is a possibility of the Y.W.C.A. organizing a girls' soft ball league, and they will also want the use of the fields. This *ill l e a v e the following fields available on the following nights to be pro -rated between the Y.M.C.A., Boys' Club and Y.W.C.A.: Washington Field, Monday, Tues- day, Wednesday, Thursday and Fri- day nights; Jefferson Field, Mon- day, Tuesday, Wednesday, Thurs- day and Friday nights; Comiskey No. 1 Field and Comiskey No. 2, al- so Rafferty Field on Wednesday nights, and the Athletic Field on Monday and Wednesday nights. I recommend that the Recrea- tional Director be authorized to al- lot the fields for the available time mentioned above in the ratio of the number of teams of the various groups seeking the use of the fields. Respectfully submitted, CARL GRABOW, Recreational Director. 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 Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mr. Carl Grabow, Recreational Di- rector, addressed the Council rela- tive to his written recommendation as to the use of playing fields for the holding of ball games. Councilman Thompson m o v e d that the recommendation of the Re- creational Director be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Annual report of the Librarian of the Carnegie -Stout Free Public Lib- rary presented and read. Councilman Van Duelman moved that the Annual Report of the Lib- rarian be received and placed on file. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Annual report of Board of Lib- rary Trustees, Carnegie -Stout Free Public Library, for the year ending March 31, 1942, presented and read. Councilman Van Duelman moved that the Annual Report of the Board of Library Trustees be received and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. April 10, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, also a list of claims and payrolls for which warrants were drawn during the month of March, 1942. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman 102 Special Session, April 21st, 1942 Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 43-42 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 Amodeo, 2601 Jackson Street. M. L. Harwood, 2117 University Avenue. Elmer Eppler (Transfer of ad- dress from 1 Locust Street), 504 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 21st day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Allan T. Day - kin, County Auditor, advising Coun- cil that the Board of Supervisors have accepted a bid of $50.00 made by Mr. and Mrs. John A. Brune on the North 60 feet of Lot 8 of M. L. 24, subject to the approval of the City Council, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the Council proceed to vote by ballot for the appointment of mem- ber of the Board of Library Trus- tees to fill the unexpired term of Charles McLean, deceased. Second- ed by Councilman Schueller. Car. ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Van Duelman nomin- ated Mr. Cliff Van Zile. Councilman Schueller nominated the Rev. K. G. Schroeder. Councilman Thompson nominated Larry F. Sharon. Vote on first ballot—Cliff Van Zile re- ceived one vote, the Rev. K. G. Schroeder received two votes and Larry F. Sharon received two votes. Vote on second ballot—the Rev. K. G. Schroeder received three votes, Larry F. Sharon received two votes. Councilman Thompson m o v e d that the Rev. K. G. Schroeder be appointed as a member of the Board of Trustees of the Public Library by unanimous vote of the Council to fill the unexpired term of Charles McLean, deceased, said term expir- ing July 1, 1943. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that Mayor Wharton be empowered to take whatever steps he feels neces- sary in the interest of securing war work for Dubuque industries and for the obtaining of new war indus- tries if possible. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the Telegraph -Herald be ap- pointed to print the Council Pro- ceedings in pamphlet form under arrangements to be made with the City Manager. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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: Special Session, April 21st, 1942 103 Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk. Approved . ...1942. Adopted 100;.4/..19 Councilmen: Attest: ... .�� .✓�I"'�^� iV\ City Clerk. City Regular Session, May 4th, 1942 105 ■ I the C o u n c i l requesting that the Council I prayer of the petition of Mary M. Council Fuchs et al. be granted. (Official.) Regular Session, May 4th, 1942. Council met at 7:30 P. M. Present—Mayor Wharton,' Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. 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. Notice of Claim of H. Mitchell in the amount of $55.00 for damages to his car, which was parked on East 17th Street, caused by the failure of the City drainage to take care of the flood waters, presented and read. Councilman Van Duelman moved that the 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Gust Billis requesting a refund on his beer license which expires September 1st, 1942, as he has sold his place of business, pre- sented and read. Councilman Van Duelman moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $50.00 in favor of Gust Billis to co- ver the amount of refund granted on the unexpired portion of his beer license, said license expiring September 1st, 1942. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Mary M. Fuchs et al. requesting that curb and gutter be constructed on Lombard Avenue, to extend from the intersection of Fre- mont Avenue to the end of the Washington High School property, presented and read. 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 Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mr. William Markey addressed Councilman Schueller 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communications of Mary L. Lee, Ex., and Mary A. Lee, Estate, by Jas. F. Lee, entering complaints to the West Locust Street Sewer men- ace and from which immediate re- lief is demanded on the City Ad- ministration, presented and read. Mr. James F. Lee addressed the Council stating that this menace as complained of has been existing for twenty years and demanding that this condition be taken care of im- mediately. Councilman Murphy moved that the communication be referred to the City Manager with instructions to make a thorough investigation of the complaints and to submit a re- port back to the City Council at their next meeting. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller Thompson, Van Duelman. Nays—None. Communication of the Iowa Chil- dren's Home Society requesting the City Council to kindly defer giving the Volunteers of America permis- sion to sell their "red heart tags" until after the Iowa Society has had an opportunity to present its local work to the citizens of Dubuque, presented and read. Councilman Thompson m o v e d that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- meh Murphy, Schueller, Thompson, Vali Duelman. Nays—None. Petition of J. L. Daniels request- ing the opening of the Alley in the rear of his property at 1375 Auburn Street from L o r a s Boulevard to .Custer Street, and that said Alley be brought to grade to take care of the excess water flow from the up- per properties, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- 106 Regular Session, Mav 4th, 1942 men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mr. William Leik et al., residents and property owners in the vicinity of Kniest and Elm Streets, address- ed the Council complaining of the odors and gases coming from the Bee Branch Storm Sewer in the vi- cinity of Kniest and Elm Streets and requesting that something be done immediately to eliminate the odors and gases as complained of and coming from this sewer. Councilman Thompson m o v e d that the City Manager be instruct- ed to confer with the officials of the Dubuque Packing Company for the purpose of arriving at some imme- diate method for the elimination of the odors and gases coming from the Bee Branch Storm Sewer as complained of by the persons living in the vicinity of Kniest and Elm Streets and to submit a report back to the City Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Mr. and Mrs. George Pleimling et al. requesting the City Council to cause the removal of the several piles of old lumber from the lot adjoining the rear of 710 Merz Street as the same has caused a rat pest nuisance, presented and read. Councilman Van Duelman moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Frank B. Hird, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on Lots 136 and 137 of Langworthy'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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of George J. Roepsch, re- ferred to the City Council by the Board of Supervisors requesting suspension of the 1941 taxes on Lot 82 of McCraney's 1st 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mayor Wharton submitted a re. Port to the City Council stating that he had met with a committee re- presenting organized labor and John A. Kerper, Secretary of the Chamber of Commerce, for the pur- pose of discussing ways and means of obtaining war work for Du- buque's industrial plants and their workers and for the possibility of securing new war industries, and as a result of these meetings that he felt there should be held a general meeting of all concerned, and after a discussion with the Council mem- bers and those present it was de- cided to hold an informal meeting on Wednesday evening, May 6th, 1942, at 7:30 P. M. Ordinance No. 15-42. An Ordin- ance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinancd No. 3-34 designated "'Zoning Ordinance of the City of Dubuque" so as to change to "Two Family Residence District" certain defined territory now delimited as "Single Family Residence District." said ordinance having been passed upon first and second readings on April 21st, 1942, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. ORDINANCF NO. 15-42 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 "Two Family Residence District" certain defined territory now delimited as "Single Family Residence District." WHEREAS, It Is deemed advisable by the City Council to amend the Zoning Map of th. 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 District" certain territory hereinafter de- scribed, now delimited as "Single Family Residence District": and WHEREAS, notice of such proposed change has been published as pro- vided by law acid an opportunity af- forded to any and all interested par- ties and citizens to object thereto at a public meeting held at 7:30 p. m. on the 21st day of April, 1942, 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 Regular Session, May 4th, 1942 107 COUNCIL OF THE CITY OF DU- H. bleCarthy be approved. Second- 13UQUE: ed by Councilman Thompson. Car. Section I. That the Zoning Map ried by the following vote: Zoning Ordinance of the City of Yeas—Mayor Wharton, Council - find Dubuque be, and the same is hereby find changed as follows: men Murphy, Schueller, Thompson, amended By changing from "Single Family Van Duelman. Residence District" to 'Two Family Nays—None. Residence District' the area de- as follows: All of the prop- April 30th, 1942. scribed erty abutting and adjoining on Mt. To the Honorable Mayor pleasant Street between Loras lloule- City Council and City Manager, ,,rd and University Avenue. Sect ton 2. This Ordinance shall be Dubuque, Iowa. in force and effect from and after its approval by Gentlemen: This is to advise final passage, adoption, that there is now a vacancy on the the City Council and publication as by law provided, and when the costs Police and Fite Pension Board ow - and expense of publishing the same ing to the expiration of the term of have been paid by the petitioners. Thomas Hill as of April 1, 1942. upon first and second read- Passed ings this 21st day of April, 1942. Respectfully submitted, Passed, adopted and approved on OTTO F. PULS, Secretary, final reading, this 4th day of May, Police and Fire Pension Board. 1912. ALBERT NHARTON, Councilman Van Duelman moved Mayor. that Thomas J. Hill be re -appointed F. W. THOMPSON, FRANK VAN DUELMAN, as a member of the Police and Fire GEO. R. MURPHY. Pension Board for a term of four B. A. SCHUEI.LER, years, said term expiring April 1, Councilmen. 1946. Seconded by Councilman Mur - Attest: J. J. SHEA, City Clerk. phy. Carried by the following vote: Published officially in The Tele- Yeas—Mayor Wharton, Council - graph -Herald newspaper this Gth day men Murphy, Schueller, Thompson, of May, 1942. .J. SHEA. .T. Van Duelman. 5 -6 -It City Clerk. Nays—None. Councilman Van Duelman moved April 25, 1942. the adoption of the ordinance. Sec- To the Honorable Mayor, onded by Councilman Thompson. City Council and City Manager. Carried by the following vote: Gentlemen: Following are the Yeas—Mayor Wharton, Council- charges recommended for the ren - men Murphy, Schueller, Thompson, tal of the Athletic Field, where ad - Wharton. mission is charged: Nays—None.Daylight Baseball games..$10.00 Proof of publication, certified to Night Baseball games ...... 12.00, by the publishers, of the notice of Electricity. El plus the cost of the Electricity. sale of $8,000.00 Special Assessment Daylight Football a Bonds for the improvement of West Night Football gauges ........15.00, Third Street, presented and read. plus the cost of the Electricity. Councilman Thompson m o v e d Pageants, Automobile Shows, Ro- that the proof of publication be re- deos, etc., $12.00 per day, and $15.00 cetved and flied. Seconded by Coun- pet, night, plus the cost of the Elec. cilman Murphy. Carried by the fol- tricity. lowing vote: Where an organization gives the Yeas—Mayor Wharton, Council- proceeds to charity, or where there men Murphy, Schueller, Thompson, is no admission charged, I recom- Van Duelman, mend that there be no charge other Nays—None. than the cost of the Electricity. May 4th, 1942. Respectfully submitted, To the Honorable Mayor and CARL GRABOW, City Council, Dubuque, Iowa. Director of Recreation. Gentlemen: Pursuant to your in, in Resolution Councilman Thompson in o v e d of the Di - struettons contained No. 162-41 $8,000.00 of Special As- that the recommendation rector of Recreation be approved. sessment Bonds for the improve- Seconded by Councilman Murphy. ment of West Third Street were of- Carried by the following vote: fered for sale on April 24th after yeas—Mayor Wharton, Council - proper advertising. The bid of Peter filen Murphy, Schueller, Thompson, H. McCarthy offering par and ac- Van Duelman. crued interest was accepted and Nays—None. the bonds awarded to him. May 2nd, 1942. Respectfully submitted, Honorable Mayor and OTTO F. PULS, City Treasurer. To the City Council, Dubuque, Referring to attach, Councilman Murphy moved that Gentlemen: of Klauer Manufactur- the bid of Peter H. McCarthy be accepted and that the awarding of ed petition ted April , 1942, re- ing Co., aezoning of their property, the purchase of said bonds by Peter questing 108 Regular Session, May 4th, 1942 Lots 247 to 258, both inclusive, in Glendale Addition No. 3,to the City of Dubuque, from Two Family to Light Industrial classification, the Planning and Zoning Commission respectfully recommends the grant- ing of said petition, suggesting, at the same time in this connection, than an effort be made, by your Honorable Body, to acquire some of the property in question at the cor- ner of Washington and Twenty- sixth streets sufficient to relieve the bad jog in Washington Street at this point. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secretary. Councilman Thompson m o v e d that the communication of the Planning and Zoning Commission be referred to the Council to view the grounds. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy Schueller, Thompson, Van Duelman. Nays—None. May 4th, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held March 31st, the petition of A. G. Reuschel et al., re- questing the installation of a street light near 1900 Hale Street, was re- ferred to the Council to view the grounds. The Council viewed the site on May 1st and decided to install an additional light on Hale Street, and to adjust the present spacing of the existing street lights on the street. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved t h a t the recommendation of City Man- ager Rhomberg be approved and the decision of the Council confirmed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. April 25, 1942. In re: Claim of Leanore Schroeder. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: I have investigated this matter, and have been to the place of the accident and saw the defective conditions and am of the opinion that there is a liability on the part of the City, but that the dangerous condition was contrib- uted to by the property owners. After consultation with the repre- sentatives of the property owner, they have agreed to pay one-half of this claim and I recommend that a w a r r a n t be issued to Leanore Schroeder for $8.60, one-half of the amount she claims of the City, and that the same be delivered to her upon execution and delivery of a proper release. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solic- itor Kintzinger be approved and the City Auditor to be instructed to draw a warrant in the amount of $8.60 in favor of Leanore Schroeder as settlement in full of the City share of the claim and that said warrant be delivered upon the exe- cution and delivery of a proper re- lease. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 44-42 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. Henry Jansen and Lucille Jansen, 55 East Seventh Street. Leonard Schuster, 2656 Lincoln Avenue. Gus Henkel, 1046 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 4th day of May, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Attest: J. J. SHEACouncilmen. 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- Regular Hessian, May 4th, 1942 109 men .Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 45-42 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 and the same are hereby approved, and it is or- dered that the premises to be occu- pied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name Address Martin Meyer and Vernon Meyer, 530 East 22nd Street. Dell Warren and Ralph Warren, 1700 Central Avenue. Harry N. Gantert and Lucile Gan- tert, 1301 Rhomberg Avenue. George Deyoe, 469 Main Street. Frank Reis and Kathryn Reis, 509 Eighth Avenue. George T. Vrotsos and Spiros D. Coven, 605 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf Club, End of Ran- dall Place. Dubuque Metal Trades Council Club, 290 West Fourth Street. CLASS "C" PERMIT Charles Barrett and Ethel Mae Barrett, 2401 Jackson Street. Jacob Schwietering, 1005 Main Street. Thompson & Hogan (F. W. Thompson), 55 Locust Street. Passed, adopted and approved this 4th day of May, 1942. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Van Duel man. Nays—None. Councilman Thompson not vot Ing. havefiled 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 Martin Meyer and Vernon Meyer, 530 East 22nd Street. Dell Warren and Ralph Warren, 1700 Central Avenue. Harry N. Gantert and Lucile Gan- tert, 1301 Rhomberg Avenue. George Deyoe, 469 Main Street. Frank Reis and Kathryn Reis, 509 Eighth Avenue. George T. Vrotsos and Spiros D. Coven, 605 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf Club, End of Ran- dall Place. Dubuque Metal Trades Council Club, 290 West Fourth Street. CLASS "C" PERMIT Charles Barrett and Ethel Mae Barrett, 2401 Jackson Street. Main Jacob Schwietering, 1005 Street. Thompson & Hogan (F. W. Thompson), 55 Locust Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 4th day of ALBERT aWHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, o ncil- men Murphy, Schueller, Duel - man. Nays—None. Councilman Thompson not vot Ing Resolution No. 46-42 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits 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 Resolution No. 47--42 Whereas, the North 60 feet of Lot S of Mineral Lot 24 in the City Of Dubuque, Dubuque County, was sold on February 3, 1936, Coun- ty County, Iowa, by the Treasurer of Dubuque County, Iowa, for the delinquent taxes and unpaid taxes against the real estate for the years 1924 to 1934, inclu- sive. and Whereas, the said Dubuque Coun. ty, Iowa, desires to sell the above described real estate to John A. 110 Regular Session, May 4th, 1942 Brune and Helen Brune for $50.00, and Whereas, the sale of said prop- erty by Dubuque County, Iowa, to John A. Brune and Helen Brune for a sum less than the total amount 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 the tax levying and tax certifying bodies having any in- terest 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 John A. Brune and Helen Brune for the sum of $50.00 in cash, be and the same is hereby authorized and approved. Passed, adopted and approved this 4th day of May, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 48-42 Whereas, Lots 31 and 32 of Levi's Addition 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 against the real estate for the years 1931 to 1934, inclusive, and Whereas, the said Dubuque Coun• ty, Iowa, desires to sell the above described real estate to J. E. Kern, ler for $20.00, and Whereas, the sale of said prop erty by Dubuque County, Iowa, to J E. Kemler for a sum less than the total amount stated in the Tax Cer tificate including all endorsement: of subsequent general taxes, in terests and costs requires the writ ten approval of a majority of all the tax levying and tax certifying bo dies having any interest in saic 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 J E. Kemler for the sum of $20.00 it cash, be and the same is hereb; authorized and approved. Passed, adopted and approved his 4th day of May, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 49-42 Whereas, Lot 41 of Woodlawn Park Addition 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 unpaid tax- es 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 N. J. Meyer for $35.00, and Whereas, the sale of said prop- erty by Dubuque County, Iowa, to N. J. Meyer for a sum less than the total amount stated in the Tax Cer- tificate including all endorsements of subsequent general taxes, inter- ests and costs requires the written approval of a majority of all the tax levying and tax certifying bo- dies having any interest in said gen- eral taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the sale of said property to N. J. Meyer for the sunt of $35.00 in cash, be and the same is hereby authorized and approved. Passed, adopted and approved this 4th day of May, 1922. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy Schueller, Thompson, Van Duelman. Nays—None. Mr. C. E. Dove, Manager of the Interestate Power Company, ad- Regular Session, Alae 4th, 1942 111 dressed the Council requesting per- mission to re-route the West Du. buque buses, the Eagle Point buses, the Fremont buses and the Mt. Car- mel buses. Councilman Murphy moved that the request be granted and that the City Solicitor be instructed to pre- pare an amendment to the present bus ordinance and incorporate the changes as requested. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk. Approved Q.. 3^942. 1942. Councilmen: 7 Attest: ....... City City Council (Official) Special Session, May 6th, 1942. Council met at 9:30 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Van Duel - man. 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 on the communication of the Planning and Z o n i n g Commission recom- mending the granting of petition of the Klauer Manufacturing Company requesting rezoning of Lots 247 to 258, both inclusive, in Glendale Ad- dition No. 3, from Two Family to Light Industrial classification and acting on any other business as may properly come before a regular meeting of the City Council. May 2nd, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attach - d petition of Klauer Manufactur- ing Co., dated April 28th, 1942, re- g rezoning of their property, Lots 247 to 258, both inclusive, in Glendale Addition No. 3 to the City oL Dubuque, from Two Family to ight Industrial classification, the Planning and Zoning Commission respectfully recommends the grant- ing of said petition, suggesting, at the same time in this connection, that an effort be made, by your Honorable Body, to acquire some of the property in question at the cor- ner of Washington and Twenty- sixth Streets sufficient to relieve the bad jog in Washington Street at this point. Respectfully submitted. DUBUQUE ZONING COMM SSIOl4. By Richard V. Mcre y, Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission as the same refers to the rezoning of Lots 247 to 258, both inclusive, in -Glendale Addition No. 3, be ap- proved and the City Solicitor to eber instructed to prepare the propr proceedings. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- 112 Special Session, May 6th, 1942 men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Murphy moved that the City Manager be empowered to negotiate with the officials of the Klauer Manufacturing Company for the purpose of acquiring the neces- sary property for the straightening of the street intersection at Twenty- sixth and Washington Streets. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 50-42 Whereas, The Planning and Zon- ing Commission of the City of Du- buque has recommended to the City Council that the zoning map may be amended and changed in the follow- ing respects: By changing from a "TWO FAM- ILY RESIDENCE DISTRICT" to a "LIGHT INDUSTRIAL DISTRICT" the area embraced within the fol- lowing lots, to -wit: Lots 247, 248, 449, 250, 251, 252, 253, 254, 255, 256, 257 and 258, all in Glendale Addition No. 3 to the City of Dubuque, Iowa. Whereas, before said zoning map may be thus amended and changed, it is necessary that a public hear. ing be held thereon: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that said recommendation be, and the s am e is hereby ap- proved, and the City Clerk, be, and he is hereby directed to cause to be published in the Dubuque Tele. graph -Herald, a notice of public hearing to be held by this Council upon the proposed changes and amendments, the date of said hear- ing being h e r e b y fixed at 7:30 o'clock P. M., June 1st, 1942, and to be held in the Council Chamber in the City Hall, said notice to be pub. lished at least fifteen (15) days be. tween the date of publication there. of and the time fixed for said hear- ing. That at said hearing all and any parties in interest and citizens shall have an opportunity to be heard. Passed, adopted and approved this 6th day of May, 1942. ALBERT WHARTON, F. W. THOMPSON,ayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Attest: J. J. SHEAouncilmen. City Clerk. Councilman Schueller moved the adoption of the resolution. Second. ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of the Dubuque Trades and Labor Congress requesting per. mission to rent the grounds adioin. ing the Athletic Field for the hold. ing of a carnival from May 26th through May 31st, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Margaret Smith re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on the East % of South % of Lot 21, L. H. Langworthy's Addition, presented and read. Councilman Thompson m o v e d 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. May 6th, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In re: PETITION OF FRANK B. HIRD for suspension of taxes on: Lot 1 of the Subdivision 36 of Julia Langworthy's Addition, Lot 2 of the Subdivision 36 of Julia Langwor- thy's Addition, and Lot 1 of the Sub. division 37 of Julia Langworthy's Addition, asking that the 1941 tax be suspended because of age and infirmity. In re: PETITION OF GEORGE J. ROEPSCH for suspension of tax- es on: Lot 82, McCraney's 1st Ad- dition, asking that the 1941 tax be suspended because of infirmity. I recommend that the said Peti. tions should be approved by the City Council of the City of Dubuque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Schueller moved that the recommendation of City Solicit- or Kintzinger be approved and the Petition of Frank B. Hird request- ing suspension of the 1941 taxes on Lot I of Sub. 36 of Julia Lang- Special Session, May 6th, 1942 113 worthy's Addition and Lot 2 of Sub. of 36 of Julia Langworthy's Addi- tion and Lot 1 of Sub. 37 of Julia Langworthy's Addition be granted, and also the petition of George J. Roepsch requesting suspension of the 1941 taxes on Lot 82 of McCra- ney's 1st Addition be granted and the Board of Supervisors to be no- tified of the action of the City Coun- cil. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Ordinance No. 16-42. An Ordin- ance amending Ordinance No. 12- 1938, "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 thereof in conflict herewith, presented and read. Councilman Thompson m o v e d that the reading just had be consid- ered the first reading of the ordin- ance. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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 Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. men Murphy, Schueller, 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, 1942, present- ed 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Nays—None. The ordinance was then read a second time. Councilman Thompson m o v e d that the reading just had be consid. ered the second reading of the or- dinance. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Thoilipson 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 Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- Resolution No. 51-32 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 George T. Vrotsos and Spiros D. Coven, 605 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 6th day of May, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson m o v e d the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 52-42 Whereas, application for C l a s s "C" Beer P e r m i t 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 and the same is hereby approved, and it is order- ed that the p emir ssto be occupied ied by such app th- with inspected. CLASS "C" PERMITAddress Name Carl Van Duelman, 590 Seminary Street. 114 Special Session, May (ith, 1942 Passed, adopted and approved this 6th day of May, 1942. F. W. THOMPSON, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Councilmen Murphy, Schueller, Thompson. Nays—None. Mayor Wharton and Councilman Van Duelman not voting. Resolution No. 53-42 Whereas, heretofore application was filed by the within named appli- cant for Class "C" Beer Permit 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 p r o p er 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 "C" PERMIT Name Address Carl Van Duelman, 590 Seminary Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 6th day of May, 1942. F. W. THOMPSON GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas —C o u n c i l in e n Murphy, Schueller, Thompson. Nays—None. Mayor Wharton and Councilman Van Duelman not voting. There being no further business, Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA City Clerk. ApprovedCUAotAA,66 .34., 1942 Adopted may..... Councilmen: Attest: ......... U City Clerk. Special Session, May 1St1l. 1942 115 ■ City Auditor be instructed to draw o u n c I I a warrant in the amount of $100.00 Council City in favor of Jack Walker to cover cover the amount of refund granted on (Official) the unexpired portion of his Class Special Session, May 15th, 1942. „B„ Beet• Permit No. 130. Seconded by Coufollncilman Murphy. Carried by Council met at 7:30 P. M. the owing vote: Present—Mayor Wharton, Coun- yeas—Mayor Wharton, Council- cilmen Murphy, Schueller, Thomp- men Murphy, Schueller, Thompson, 11 Van Duelman, City Manager Van Duelman. "Ko,jltberg. Meeting called by order of Colin- Nays—None. Murphy and Schueller. Communication of the Memorial cilmen Mayor Wharton read the call and Day Committee extending invita- that service thereof had been tion to the City Council to partici- stated duly made and that this meeting is Pate in the annual Memorial Day for the purpose of consider- parade and program to be held May called ing for final adoption Ordinance No. 30th, 1942, presented and read. 16-42, An Ordinance amending Or- Councilman Thompson m o v e d dinance No. 12-1938, "authorizing that the invitation be accepted. Interstate Power Company, its suc- Seconded by Councilman Murphy. cessors and assigns to substitute Carried by the following vote: bus transportation for street tail- yeas—Mayor Wharton, Council - way transportation; designating men Murphy, Schueller, Thompson, motor bus routes" by changing cer- Van Duelman. tain defined bus routes and by re- Nays—None. pealing any and all ordinances or in conflict herewith Ordinance No. 16-42. An Ordin- parts thereof and acting on any other business as ante amending Ordinance No. 12— 1933, "authorizing Interstate Power may properly come before a regular of the City Council. Company, its successors and as - trans- meeting signs to substitute motor bus Communication of Lester E. Wil - portaion for street railway trans- bticht submitting offer in the amount of $15.00 for the South 30 portation; designating motor bus by changing certain defined feet of Lot 12 of J. P. Porter's Addi- routes" bus routes and by repealing any and tion, Presented and read. all ordinances or parts thereof in Councilman Murphy moved that the communication be referred to conflict herewith, said ordinance having been passed upon first and the Council to view the grounds. second readings on May 6th, 1942, Seconded by Councilman Schueller. and ordered placed on file with the Carried by the following vote: City Clerk for public inspection for before its final Yeas—Mayor Wharton, Council- at least one week and read a men Murphy, Schueller, Thompson, adoption, presented Van Duelman. third time. Nays—None. ORDINANCE NO. 16-42 Ordinance Petition of F. Kissell requesting the suspension of the penalty on An Ordinance amending I �Po"e�2Co3„�� authItSizsuccessorssand the unpaid special assessments le- Powermotor bus trans - to substitute alisigportation vied against Lot 44 of Farley Sub., for Street railway transpor- bus routes” presented and read. Councilman Murphy moved that tation; designating motor by changing certain �'lyfi enlldbus ro tis nd the petition be referred to the City aby repealing native., or parts thereof in conflict. Manager and City Treasurer for in- Seconded by herewith. (-)RDAINED BY THE CITY vestigation and report. Councilman Van Duelman. Carried BE 1.1, COUNCIL OF THE CITY OF DU - by the following vote: ]'I -(!I I:: ct!o 1 That R 2GRSa Yeas—Mayor Wharton, Council - —I IzS—SECTION divis� OrdinfolloanceNo. 12-1938 is men Murphy, Schueller, Thompson, one ofnded as Van Duelman. By striking out, Nays—None. Petition of Jack Walker request- "To Fremont Avenue; thence on Fremont Avenue to Wartburg Place; and ing a r e f u n d ill the amount of Doenge thence on Fremont Avenue Avenue; ce $100.00 on his Class "B" Beer Per- January Street toGGrandvieiew ABryant on South Grand - relit No. 130, expiring 1943, as he is discontinuing buss- Street; thence return on North Grandview Avenue to ness as of May 15th, 1942, presented 1e«, and 1,,,1bi Street." in lieu thereof, and read, Councilman Van Duelman moved and inserting "To Booth Street; thence south on Avenue: that the request be granted and the Booth Street to Grandview 116 _ Special Session, liar lath, 1942 thence south on Grandview Avenue to Bryant Street; thence return on South Grandview Avenue to Dodge Street; thence over Dodge Street to Fremont Avenue; thence on Fremont Avenue to Wartburg Place; thence return on Fremont Avenue and Dodge Street to Grandview Avenue; thence on Grand- view Avenue to Delhi Street." Section 'l. That "PARAGRAPH 258 —ROUTES—SECTION 12" Subdivis- ion 6 of Ordinance No. 12-1938 is amended as follows: By striking out, "Thence on ]Vest Third Street to Alpine Street' and Inserting in lieu thereof, "thence on West Third Street to James Street; thence south on James Street to Langworthy Street; thence west on Langworthy Street to Alpine Street" Section 3. That "PARAGRAPH 258 —ROUTES—Section 12" Subdivision 8 of Ordinance No. 12-1938, is amend- ed as follows: By striking out of said section: "to Central Avenue; thence on Cen- tral Avenue to Twentieth Street, thence on Twentieth Street to Rhom- berg Avenue," and inserting in lieu thereof, "to Elm Street, thence on Elm Street to Rhomberg Avenue," By striking out of said section: "thence on East Twentieth Street to Central Avenue, thence on Cen- tral Avenue to Fifteenth Street; thence on West Fifteenth Street to Main Street;" and by inserting in lieu thereof, "thence on Elm Street to East Fourteenth Street, thence on East Fourteenth Street and Loras Boule- vard to Main Street,". Section 4. That "PARAGRAPH 258 —ROUTES—SECTION 12" subdivision 9 of Ordinance No. 12-1938 is amended as follows: By striking out of said section, "thence on Dodge Street to Bryant Street; thence on Bryant Street to South Grandview Avenue;" and inserting In lieu thereof, "thence on Main Street to Rail- road Avenue; thence on Railroad Ave- nue to Southern Avenue; thence on Southern Avenue to Grandview Ave- nue,". Section 5. This Ordinance shall be It, force and effect from and after Its final passage, adoption and approval by the City Council, and publication as by law provided. Passed upon first and second read- ings this 6th. day of May, 1942. Passed, adopted and approved upon final reading this 155th, day of May, 1942. ALBERT WHARTON, F. W. THOMPSO\, Mayor. FRANK VAN l_)UNLJIAN, GEO. R. MURI'H Y, B. A. SCHUELLEIt, Councilmen. ATTEST. J. J. SHEA, Published officially InCity The Clerk. Tele- graph -Herald newspaper this 18th. day of May, 1942. J. J. SHEA, 5-18-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas—'Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Chief of Police Strub submitting for Council con. sideration of a substitute ordinance for the present ordinance requiring the registering and regulating of bicycles presented and read. Councilman Van Duelman moved that the communication and ordin- ance be referred to the City Solicit- or. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of the notice of sale of $3,500.00 sewer bonds for the construction of a sanitary sewer in Fremont Avenue and in Wart. burg Place, presented and read. Councilman Thompson m o v e d 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. May 11th, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions contained in Resolution No. 20-42; $3,500.00 of Special Im- provement Bonds for the installa. tion of a sanitary sewer in Fremont Avenue and Wartburg Place was of- fered for sale on May 8th, 1942, af- ter proper advertising. The bid of Peter H. McCarthy offering par and accrued interest was accepted and the bonds were awarded to hint. Very truly yours, OTTO F. PULS, City Treasurer. Councilman Thompson m o v e d that the bid of Peter H. McCarthy and the award for the sale of the bonds to Peter H. McCarthy be ap- proved. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Naps—None. May 9th, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit Special Session, AIay 15th, 1942 117 the reports of the City Auditor, Citysum of $285.25 — a doctor's bill of Treasurer, City Health Department, $55.00, hospital bill of $25.75, loss City Recreation Director and City of wages $131.50 and $73.00 for help Waterworks, also a list of claims and care. and payrolls for w h i c h rr waants were drawn during the month of April, 1942. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. May 11th, 1942. In re: Claim of H. Mitchell. Honorable Mayor and City Council, City of Dubuque, Iowa. Qentlemen: In reference to the claim of H. Mitchell, filed May 4, 1942, claiming damages caused by flood waters, I have investigated this matter and am satisfied that the damages were caused by an ex. traordinar•y rain and flood and that there is no liability upon the part of the City. I therefore recommend that this claim be denied. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Schueller moved that the recommendation of City Solicit- or Kintzinger be approved and the claim ordered denied. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. May 12, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim of Mayme Leidinger, filed March 11, 1942, claiming that the cross walk was in a dangerous and defective condition because of accu- mulations of snow and ice. I have investigated the same and find that she fell at 13th and Main Streets on the cross walk near the west curb line of Main Street on January 14, 1942, sustaining serious and perma- nent injuries, suffering a fracture and dislocation of the bone in her right arm and wrist. That at this time her wrist seems to be perman ently crippled. She claims that sh is not able to use her right hand because of this injury. She further claims that she ha. sustained actual damages in tha After consultation with her and her attorney, she has agreed to ac- cept $250.00 in full settlement of her claim. I recommend that the claim be settled for $250.00 and that a war- rant be issued payable to her order for that amount and the same be delivered to her upon delivery to the City of a 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 to be instructed to draw a warrant in the amount of $250.00 in favor of Mayme Leidin- ger as settlement in full of her claim and that said warrant be de- livered upon receipt and delivery of a proper release. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. May 9th, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In re: PETITION OF MAR- GARET SMITH for suspension of taxes on: L. H. Langwor•thy's Add. E1/ of Sts of Lot 21, asking that the 1941 tax be suspended because of age. 1 recommend that the said peti- tion should be approved by the City Council of the City of Dubuque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. ICN YISolER, Councilman Schueller moved that the recommendation oo eityaSo Solicit- or or Kintzinger be app petition of Margaret Smith request- ing suspension of the 1941 taxes on the East 1/2 of the South 1/z of Lot 21 of L. H. Langworthy's Addition be granted and the Board of Super- visors to be notified of the action of the City Council. Seconded by Councilman Van Duelman. Carried s by the following Council- Yeas—Mayor Wharton, 118 Special Session, May 15th, 1942 men Murphy, Schueller, Thompson, Van Duelman. Nays—None. May 15th, 1942. 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: PERSONAL Charles J. McCarthy, Harbor and Market Master; Eagle Indemnity Co. TAXI -CAB Joseph J. Even (Black & White Cab Company), 410 Eighth Avenue; Policy No. 109894, Hawkeye Cas- ualty Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson m o v e d that the bonds be approved and placed on file. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. May 15th, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On July 25th, 1941 You asked the Planning and Zoning Commission to study the matter of proper regulations for Tourist and Trailer, Camps and submit recom- mendations for the necessary ordin- ance to cover same. Attached is a copy of a proposed ordinance, which we respectfully submit for your consideration. Yours truly, DUBUQUE PLANNING & ZONING COMMISSION R. V. McKay, Secretary. Councilman Thompson m o v e d that the communication and pro- posed ordinance be referred to the City Solicitor for a report. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Approved Adopted . . A lT Councilmen: l r4 Attest: C J. J. SHEA, City Clerk. 34...1942. .i-a4m 194J1 Clerk. I I- Regular Session, June 1st, 1942 119 City Council (official) Regular Session, June 1st, 1942. Council met at 7:30 P. M. Present —Mayor Wharton, Coun. cilmen Murphy, Thompson, Van Duelman, City Manager Rhomberg. Absent—Councilman Schueller. 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 pro- perly come before the meeting. 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 Zoning Ordinance by changing from a "Two Family Residence Dis- trict" to a "Light Industrial Dis. trict" the area embraced within Lots 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 and 258, all in Glendale Addition No. 3, presented and read. No written objections filed and no objectors present in the Council Chamber. 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 Murphy, Thompson, Van Duel - man. Nays—None. Absent—Councilman Schueller. Councilman Schueller entered the Council Chamber and took his seat at 7:35 P. M. Ordinance No. 17-42. 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 "Light Industrial Dis- trict" certain defined territory now being delimited as "Two Family Residence District," 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 Wharton, Council- men Murphy, Schueller, Thompson Van Duelman. Nays—None. Councilman Thompson m o v e 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. The ordinance was then read a second time. Councilman Thompson m o v e d that the reading just had be con- sidered the second reading of the ordinance. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 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 Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 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 Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Residents and property owners of Gandolfo S t r e e t addressed the Council making inquiry as to the improving of said street, and also residents and property owners of St. Joseph Street addressed the Council requesting that action be taken in the matter of taking care of the storm water on said street. Councilman Schueller moved that the matter of the improving of Gan- dolfo Street and the matter of tak- ing care of the storm water on said street and the alley between Gan- dolfo Street and South Algona Street from St. Joseph Street to Dodge Street be referred to the Council to view the grounds. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Bill of James F. Lee Paving Com- pany in the amount of $287.22 for d balance due on Fremont Avenue Sewer, presented and read. n Mayor Wharton moved that the bill be referred to the Council. Sec- 120 Regular Session, June 1st, 1942 onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, June 1, 1942. Hon. Mayor and City Council, Dubuque, Iowa. Gentlemen: I am herewith en- closing copy of a letter addressed to the State Board of Health rela- tive to the West Locust Street Sani- tary Sewer. I am awaiting action on the part of the City in the complete abate- ment of this nuisance. Yours very respectfully, JAS. F. LEE. Councilman Schueller moved that the communication be made a mat- ter of record. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. June 1, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held May 4, 1942, the communications of Mary L. Lee Ex. and of Mary A. Lee Estate, by James F. Lee, entering complaints concerning the West Locust Street Sanitary Sewer, was referred to the City Manager with instructions to make a thorough investigation of the complaints and to submit a re- port to the City Council at the next regular meeting. The conditions complained of have been thoroughly investigated by City forces as well as by the State Department of Health. Attached is the report and recommendations of A. L. Bennett, Public Health Engi- neer. The sanitary s e w e r has since been thoroughly cleaned, the over- flow connections from the storm sewer have been permanently closed and the other recommendations of the State Health Department have been complied with. Reasonable care and regular maintenance of this sewer should prevent any fur- ther trouble. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Schueller moved that the communication of City Manager Rhomberg be made a matter of rec. ord. Seconded by Councilman Thompson. Carried by the follow• Ing vote: Yeas—Mayor Wharton, Council• men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Claim of Harold Mitchell in the amount of $139.85 for damages to his car caused by flood waters on West 17th Street, presented and read. Councilman Schueller moved that the claim be disallowed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Notice of Claim of Norman J. Kormann in the amount of $4.75 for damages to his automobile tire due to striking a protruding piece of curb at Central and Lincoln Ave- nues, presented and read. Councilman Murphy moved thut 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Notice of Claim of Mrs. Edward (Marie) Balback in the amount of $15,000.00 for injuries received in a fall on a defective sidewalk on the East side of Main street about 60 or 65 feet South of the South curb of 14th Street at the Southeast cor- ner of Main Street and 14th Street, presented and read. Councilman Thompson m o v e d that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of American Wa- ter Works Association extending invitation to the Water Works Su- perintendent to attend the Confer- ence on Wartime Water Works Problems in Chicago beginning June 21 and closing June 25, 1942, pre- sented and read. Councilman Thompson moved that the Superintendent of the Wa- ter Works be authorized to attend at City expense The American Wa- ter Works Conference to be held in Chicago beginning June 21 and clos- ing .lune 25, 1942. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council• Reguiar Session, June 1st, 1942 men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of John M. Ran- kin, Attorney General of Iowa, ex- tending invitation to have the Chief of Police or some member of the force to attend the Peace Officers' Short Course to be held during the week commencing July 6th at Iowa City, presented and read. Councilman Murphy moved that the Chief of Police and one other member of the Police Department be authorized to attend at City's ex- pense the Peace Officers' Short Course to be held at Iowa City dur ing the week commencing July 6th. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of American Le- gion Auxiliary asking that a procla- mation be issued proclaiming one day a week as "Flag Day" duration of the present war, pre- sented and read. Councilman Van Duelman moved that the request be complied with. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Walter J. Burnett re- questing that he be granted a per- mit to collect junk without a ve- hicle and stating that he is disabled and an honorably discharged vet- eran of the World War, presented and read. Councilman Thompson m o v e d that the petition be referred to the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Dr. Harry C. Nesler et al. requesting permission for the construction of curb and guttering on Elenore Street, presented and read. Councilman Murphy moved that the petition be referred to the Cit Manager for the purpose of work- ing out a satisfactory arrangement with the petitioners for the con struction of curb and guttering o Elenore Street. Seconded by Coun oilman Van Duelman. Carried b the following vote: Yeas—Mayor Wharton, Council 121 men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Arthur Hos- kins submitting an offer in the amount of $70.00 cash in full settle- ment of the special assessments le- vied against Lot 4 of Jansen Sub- division No. 3 on Roosevelt Street, presented and read. Councilman Van Duelman moved that the offer be accepted and the City Auditor instructed to draw a warrant in the amount of $69.49 on the Improvement Fund to cover the balance due on the special assess- ments levied against Lot 4 of Jan- sen Subdivision No. 3 for the im- provement of Roosevelt Street. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. To the honorable Mayor and City Council of the City of Dubuque: Gentlemen: On September 24, 1920, the City of Dubuque attempted to convey Lot 1 of the Subdivision of Lot 7 in Smyth's Subdivision to the City of Dubuque, according to the re- corded plats thereof, the Sinope In- vestment Corporation, for the con- sideration of $650.00, and w h i c h deed was filed October 5, 1920, and recorded in Bk. 87, T. L. page 363, records of Dubuque County, Iowa. This deed was signed by the then Mayor of the City of Dubuque and the then Manager thereof. It was defectively acknowledged, and the Notary attempting to take the ac- knowledgment was then also acting as City Clerk, and the deed fails to show a seal attached. Under the Provisions of Ordin- ance 81 of the Revised Ordinances of 1919, deeds executed in behalf of the City must be signed by the Mayor or Mayor pro tem, and at- tested by the Recorder. This Or- dinance was amended by Ordinance No. 19 of the Ordinance of the year 1939, substituting the words "City Clerk" for the word "Recorder." Inasmuch as the City of Dubuque received full value for said prop Y erty, and the failure to execute and deliver proper deed to the then pur- chaser was a mere inadvertence and clerical error, Your petitioner re- n spectfully prays that your honor- able body take proper action in the Y adoption of a Resolution directing the Mayor and the City Clerk to execute and deliver correction deed 122 Regular Session, June 1st, 1942 in form submitted, running to the present owner ofL said property. Petitioner. By E. H. Willging, His Attorney. Councilman Schueller moved that the petition be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 54-42 Be It Resolved by the City Council of the City of Dubuque, Iowa: Whereas, it appears from a peti- tion filed herein by L. A. Walch that a deed was executed by the City of Dubuque to Sinope Invest- ment Corporation under date Sep- tember 24, 1920, filed October 5, 1920, and recorded in Bk. 87, T. L. page 363 of the records of Dubuque County, Iowa, and that through in- advertence and mistake said deed was signed by the then Mayor and by O. E. Carr, City Manager, and that said deed should have been executed by the Mayor and by the then City Recorder, and it further appears that the seal of the City was omitted from the said deed, all as required by the provisions of Ordinance 81 of the Revised Ordin- ances of 1919 of said City, and Whereas, it further appears that the consideration paid for said transfer was $650.00 and represent- ed the then full value of the prop- erty conveyed, and being Lot 1 of the Subdivision of Lot 7 in Smyth's Subdivision to the City of Dubuque, according to the r e c o r d e d plat thereof; and, whereas, it now ap- pears that the present owner of said property, for the purpose of correc- tion of title, deems it necessary and advisable that a correction deed be had from the City of Dubuque, Iowa, to said owner, and it further ap- pears that Possession of said prop- erty has been had continuously since the execution of said deed in the then grantee and his successor grantees, and that the City of Du• buque has no further interests, claims, or demands in relation tc said property or the use thereof and that action to quiet title woulc probably result in the establish ment of title in the present owner but which action would involve ex pense and delay, and would not b( beneficial to said City. Therefore, Be It Resolved, tha the Mayor of the City of Dubuque Iowa, be, and he is hereby author ized and directed to execute and de liver correction deed in form sul; pitted to this Council, and said leed to be attested by the City ;lerk of the City of Dubuque, Iowa, ,nd to have the seal of the City hereto affixed, conveying to L. A. 1Valch the hereinbefore described )roperty, and that said deed be de- ivered to the said L. A. Walch. Passed, adopted and approved his 1st day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- :)nded by Councilman Thompson. .arried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. To the Honorable Mayor and City Council of the City of Dubuque. The undersigned, Mona Walker, has been until recently the owner of the Northerly 32 feet of the West- erly 45 feet of Lot 47 and the South Half of vacated alley immediately North of and adjoining said prop- erty in Julia L. Langworthy's Addi- tion in the City of Dubuque, Iowa. That she sold the same two weeks ago to Sherman T. Mayne and Catharine Mayne, husband and wife as joint tenants with right of sur- vivorship and not as tenants in com- mon, and objection has been made to the title with respect to the South Half of vacated alley imme- diately North of and adjoining said property. The reason for said ob- jection is that said alley was va cated by the City of Dubuque in 1914, the ordinance providing, "and the same is hereby vacated and an- nulled and the permanent use of the respective portions thereof adjoin- ing the various lots abutting there- on is hereby granted to the owners and proprietors of said lots as con- templated by statute in such cases." However, no deed to the same by the City of Dubuque by quit claim or otherwise has ever been issued to the owner of the real estate im- mediately abutting thereon, and to Perfect the title at this time there- fore, your Honorable Body is re- spectfully petitioned to execute, pursuant to said ordinance, a quit claim deed to Sherman T. Mayne and Catharine Mayne, husband and wife, as joint tenants with right of survivorship and not as tenants in Regular Session, June 1st, 1542 123 common, covering the South Half of vacated alley immediately North of and adjoining the Northerly 32 feet of the Westerly 45 feet of Lot 47 in Julia L. Langworthy's Addition in the City of Dubuque, Iowa. Dated at Dubuque, Iowa, this 27th day of May, 1942. MONA WALKER. Councilman Thompson m o v e d that the petition be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 55-42 A Resolution authorizing execu- tion of deed to the South Half of vacated alley adjoining on the North of the Northerly 32 feet of the Westerly 45 feet of Lot 47, in Julia L. Langworthy's Addition in the City of Dubuque, Iowa, pursu- ant to Ordinance adopted on May 7th, 1914. Whereas, a request has been filed with the City Council of the City of Dubuque, Iowa, to execute a Quit Claim deed to the South Half of va- cated alley immediately North of and adjoining the Northerly 32 feet of the Westerly 45 feet of Lot 47, in Julia L. Langworthy's Addition in the City of Dubuque, Dubuque County, Iowa, to Sherman T. Mayne and Catherine Mayne, husband and wife as joint tenants with tight of survivorship, and not as tenants in common, pursuant to an Ordinance adopted on May 7th, 1914, which reads as follows: "Section 1. That the alley extend- ing from Nevada Street easterly to a North and South alley and being between Langworthy Ave- nue and Solon Street in Julia L. Langworthy's Addition to the City of Dubuque, Iowa, be and the same is hereby vacated and annulled and the permanent use of the respective portions thereof adjoining the various lots abut- ting thereon is hereby granted to the owners and proprietors of said lots as contemplated by sta- tute in said cases." and, Ing its Mayor and Clerk, execute a Quit Claim deed conveying the South Half of vacated alley imme- diately North of and adjoining the Northerly 32 feet of the Westerly 45 feet of Lot 47, in Julia L. Lang - worthy's Addition in the City of Du- buque, Dubuque County, Iowa, to the said Sherman T. Mayne and Catharine Mayne, husband and wife as joint tenants with right of sur- vivorship and not as tenants in common, and deliver said deed to the said record title owners and do any and all things necessary to give full force and effect to the Ordin- ance adopted as above referred to. Passed, adopted and approved this 1st day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Whereas, said Ordinance provides that it is to take effect on one pub- lication in the daily Telegraph and Times Journal; and Whereas, such publication was duly made on May 8th, 1914: Now Therefore, Be It Resolved by the City Council of the City of Dubuque, that the City of Dubuque by its duly authorized officers, be 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—Mayor Whatton, Council- men Murphy, Schueller, 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 dur- ing the month of April, 1942, pre- sented and read. Councilman Murphy moved that proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Ordinance No. 15-42. An Ordin- ance amending "Ordinance No. 10- 40" being "An Ordinance Regulat- ing the Use of Bicycles Within the City of Dubuque, Iowa, Providing for the Registration thereof, and providing for a Penalty for Violation hereof" by requiring annual regis- tration, and by repealing any and all ordinances or parts thereof in conflict herewith, presented and read. Councilman Thompson m o v e d that the reading just had be consid eyed the first reading o Ordin- ance. Seconded by Cohn Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- 124 Regular Session, June 1st, 1942 men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Thompson m o v e d that the rules be suspended requir. ing an ordinance to be read on three separate days. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelinan. Nays—None. The Ordinance was then read a second time. Councilman Thompson m o v e d that the reading just had be consid- ered the second reading of the Or- dinance. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 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 Schueller. Carried by following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. June 1, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting here- with the annual reports of the City Auditor, City Treasurer and City Recreation Director for the fiscal year beginning April 1st, 1941, and ending March 31, 1942. 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 Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. June 1, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held May 4, 1942, the petition of Mr. and Mrs. George Pleimling et al. requesting the City Council to cause the removal of the several piles of old lumber from thf lot adjoining the rear of 710 Mer; Street was referred to the Citi Manager for investigation and re. Dort. I have investigated and find that there were three piles of used di. mension lumber belonging to Au- 3rew Fuerst piled on Lot 2 of 6 of 5 of Stafford's Add. which is owned by Mrs. Margaret Fuerst. Two of these piles have since been hauled away. Mr. Fuerst has agreed to re- move the remaining lumber during his vacation in the near future. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the communication of City Manager Rhomberg be made a mat- ter of record. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Connell - men Murphy, Schueller, Thompson, Van Duelman. Nays—None. June 1, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held May 15th the peti- tion of F. Kissell requesting suspen- sion of penalties on the unpaid spe- cial assessments levied against Lot 44 of Farley's Sub. was referred to the City Manager and City Treas- urer for investigation and report. We have searched the records and find that the last two install- ments due in 1937 and 1938 for both the Spruce Street and Wilbur ,Street improvements are delin- quent. The status of the special as- sessments, if paid by June 15, 1942, is as follows: SPRUCE ST. (FUND 323) LEVIED AUGUST 5, 1929. Principal due ............................$ 74.54 Interest...................................... 5.55 Advertising costs .................... .60 �Ienalty........................................ 27.03 Total........................................ $107.75 WILBUR ST. (FUND 839) LEVIED SEPTEMBER 3, 1929 Principal due ............................$ 21.06 Interest...................................... 1.59 Advertising costs .................... .60 Penalty........................................ 7.84 Total........................................$ 31.09 The amount necessary to pay the special assessments against Lot 44, Farley's Sub., is therefore $138.84, of which $34.87 represents pen- alties. We recommend that upon the pe- titioner paying $103.97 on or before June 15, 1942, that a warrant be or- Regular Hessian, June 1st, 1942 125 dered drawn on the Improvement Fund in the amount of $34.87 to co- ver the penalties. Respectfuily submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Councilman Schueller moved that the recommendation of City Man- ager Rhomberg and City Treasurer puss be approved and the City Treasurer and City Auditor in- structed accordingly, and also that the City Auditor be instructed to draw a warrant in the amount of $34.87 on the Improvement Fund to cover the penalties due on the spe- cial assessments levied against Lot 44 of Farley's Subdivision. Seconded by Councilman Thompson. Carried by the following vote: Yeas—MaYor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. June 1, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held May 4, 1942, the petition of Mary M. Fuchs et al. re- questing the curbing and guttering of Lombard Avenue from the inter- section of Fremont Avenue to the end of the Washington Junior High School property was referred to the Council to view the grounds. The Council viewed the site on May 26th and decided to order a plat and schedule prepared and sug- gested that because of the small size of the job the Manager find out if the work could not be financed by the three property owners with- out the levy of special assessment. 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 Man- ager Rhomberg be approved and the decision of the Council confirmed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. May 19, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the communication addressed to the Council on March 12, 1942, offering to pay $25.00 for the cancellation and release of certain assessments made against Lot 1 of Lot 2 of Lot 2 of Lot 2 of the Subdivision of Lots 2, 3, 4, and Lot 1 of 6, of the Subdivision of Mineral Lot 307 A, in the City of Dubuque, Dubuque County, Iowa, for the pavement of Roosevelt Street in 1929 for $818.96, I am of the opinion that this offer should be accepted and the Special Assessment against said property should be released and cancelled. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the communication of City Solicitor Kintzinger be referred to the Coun- cil to view the grounds before any action is taken by the Council. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Reso;ution No. 56-42 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 Vincent Duffy and Steve Cole, 378 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 1st day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 57--42 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; now, there- fore, the Council of Be It Resolved by the City of Dubuque that the follow- ing applications be and the same are hereby approved and it is or- dered that the premises to be occu- 126 Regular Session, June 1st, 1942 fapplicants shall be forthwith inspected. CLASS "B" PERMIT Name Address A. R. Uppinghouse and Philo- mena Uppinghouse, 238-240 West Sixth Street. Vincent Duffy and Steve Cole, 378 Main Street. Leo Link and Bernice Link, 1487 Central Avenue. Arthur J. Eisenegger, 1105 Iowa Street. Margaret K. Scherbring, 198 Main Street. CLASS "C" PERMIT Ray E. Duttle and Arlene Duttle, 1105 Walnut Street. Passed, adopted and approved this 1st day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, CEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 58-42 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits 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 appli- cants a Beer Permit. CLASS "B" PERMIT Name Address A. R. Uppinghouse and Philo- mena Uppinghouse, 238-240 West Sixth Street. Vincent Duffy and Steve Cole, 378 Main Street. Leo Link and Bernice Link, 1487 Central Avenue. Arthur J. Eisenegger, 1105 Iowa Street. Margaret K. Scherbring, 198 Main Street. CLASS "C" PERMIT Ray E. Duttle and Arlene Duttle 1105 Walnut Street. Be It Further Resolved that the bonds filed by such applicants be end the same are hereby approved. Passed, adopted and approved this 1st day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, DoCity Clerk. Approved �JflJt r.It AdoptedVJ 1942. / P iLuiv"'_ Councilmen: .............�1�. ..... .. . Attest: ....... .. City Clerk. Special Session, j une 30th, 1942 127 City Council (Official.) Special Session, June 30th, 1942. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Murphy and Schueller. 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 for adoption resolutions direct- ing the issuance of beer and cigar- ette permits and acting on any other business as may properly come before a regular meeting of the City Council. 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 Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mr. M. H. Czizek, Attorney, re- presenting the Dubuque Packing Company, addressed the Council stating that the Dubuque Packing Company were ready to live up to their part of the agreement for the filling of Lynn Street just as soon as the City causes the removal of the buildings and obstructions from said Lynn Street. Councilman Thompson moved that the City Manager be instructed to take any and all proceedings that he deems necessary in order to cause the removal of any and all obstructions from the streets and alleys in the vicinity from 15th Street to 19th Street and between Cedar Street and Marsh Street. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- man Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of E. T. Frith, President of E. E. Frith Company, Inc., asking Council to have the railroad tracks on 18th Street cov- ered so that travel can be made Possible as Lynn Street is not suit- able for travel and that there is no building in process on 18th or 19th which does not necessitate the clos- ing of 18th Street and also that traffic conditions on 16th Street and also on _ Sycamore Street are such that it is interfering with their nor- mal trade and that the parking of trucks near their place of business sometimes makes it impossible to load and unload at their loading dock causing considerable incon- venience, and stating that the open - Ing of 18th Street would relieve this situation, presented and read. Councilman Schueller moved that the communication be received and placed on file. Seconded by Coun. cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of D u b u q u e Packing Company requesting permission to snake the following improvements and alterations in the alley between 16th and 17th Streets and Cedar and Maple Street, presented and read: (1) To grade the alley commencing at the north property line at East 16th Street and thence northerly a distance of approximately 180 feet; (2) To lay and construct a concrete pavement on said alley commenc- ing at the north property line of East 16th Street and thence north- erly a distance of approximately 140 feet; (3) To build and construct a manhole in said alley at a point op- posite the center line of the new building and at the lowest point in said alley and to lay and install a surface water drain pipe from said manhole southerly to the manhole in East 16th Street and to connect said drain pipe with said manhole; (4) To construct a tapered concrete curb on the westerly side of• said alley along said pavement hav- ing a curb face its highest point ap- proximately seven inches. Mr. Or- lin Conlon addressed the Council in support of the petition of the Du- buque Packing Company and re- quested that said petition be grant- ed. 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 Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of the Dubuque S e e d Company requesting permission to add 15 feet to their unloading plat form in the rear of 169-171 Iowa Street, presented and read. Councilman Schueller moved that the petition be referred to the Coun- cil to view the grounds. Seconded 128 Special Session, J tine 30th, 1942 by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Carl Scheufele re- questing Council to view the condi- tion of Esther Street, as said street is in a very bad state of repair, pre- sented and read. Councilman Thompson m o v e d that the petition be referred to tho Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of H. L. Barrett request- ing a refund on his Class "B" Beer Permit No. 149, as he is surrender- ing said permit, presented and read. Councilman Thompson m o v e d that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of H. L. Barrett to cover the amount of refund granted on the un- expired portion of Class "B" Beer Permit No. 149. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Z u m h o f Insurance Agency requesting cancellation of the Class "B" Beer Bond and also the Cigarette Bond of Jack Walker as he has discontinued business as of May 15th, 1942, presented and read. Councilman Murphy moved that the request be granted. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. :Nays—None. Petition of Z u m h o f Insurance Agency requesting cancellation of the Cigarette Bond of Mrs. F. X. Wille, as she is discontinuing busi- ness as of June 30, 1942, presented and read. Councilman Van Duelman moved that the request be granted. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Iowa Children's Home Society requesting permission for the holding of a tag day on either August 8th or August 15th, 1942, presented and read. Councilman Van Duelman moved that the request be granted. See. onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petitions of Capitol Oil Corpora- tion, Thos. J. Mulgrew Co., Nation- al Refitting Company and George A. Grove, Auditor of Gasoline Tax De. partment, requesting that Terminal Street be immediately repaired and placed in a passable condition, pre- sented and read. Councilman Van Duelman moved that the petitions be received and filed and the City Manager instruct. ed to repair and place Terminal Street in a passable condition. Sec. onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Trustee's Deed and Abstract of Title of American Trust and Say. ings Bank conveying Mineral Lots 301, 301A and 302 to the City of Du- buque, presented and read. Councilman Murphy moved that the Trustee's Deed and Abstract of Title be accepted and the Trustee's Deed ordered recorded with the C o u n t y Recorder. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Fire Protection Agreement be- tween the City of Dubuque and Du- buque Club on Bunker Hill, pre- sented and read. City M a n a g e r Rhomberg recommending that the Agreement be accepted. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved and the Agreement accepted and placed on file. Seconded by Councilman Schueller. Carried by the following vote: YeaS—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Deulman. Nays—None. Petition of Mona Walker request- ing Council to authorize the execu- tion of a Quit Claim Deed to Sher- man T. and Catherine Mayne cover- ing the South Half of the vacated alley abutting Lot 2 of the Sub- division of Lots 45 and 46 in Julia �pccial Session, June 30th, 1942 129 L. Langworthy's Addition, present- ed and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 59-42 A Resolution authorizing execu- tion of deed to the South Half of vacated alley abutting Lot 2 of the Subdivision of Lots 45 and 46 in Julia L. Langworthy's Addition in the City of Dubuque, Iowa, pursuant to Ordinance adopted on May 7th, 1914. Whereas, a request has been filed with the City Council of the City of Dubuque, Iowa, to execute a Quit Claim Deed to the South Half of vacated alley abutting Lot 2 of the Subdivision of Lots 45 and 46 in Julia L. Langworthy's Addition in the City of Dubuque. Iowa; to Sher- man T. Mayne and Catherine Mayne, husband and wife as joint tenants with right of survivorship, and not as tenants in common, pur- suant to an Ordinance adopted on May i, 1914, which reads as fol- lows: "Section 1. That the alley ex- tending from Nevada Street east- erly to a North and South alley and being between Langworthy Avenue and Solon Street in Julia L. Langworthy's Addition to the City of Dubuque, Iowa, be and the same is hereby vacated and an- nulled and the permanent use of the respective portions thereof adjoining the various lots shut- ting thereon is hereby granted to the owners and proprietors of said lots as contemplated by sta- tute in said cases"; and, Whereas, said Ordinance provides that it is to take effect on one pub- lication in the daily Telegraph and Times Journal; and Whereas, such publication was duly made on May 3, 1914; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, that the City of Dubuque by its duly auth- orized officers, being its Mayor and Clerk, execute a Quit Claim Dee conveying the South Half of va- cated alley abutting Lot 2 of th Subdivision of Lots 45 and 46 i Julia L. Langworthy's Addition it the City of Dubuque, Iowa; to th said Sherman T. Mayne and Cath erine Mayne, husband and wife, a. joint tenants with right of survivor ship and not as tenants in com- mon, and deliver said deed to the said record title owners and do any and all things necessary to give full force and effect to the Ordinance adopted as above referred to. Passed, adopted and approved this 30th day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUEI.MAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller,, Thompson, Van Duelman. Nays—None. Certificate of Library Tax Levy in the amount of $36,401.00 as the amount needed for Library pur- poses for the fiscal year beginning April 1, 1943, and ending March 21, 1944, presented and read. Councilman Thompson moved that the Certificate be referred to the Council for their consideration at the time the tax levies are being considered for the ensuing fiscal year. S e c o n d e d by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Certificate of Board of Dock Com- missioners Tax Levy in the amount of $29,800.00 as the amount needed for Dock purposes for the fiscal year 43, and ending eMarch g31, April1944, presented andand read. Councilman Thompson moved that the Certificate be referred to the Council for their consideration at the time the tax levies are being fiscal considered for the ensuing year. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Deed Nays—None. Certificate of Fire Pension Tax e Levy in the amount of $20,346.00 as n the amount needed for Fire aPension t purposes for the fiscal Y e r begin - ring April 1st, 1943, and ending March 31, 1944, presented and read. . that ttheilCertificate be referred eto 130 Special Session, J une 30th, 1942 the Council for their consideration at the time the tax levies are considered for the ensuing fiscal year. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Certificate of Fire Retirement Tax Levy in the amount of $2,550.00 as the amount needed for Fire Re- tirement purposes for the fiscal year 43, and ending eMa chgApril 31,1944, presented and read. Councilman Thompson m o v e d that the Certificate be referred to the Council for their consideration at the time the tax levies are being considered for the ensuing fiscal year. S e c o n d e d by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Certificate of Police Pension Tax Levy in the amount of $14,202.00 as the amount needed for Police Pen- sion purposes for the fiscal year be- ginning April 1, 1943, and ending March 31, 1944, presented and read. Councilman Thompson m o v e d that the Certificate be referred to the Council for their consideration at the time the tax levies are being considered for the ensuing fiscal year. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Certificate of Police Retirement Tax Levy in the amount of $1,675.00 as the amount needed for Police Re- tirement purposes for the fiscal year beginning April 1, 1943, and ending March 31, 1944, presented and read. Councilman Thompson m o v e d that the Certificate be referred to the Council for their consideration at the time the tax levies are being considered for the ensuing fisal year. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Ordinance No. 15-42. An Ordin- ance amending "Ordinance No. 10- 40" being "An Ordinance Regulat- ing the Use of Bicycles within the City of Dubuque, Iowa, Providing for the Registration thereof, and Providing a Penalty for Violation hereof" by requiring annual regis- tration, and by repealing any aul all ordinances or parts thereof in conflict herewith, said Or- dinance having been passed upon first and second readings on June 1 1942, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. Ordinance No. 18-42 An Ordinance amending "Ordin- ance No. 10-40" being "An Ordin- ance Regulating the Use of Bicycles Within the City of Dubuque, Iowa, Providing for the Registration thereof, and Providing a Penalty for Violation hereof" by requiring annual registration, and by repeal- ing any and all ordinances or parts thereof in conflict herewith. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Section 1 of Ordi- nance No. 10-40 is hereby amended by striking out all of Section 1 in said Ordinance and by inserting in lieu thereof, the following: "Section 1. Every person who owns and/or operates a bicycle within the limits of the City of Du- buque, Iowa, shall, during the month of July of each year, commencing with July, 1942, cause the ownership thereof to be registered at the of- fice of the Chief of Police of said City. Upon such registration the Chief of Police shall issue to such person a registration tag, plate or other means of identification. Said registration plate shall at all times be securely fastened to the bicycle for which it is issued so that the said plate shall be readable at a distance of at least seventy-five (75) feet from the rear thereof. That there shall be paid to the Chief of Police for said tag or plate when issued, twenty-five cents (25c)." . Section 2. That Section 4 of Ordi- nance No. 10-40 shall be amended by striking therefrom "ten cents (10c)" and by inserting in lieu thereof, "twenty-five cents (25c)." Section 3. That any and all Ordi- nances, or parts thereof, in conflict herewith are hereby repealed. Section 4. This Ordinance shall be in force and effect from and af- ter its final passage, adoption and approval by the City Council, and publication as by law provided. Passed upon first and second reading this 1st day of June, 1942. Passed, adopted and approved up- Special Session, June 30th, 1942 131 on final reading this 30th day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J• J. SHE Clerk. Published officially in The Tele- graph -Herald newspaper this 2nd day of July, 1942. 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Council Proceedings for the months of January, February and March, 1942, presented for approval. Councilman Murphy moved that the Council Proceedings for the months of January, February and March, 1942, be approved as print- ed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. made personal investigation in each case. Hereto attached you will find all assessments equalized by the Board. There being no further business for the Board to consider, they have taken final adjournment. Respectfully submitted, THOS. J. HILL, Chairman. JOHN H. WEIMER, J. M. CONLEY, Members, Board of Review. Attest: J. J. SHEA, Clerk, Board of Review. Councilman Van Duelman moved that the report of the Board of Re- view for the year 1942 be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Y e a s,— Councilmen Schueller 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 dur- ing the month of May, 1942, pre- sented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, June 3, 1942. 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 1942 beg to advise that it has completed its work after having been in session from the first Mon- day in May, 1942. We have had a number of complaints and have Nays—Councilman Murphy. Mayor Wharton not voting. Dubuque, Iowa, June 25, 1942. 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 15, 1942, for those seeking positions on the eligible list for appointment to positions on the Fire Department. The following are those who pass- ed the mental and physical exam- inations with the highest averages. All appointments for positions on the Fire Department should be made from this list. Name Average Melvin A. Vonah ..................... 85.75% Ed. J. Tracy ............................83.50% Paul E. Gleason ......................78:0% Julius A. Neyens 0..74.50% Cyril J. O'Brien .................... Newell Van Winkle..................71.25% Respectfully submitted, C. S. HARKER, Chairman. FRANCIS P. QUINN, M.D. EDWIN F. STRUEBER, Commissioners. J. J. SHEA, Clerk. Subscribed and sworn to before me this 26th daY of June, 1942. GERALDINE L. DEMKIER, Notary Public. Councilman Murphy moved that the report of the Civil Service Com- mission oreceived and made a in a t t e rof record. e Seconded by 132 . ;pecial Session, June 30th, 1942 Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Dubuque Iowa, June 25, 1942. To the Ronorable 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 on April 15, 1942, for those seeking positions on the elig- ible list for appointment to posi- tions on the Police Department. The following are those who pass- ed the mental and physical exam- inations with the highest averages. All appointments for positions on the Police Department should be made from this list. Name Average Harry M. Funk..........................86.00% Harold H. Hodges ....................81.00% Respectfully submitted, C. S. HARKER, Chairman. FRANCIS P. QUINN, M.D., EDWIN F. STRUEBER, Commissioners. J. J. SHEA, Clerk. Subscribed and sworn to before me this 26th day of June, 1942. GERALDINE L. DEMKIER, Notary Public. Councilman Murphy moved that the report of the Civil Service Com- mission be received and made a m a t t e r of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. June 10, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, also a list of claims and payrolls for which warrants were drawn during the month of May, 1942. 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 Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. June 19, 1942. To the Honorable A. A. Rhomberg and Members of the City Council. Dubuque, Iowa. Gentlemen: B e c a u s e of com- plaints as regards traffic conditions in certain places and, after due study and consideration, the fol- lowing recommendations are here- with submitted: That stop signs be erected at 9th and Iowa Streets to govern east and west traffic. That at the intersection of Loras and University Avenue the stop sign be changed to stop west bound traffic on Loras Boulevard. At Asbury and University a slow sign is suggested, and if a stop sign were used it should be erected to stop east bound traffic on Univer- sity. In spite of complaints of near accidents on this location, none have occurred. Since the changing of bus routes it is suggested that East 14th Street from Central Avenue to Elm be made a boulevard, and thence Elm Street from East 14th to East 20th Streets be also designated a boule- vard. The results of traffic checks are attached for your study. Respectfully yours, JOS. H. STRUB, Chief of Police. Councilman Van Duelman moved the recommendation of Chief of Police Strub be approved and the City Solicitor instructed to prepare the proper proceedings. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. In Re: CLAIM OF MRS. FRANK GENTHE. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim of Mrs. Frank Genthe, filed March 13, 1942, for $2,000.00 damages for personal injuries re- ceived by her on or about 8 P. m., February 13, 1942, in falling on a cross walk on 17th and Central Ave- nue which is alleged was in a dan- gerous and unsafe condition, upon investigation, I find she sustained serious injuries, a fracture of her right arm in two places; that she has incurred expense to the amount of about $250.00; that the condition of the cross walk was dangerous; Special Session, June 30th, 1942 133 that Bile will accept $200.00 in full i settlement of her claim. I recom- f mend be sum ofthe $200-00;ethat alwarrant issue payable to Mrs. Frank Genthe and P Peter W. Klauer, her attorney, t therefor and same be delivered up- on the receipt of a release from r Claimant. Yours respectfully, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicit- or KiAud torr be instructed approved draw and ha City warrant in the amount of $200.00 in favor of Mrs. Frank Genthe and Peter W. Klauer, her attorney, as settlement in full of the claim of Mrs. Frank Genthe, said warrant to be delivered upon the receipt of a release from the Claimant. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Van Duelman moved that the City Auditor be instructed to draw warrants in the amount of $200.00 each in favor of Thomas J. Hill, Jos. M. Conley and John H. Weimer for services rendered as members of the Board of Review and as provided in Budget Item 108- j. Seconded by Councilman Schuell- er. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 60--42 Resolution and application for au- thority to levy all emergency tax for the City of Dubuque. Whereas, the City Council of the City of Dubuque has made a com- pilation of the expenses which will be incurred during the fiscal year beginning April 1, 1943 and ending March 31, 1944 including the pay- ment of principal and interest up- on outstanding indebtedness, and tax levies for the various funds and purposes have been determined, and Whereas, A serious effort has been made to keep operating costs as low as is consistent with good government; and Whereas, In the past bonds have been issued in anticipation of some of the taxes embraced in the con- solidated tax levy and the revenues derived from such taxes are pledged to the payment of such bonds, as to principal and interest; and Whereas, Payment of $65,000.00 n principal, and of $8,900.00 in ntereat are to be made during the fiscal year beginning April 1, 1943 and ending March 31, 1944 from the unds embraced in the consolidated ax levy; and Whereas, The inadequacy of the evenues for ordinary purposes re- maining after the payment of such principal and interest constitutes an emergency which requires the levy of an emergency tax and this Coun- cil considers the levy of an emer- gency tax of five-eighths (%) mill to be absolutely necessary: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, that the State Comptrol- ler be and he is hereby requested to authorize and approve the levy of an emergency tax of five-eighths mill in the year 1942 to be approxi- mately $22,215.00, the same to be used in supplementing the funds re- quired for debt service and in the manner provided by law. The foregoing resolution was adopted at a special meeting of the City Council of the City of Du- buque on the 30th day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 61-42 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. Address Name Thompson & Bogan (F. W. Thompson), 55 Locust Street. George Nardin, 1105 University Avenue. 1399 Jackson Joseph J. Machinek, Street. Mrs. Bernice Galle, 241 Main Street. 1500 Central A J. G. Corbett,Av. enue. Louis Anthoine, 119 West Sixth Street. 134 Special Session, June 30th, 1942 George Deyoe, 469 Main Street. William Savary and Viola Sav- ary, 827 Dodge Street. Knights of Columbus, Council No. 510, 781 Locust Street. Dubuque Metal Trades Council Club, 290 West Fourth Street. Paul J. Meyer, 532 East 22nd Street. B. P. O. E. Lodge No. 297, Seventh and Locust Streets. Fraternal Order of Eagles No. 568, Sixth and Locust Streets. Hartig Drug Co., Inc., 97 Locust Street. Hartig Drug Co. Inc., 2376 Cen- tral Avenue. Hartig Drug Co. Inc., 730 Main Street. Mrs. Cora Eichhorn, 1171 Iowa Street. Anthony W. Moes and Edith Moes, 698 Central Avenue. The Great Atlantic & Pacific Tea Co., N. E. Corner Thirteenth and lowa Streets. John J. Baumgartner and John M. Baumgartner, 1543 Central Avenue. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Albert G. Peryon, 257 Eighth Av- enue. Morris Blum, 700 East Sixteenth Street. Joseph Amodeo, 2601 Jackson Street. Alford Finch, 1347 Central Av- enue. Page Hotel Company, 73-75 East Fourth Street. American Legion, Dubuque Post No. 6, 494 Main Street. United Cigar-Whelen Stores Cor- poration, 805 Main Street. Wm. Wagner, 1501 Rhomberg Avenue. Harry N. Gantert, 1301 Rhomberg Avenue. Thos. P. Sullivan, 620 So. Grand- view Avenue. Wm. C. Leik, 501 Rhomberg Av- enue. Carl A. Van Duelman, 590 Semin- ary Street. Klauer - Julien Hotel Company, Second and Main Streets. George Miller, 400 Central Av- enue. George J. Scherer, 1187 Iowa Street. John J. Stemm, 1298 Main Street. Daniel McDonald, 216 West First Street. Ray Nicks, 521 East Twenty-sec- ond Street. M. J. Ludwig, 1545 So. Grandview Avenue. John Hochberger, 1701 Asbury Street. Jacob Hedrick, 1236 Iowa Street. Leo A. Schwind Post No. 508, Vet- erans of Foreign Wars Club, 243 West Tenth Street. Frank J. Weber, 189 Locust Street. Walgreen Company, 813 Main Street. Arthur H. Eichman, 2119 Rhom- berg Avenue. Nicholas Steffen, 1369 Central Av- enue. Lester Wieser, 1944 Central Av. enue. Wm. F. Hansen, 310 East Thirti. eth Street. B. A. Ruegnitz, 629 Rhomberg Avenue. Peter Petrakis, 1401 Central Av- enue. Geo. C. Kruse and Dorothy Kruse Kiene, 2418 Central Avenue. Mike Sand and Marie Sand, 2498 Central Avenue. Leo V. Cunningham and J. M. Thompson, 263 West First Street. Irvin G. Hessel, 2678 Central Av- enue. Wm. E. Wodrich, 1101 Rhomberg Avenue. The Dubuque Club, Ninth and Main Streets. Hillis H. Helmer, 3203 Jackson Street. Wm. C. Tharp, 2403 Central Av- enue. Dominick Gala, 1563 Central Av- enue. Dr. Pepper Bowling Lanes Club, 880 Locust Street. Frank McLaughlin, 115 E. Twen- ty-second Street. Roshek Bros. Company, 700-798 Locust Street. Mae Keller and Ruth Keller Motz, S. W. Corner Fourth and Central Avenue. Merlin Apel, 1205 Cleveland Av- enue. J. F. Stampfer Company, 800 Main Street. George Stavros, 1564 Central Av- enue. George Ragatz, Jr., 1906 Central Avenue. Vincent J. Hogan, 231 West Sec- ond Street. Nick Kramer and Marie J. Kram- er, 2222 Central Avenue. Mrs. Cecelia Weber, 998 Central Avenue. Dubuque Lodge No. 355, Loyal Order of Moose, 1379 Central Av- enue. Nick Kintzinger, Eagle Point Park. Roberti. Quinlan and Evelyn Quinlan, 1091 White Street. Morris B. Flick, 5 Eighth Avenue. Special Session, June 30th, 1942 135 Mrs. Beatrice Winkler, 625 Cen- tral Avenue. Andrew Karigan, 720 Main Street. Andrew Karigan, 401 Central Av- enue. A. J. Ender, 2311 Windsor Aven- ue. A. J. Ender, 1703 Maple Street. Joseph J. Siege, Jr. and Ferdin- and W. Kenniker, 2401 Windsor Av- enue. Clarence C. Buelow, 1555 So. Grandview Avenue. E. P. Kretz, 598 Main Street. Gus L. Manternach, 1105 Loras Blvd. Arthur J. Eisenegger, 1105 Iowa Street. Dubuque Packing Company, Six- teenth and Sycamore Streets. Joseph J. Bertsch, 304-326 Main Street. Charles Petrakis, 1958 Central Avenue. Millard Poquette, 923 Main Street. Millard Poquette, 951 Main Street. Roy Ney, 2991 Central Avenue. Joseph C. Schneider, 2900 Central Avenue. Amy Haley, 815 W. Fifth Street. James M. Donahue, 576 Central Avenue. Union League Club, 400 Iowa Street. Norbert W. Brodeur, 1080 Uni- versity Avenue. Arthur J. Trapp, 1266 Central Avenue. Raymond J. Stoltz and George J. Zillig, 234 West Ninth Street. Harry Grode and Viola Grode, 1638 Central Avenue. Mrs. Anna Heiar, 1900 Washing- ton Street. A. R. Uppinghouse, 238-40 West Sixth Street. Theodore E. Anthony, 1179 Iowa Street. Charles Falkenhainer, 1097 Uni- versity Avenue. Mrs. N. B. Joseph, 120 West First Street. John Beck, 1501 Central Avenue. Gus Henkel, 1046 Central Avenue. Wm. Maas, 1401 Elm Street. Leonard Schuster, 2656 Lincoln Avenue. William F. Potterveld and F. C. Potterveld, 1687 Delhi Street. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. Vincent Duffy and Steve Cole, 378 Main Street. Eugene McCann, 802 Iowa Street. Triangle Cafe, 926 Main Street. Hollywood Grille, 500 Main Street. Roy Wright, 2600 Central Av- enue. Harry J. Jacquinot, 1850 Central Avenue. Diamonds Grill, Inc., 900.910 Main Street. Theodore T. Kies, 1362 Central Avenue. Kermit Meyers and Thomas Lilly, 714 Main Street. Edmund N. Manders, 1001 Rhom- berg Avenue. Mrs. Ethel Barrett and Charles Barrett, 2401 Jackson Street. M. B. Olansky, 630 Locust Street. Charles R. Nelson, 431 Rhomberg Avenue. Mrs. M. L. Harwood, 1875 Univer- sity Avenue. L. A. Freymann and S. P. Wright, 332 Eighth Avenue. Charles T. Snyder, 543 Eighth Avenue. Charles Pochter, 342 Eighth Av- enue. R. D. Hughes and R. D. Hughes, Jr., 1006 Central Avenue. The Service Club, 9511/2 Main Street. Ray Irwin, 101 Main Street. Mrs. Rosemary Hird, 2220 Uni- versity Avenue. Richard Hogan, 1804 Central Av- enue. Henry Jansen and Lucille Jansen, 55 East Seventh Street. Wm. Horne, 400 Rhomberg Aven- ue. Leo Link, 1487 Central Avenue. Dell Warren and Ralph Warren, 1700 Central Avenue. Bert Zelens, 401 Main Street. Ann Haley Hoppman, 623 Main Street. Elmer Eppler, 504 Central Av- enue. M. L. Harwood, 2117 University Avenue. William E. Briggs, 127 West Sixth Street. Hubert M. Fischbach and Ethel Fischbach, 1255 Central Avenue. Joseph J. Ott, Jr., 2003 Washing- ton Street. Frank Reis, 509 Eighth Avenue. John Luber, 2417 Rhomberg Av- enue. J. L. Spielman, 601 Rhomberg Avenue. B. L. Baumhover, 1040 University Avenue. Elmer Gordon, 2026 Central Av. enue. Callahan Carr, 305 Eighth Aven- ue. Wm. J. Clesen, 1097 Jackson Street. Steve Koleopulos, 493 Main Street. Phillip Mihalakis, 1698 Maple Street. Arthur Pins, 408 West Locust Street. 136 Special Session, June 30th, 1942 Fred H. Cooper and Frank A. Lambe, 250 West Sixth Street. Anton Fortman, 253 Main Street. Luxemburg Club of Dubuque, 1862 Central Avenue. Mrs. Margaret Clancy, 336 Main Street. Timothy O'Regan, 1052 Univer- sity Avenue. John Schaetzle, 2162 Central Av- enue. Dale Duncan, 155 West Eleventh Street. Louise M. Haas, 2510 Central Av- enue. Henry C. Braun, 1415 Rhomberg Avenue. Robert McFarlane, 1798 Central Avenue. Arthur Herber, 2319 Prince Street. Harold Casey, 6 5 5 Seminary Street. Jack Solomon, 551 Main Street. E. E. MacDonald, 2922 Central Avenue. George T. Vrotsos and Spires D. Coven, 605 Main Street. Hubert J. Kress, 1382 Central Avenue. Paul Crawford, 2774-76 Jackson Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 30th day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Reso:ution No. 62-42 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 follow- ing applications be and the same are hereby approved, and it is or- dered that the premises to be occu- pied by such applicants shall be forthwith inspected. CLASS "B" PERMIT" Name Address Melita Chase and Kathleen Dahl (Transfer of address from 1322 Central Avenue), 1643 Central Ave- nue. Arthur Herber and Theresa Her- ber, 2319 Prince Street. Klauer-Julien Hotel Co., Second and Main Streets. Anthony M. Moes and Edith Moes, 698 Central Avenue. Vernon Pauley, 2364 Washington Street. Albert M. Meyer, 130 Eighth Avenue. William Savary and Viola Savary, 827 Dodge Street. Frank J. Weber and Tillie Weber, 189 Locust Street. Mrs. Bernice Galle, 241 Main Street. Joseph J. Machinek, 1399 Jackson Street. Frank H. Berntgen, 2186 Central Avenue. Leo V. Cunningham and John M. Thompson, 263 West First Street. George J. Scherer and E m m a Scherer, 1187 Iowa Street. John Stieber and Elsie Stieber, 3165 Central Avenue. Leo A. Schwind Post, No. 508, Veterans of Foreign Wars, Inc., 243 West Tenth street. The American Legion, Dubuque Post No. 6, 498 Main Street. Fraternal Order of Eagles, Aerie No. 668, 6th and Locust Streets. B.P.O.E., Dubuque Lodge No. 297, N.W. corner 7th and Locust Streets. Mike Sand and Marie Sand, 2495 Central Avenue. Timothy O'Regan and L o u i s e O'Regan, 1052 University Avenue. Daniel McDonald and Loretta Mc- Donald, 216 West First Street. Thomas R. Peed and Kathryn Peed, 236 West 7th Street. John Stemm and Alberta Stemm, 1298 Main Street. Louis A. Wright and Raymond P. Wright, 1828 Central Avenue. William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue. The Dubuque Club, 9th and Main Streets. John D. Flynn and Gussie Flynn, 450 West Locust Street. Dominick Gala and Alice Gala, 1563 Central Avenue. Nick Weber and Cecelia Weber, 998 Central Avenue. Robert J. Quinlan and Evelyn Quinlan, 1091 White Street. Albert J. Vogelsberg, 29 Eighth Avenue. Frank McLaughlin, 115 East 22nd Street. Hillis H. Helmer and Florence S. Helmer, 3203 Jackson Street. Nicholas Steffen and Beatrice Steffen, 1369 Central Avenue. Walter Mengis and Mathilda Mengis, 1618 Central Avenue. Special Session, June 30th, 1942 137 George Kanavas, 1689 Elm Street. John S. Mayerle and Florence Mayerle, 116 West 6th Street. Andrew D. Karigan and Violet Karigan, 720 Main Street. Michael B. Schnee and Sophie Schnee, 37 Eighth Avenue. Jos. J. Bertsch and A. J. Bernt- gen, 304-310 Main Street. Roy Ney, 2991 Central Avenue. Millard Poquette and Lucille Po- quette, 951 Main Street. James M. Donahue, 576 Central Avenue. Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Ave- nue. Norbert W Brodeur and Cath- erine Brodeur, 1080 University Avenue. Theodore E. Anthony and Lillian B. Anthony, 1179 Iowa Street. Raymond J. Stoltz and George J. Zillig, 234 West 9th Street. H. A. Rawson and Grace Raw- son, 342 Main Street. Fraternal Order of Orioles, Lodge No. 11, 16th and Central Avenue. Chris Capretz and Wm. Lembke, 2595 Rhomberg Avenue. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. Harvey L. Spielman, 185 Main Street. Lloyd and Frances Bowman, 2108 Central Avenue. Wm. Maas and Elizabeth Maas, 1401 Elm Street. Nick Wathier and Marie A. Wa- thier, 678 Central Avenue. Fred H. Cooper and Frank A. Lambe, 250 West Sixth Street. William W. Cosley and Maggie Cosley, 1121 University Avenue. William Horne and Mary Horne, 400 Rhomberg Avenue. Elmer Eppler and Eileen Eppler, 504 Central Avenue. Charles T. Snyder and Elsie Sny- der, 543 Eighth Avenue. The Service Club, 951% Main Street. Charles S. Dugan and May E. Dugan, 390 East Twelfth Street. Frank Sand and Elsie Sand, 103 East 22nd Street. R. D. Hughes and R. D. Hughes, Jr. 1006 Central Avenue. Wm. Carl Wallig, 1736 Central Avenue. S t e v e Koleopulos, 493 Main Street. Charles Pochter and Ruth Poch - ter, 342 Eighth Avenue. Anton Fortman, 253 Main Street. Frank Klein and Anna Klein, 600 Central Avenue. Hubert J. Kress and Mary Kress, 1382 Central Avenue. CLASS "C" PERMIT Roshek Brothers Company, 700- 798 Locust Street. Arthur W. Pins, 408 West Locust Street. Jos. Amodeo, 2601 J a c k s o n Street. Passed, adopted and approved this 30th day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 63-42 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits and they have 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 ofohis City and the have filed a proper 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 Melita Chase and Kathleen Dahl (Transfer of sCent al Avenue. Cen- tral Avenue),, 643 Arthur Herber and Theresa Her- ber, 2319 Prince Street. Klauer-Julien Hotel Co., Second and Main Streets. Anthony W. Moes and Edith Moes, 698 Central Avenue. Washiugton Vernon Pauley, 2364 Street. Albert M. Meyer, 130 Eighth Avenue. William Savary and Viola Savary, 827 Dodge Street. Frank J. Weber and Tillie Weber, 189 Locust Street. Mrs. Bernice Galls, 241 Main Street. 1399 Jackson Joseph J. Machinek, Street. Frani: H. Berntgen, 2186 Central Avenue. Leo V. Cunningham and John • Thompson, 263 West First Street. 138 Special Session, June 30th, 1942 George J. Scherer and Emma Scherer, 1187 Iowa Street. John Stieber and Elsie Stieber, 3165 Central Avenue. Leo A. Schwind Post, No. 508, Veterans of Foreign Wars, Inc., 243 West Tenth Street. The American Legion, Dubuque Post No. 6, 498 Main Street. Fraternal Order of Eagles, Aerie No. 568, 6th and Locust Streets. B.P.O.E., Dubuque Lodge No. 297, N.W. corner 7th and Locust streets. Mike Sand and Marie Sand, 2498 Central Avenue. Timothy O'Regan and Louise O'Regan, 1052 University Avenue. Daniel McDonald and Loretta Mc- Donald, 216 West First Street. Thomas R. Peed and Kathryn Peed, 236 West Seventh Street. John Stemm and Alberta Stemm, 1298 Main Street. Louis A. Wright and Raymond P. Wright, 1828 Central Avenue. William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue. The Dubuque Club, 9th and Main Streets. John D. Flynn and Gussie Flynn, 450 West Locust Street. Dominick Gala and Alice Gala, 1563 Central Avenue. Nick Weber and Cecelia Weber, 998 Central Avenue. Robert J. Quinlan and Evelyn Quinlan, 1091 White Street. Albert J. Vogelsberg, 29 Eighth Avenue. Frank McLaughlin, 115 East 22nd Street. Hillis H. Helmer and Florence S. Helmer, 3203 Jackson Street. Nicholas Steffen and Beatrice Steffen, 1369 Central Avenue. Walter Mengis and Mathilda Men- gis, 1618 Central Avenue. George Kanavas, 1689 Elm Street. John S. Mayerle and Florence Ma- yerle, 116 West Sixth Street. Andrew D. Karigan and Violet Karigan, 720 Main Street. Michael B. Schnee and Sophie Schnee, 37 Eighth Avenue. Jos. J. Bertsch and A. J. Bernt- gen, 304-310 Main Street. Roy Ney, 2991 Central Avenue. Millard Poquette and Lucille Po- quette, 951 Main Street. James M. Donahue, 576 Central Avenue. Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Ave- nue. Norbet W. Brodeur and Catherine Brodeur, 1080 University Avenue. Theodore E. Anthony and Lillian B. Anthony, 1179 Iowa Street. Raymond J. Stoltz and George J. Zillig, 234 West Ninth Street. H. A. Rawson and Grace Rawson, 342 Main Street. Fraternal Order of Orioles, Lodge No. 11, 16th and Central Avenue. Chris Capretz and Wm. Lembke, 2695 Rhomberg Avenue. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. Harvey L. Spielman, 185 Main Street. Lloyd and Frances Bowman, 2108 Central Avenue. Wm. Maas and Elizabeth Maas, 1401 Elm Street. Nick Wathier and Marie A. Wa- thier, 678 Central Avenue. Fred H. Cooper and Frank A. Lambe, 250 West Sixth Street. William W. Cosley and Maggie Cosley, 1121 University Avenue. William Horne and Mary Horne, 400 Rhomberg Avenue. Elmer Eppler and Eileen Eppler, 504 Central Avenue. Charles T. Snyder and Elsie Sny- der, 543 Eighth Avenue. The S e r v i c e Club, 951V2 Main Street. Charles S. Dugan and May E. Dugan, 390 East Twelfth Street. Frank Sand and Elsie Sand, 103 East 22nd Street. R. D. Hughes and R. D. Hughes, Jr., 1006 Central Avenue. Wm. Carl Wallig, 1736 Central Avenue. S t e v e Koleopulos, 493 Main Street. Charles Pochter and Ruth Poch - ter, 342 Eighth Avenue. Anton Fortman, 253 Main Street. Frank Klein and Anna Klein, 600 Central Avenue. Hubert J. Kress and Mary Kress, 1382 Central Avenue. CLASS "C" PERMIT Roshek Brothers Company, 700- 798 Locust Street. Arthur W. Pins, 408 West Locust Street. Jos. Amodeo, 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 30th day of June, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- Special Session, June 30th, 1942 139 men Murphy, Schueller, Thompson, Van Duelman. Nays—none. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Teas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, City ClleK942. . Approved :RT D... A,�Adopted A?p�"-S..1942. Councilmen: ��/!j',rtt/�lll..Klf��n/.CJ , �J ............. Attest: ...... ..... .. . r Cit. Clerk. Regular Session, July 6th, 1942 141 Yeas—Mayor Wharton Council- men Murphy, Schueller, Thompson, Cfty Council Van Duelman. (Official.) Regular Session, July 6th, 1942. Council met at 7:30 P. M. Present — Councilmen Murphy, Schueller, Thompson, Van Duel - man, City Manager Rhomberg. Absent—Mayor Wharton. Councilman Murphy moved that Councilman Van Duelman be ap- pointed Mayor Pro Tem of the meeting. Seconded by Coucilman Thompson. Carried by the following vote: Yeas — Councilmen M u r p li y, Schueller, 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 Thompson m o v e d that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wish. es to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Pro Tem Van Duel - man, Councilmen Murphy, Schuell- er, Thompson. Nays—None. Absent—Mayor Wharton. Mrs. Haupert et al., property owners and residents in the vicin- ity of the Rock Wool Plant, address- ed the Council requesting that some action be taken to abate the nuis- ance caused by the odors and dirt coming from the Rock Wool Plant and also to eliminate the odors from the Dubuque Packing Company plant. Mayor Wharton entered the Coun- cil Chamber at 8:15 P. M. and took the Mayor's chair. Certificate of D u b u q u e Park Board Tax Levy in the amount of $25,464.53 as the amount needed for Park Board purposes for the fiscal year beginning April 1, 1943, and ending March 31, 1944, presented and read. Councilman Thompson m o v e d that the Certificate be referred to the Council for their consideration at the time the tax levies are being considered for the ensuing year. Seconded by Councilman Schueller. Carried by the following vote: Nays—None. Communication of L. E. Wil. bricht, submitting offer in the amount of $30.00 for the purchase of Lot 12 of J. P. Porter's Addition. presented and read. Councilman Thompson m o v e d that the offer be accepted and the. City Solicitor instructed to prepare a Quit Claim Deed for the convey- ance of said lot. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of A. J. Stolteben re- questing Council to view the condi- tion of the alley first south of Dodge Street and running east from South Grandview Avenue, presented and read. Councilman Schueller 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 Mui phy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Jay McCabe request. ing a refund on his Class "B" Beer Permit No. 125, as he is discon- tinuing business on June 20, 1942, 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 Jay McCabe to cover the amount of refund granted on the un- expired portion of his Class "B" Beer Permit No. 125. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Dubuque Saf- ety Council urging Council to auth- orize City bl a n a g e r Rhomberg, Chief of Police Strub and Police attendJudge Fautsch to the Na, t onal Safety Congressto beheld in Chicago on October 6, 7 and 8, 1942, presented and read. Councilman Murphy moved that the communication be referred to the Council Counc lmanconsideration. Schueller. Sec- onded by Carried by the following vote: Yeas—Mayo' Wharton, Council- 142 Regular Session, July 6th, 1942 men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Dubuque Saf- ety Council recommending and re- questing Council to acquire the nec- essary property to eliminate the protruding corner and correct the curve at the intersection of West 5th and Hill Streets, presented and read. Councilman Schueller 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Iowa S t a t e Commerce Commission, Des Moines, Iowa, relative to the application of the City of Dubuque for an order requiring a watchman at the East 29th Street crossing in the City of Dubuque, Iowa, presented and read. Councilman Schueller moved that the communication be received and placed on file and the City Solicitor instructed to proceed with the hold- ing of a hearing upon the same. Seconded by Councilman Van Duel - man. ' Carried by the following vote: Yeas—Mayor Wharton, Council- :uen Murphy, Schueller, Thompson, Van Duelman. Nays—None. Council Proceedings for the month of April, 1942, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month. of April, 1942, be ap- proved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 60-42 Resolution and application for authority to levy an emergency tax for the City of Dubuque. Whereas, the City Council of the City of Dubuque has made a com- pilation of the expenses which will be incurred during the fiscal year beginning April 1, 1943, and ending March, 31, 1944, including the pay- ment of principal and interest up- on outstanding indebtedness, and tax levies for the various funds and Purposes have been determined, and Whereas, a serious effort has been made to keep operating costs as low as is consistent with good govern. ment; and Whereas, In the past bonds have been issued in anticipation of some of the taxes embraced in the con- solidated tax levy and the revenues derived from such taxes are pledged to the payment of such bonds, as to principal and interest; and Whereas, Payments of $65,000.00 in principal, and of $8,900.00 in in- terest are to be made during the fiscal year beginning April 1, 1943 and ending March 31, 1944, from the funds embraced in the consolidated tax levy; and Whereas, The inadequacy of the revenues for ordinary purposes re- maining after the payment of such principal and interest constitutes an emergency which requires the levy of an emergency tax and this Coun- cil considers the levy of an emerg- ency tax of five-eighths (°lea) mill to be absolutely necessary; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, that the State Comptroller be and he is here- by requested to authorize and ap- prove the levy of an emergency tax of five-eighths mill in the year 1942 to be approximately $22,215.00, the same to be used in supplementing the funds required for debt service and in the manner provided by law. The foregoing resolution was adopted at a special meeting of the City Council of the City of Dubuque on the 30TH day of JUNE, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, CEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. The above resolution and applica- tion having been filed with the State Comptroller, the levy request- ed is approved this 2nd day of July, 1942. C. FRED PORTER, State Comptroller. Councilman Thompson m o v e d that the approval of C. Fred Porter, State Comptroller, be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. July 1, 1942. In re: THE CLAIM OF NORMAN J. ICORMANN. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim of Norman J. Kormann Regular Session, July 6th, 1942 143 for damages in the amount of $4.75 caused to his car when the same ran into a claimed defective curb- stone at the corner of Central and Lincoln Avenues. I recommend that the claim be allowed, that warrant issue for $4.75 and the same be de- livered upon delivery to the City of proper release. JOHN J. KINTZINGER, City Solicitor. vestigation and report, I wish to call the attention of the Council to Chapter 343 of the 1939 Code of Iowa and'the following parts there. of which covers the actions of the Board of Review. 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 $4.75 in favor of Norman J. Kor- mann as settlement in full of his claim and that said warrant be de- livered upon receipt of a proper re- lease. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy. Schueller, Thompson, Van Duelman. Nays—None. May 19, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the communication addressed to the Council on March 12, 1942, offering to pay $25.00 for the cancellation and release of certain assessments made against Lot 1 of Lot 2 of Lot 2 of Lot 2 of the Subdivision of Lots 2, 3, 4, and Lot 1 of 5, of the Subdivision of Mineral Lot 307A, in the City of Dubuque, Dubuque County, Iowa, for the pavement of Roosevelt Street in 1929 for $818.96. I am of the opinion that this offer should be accepted and the Special Assessment against said Property should be released and cancelled. 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 $1.238.05 on the Improvement Fund to cover the deficiency on the un- paid assessments. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. July 2, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the report of the Board of Review referred to the undersigned for in- "7129 Local Board of Review .... The Board shall meet on the first Monday of April, at the office of the township, city or town clerk or recorder, and sit from day to day until its duties are completed, which shall be not later than the first day of May, and shall adjust assessments for the township, city or town by raising or lower- ing the assessment of any person, partnership, corporation, or asso- ciation as to any or all of the items of his assessment in such manner as to secure the assess- ment of property at its taxable value, and shall also add to the assessment rolls any taxable property not included therein, as- sessing the same in the name of the owner thereof, as the assess- or should have done; 7129.1 Revaluation and Reassess- ment of Real Estate ... The deci- sion of the local Board as to the foregoing matters shall be sub- ject to appeal to the district court within the same time and in the same manner as provided in sec- tion 7133. 7130 Clerk — Assessment Corec. tion. The clerk or recorder of the township, city or town, as the case may be, shall be clerk of the board of review and keep a rec- ord of its proceedings, and the assessor shall be present at its meeting and make upon the as- sessment rolls all corrections or additions directed by the Board. At such meetings it shall be the duty of the assessor to read each and every taxpayer's name and assessment on the assessment rolls, and, if the assessment is approved, pass to the next name. After checking the same, the Board shall then take up the un- checked names in alphabetical order, and raise or lower the same as in their opinion will be assthe same g off each is taxpayer is adjusted. 7131 N o t i c e of Assessments Raised. In case the value of any specific property or the entire as- sessment of any person, partner- ship, corporation, or association is raised, or new property is add. ed by the Board, the clerk shall give immediate notice thereof by mail to each ah ressshown on theoassesssmen dt 144 Regular Session, July 6th, 1942 rolls, and at the conclusion of the action of the Board therein the clerk shall post an alphabetical list of those whose assessments are thus raised and added, in a conspicuous place in the office or place of meeting of the Board, and enter upon the records a state- ment that such posting has been made, which entry shall be con- clusive of the giving of the no- tice required. The Board shall hold an adjourned meeting with at least five days intervening af- ter the posting of said notices, before final action with reference to the raising of assessments or the adding of property to the rolls is taken, and the posted notices shall state the time and place of holding such adjourned meeting, which time and place shall also be stated in the proceedings of the Board." Provision is made in the statute with reference to appeals by any dissatisfied parties. "7133 Appeal. Appeals may be taken from the a c t i o n of the B o a r d with reference to such complaints to the district court of the county in which such Board holds its sessions, within twenty days after its adjournment. Ap- peals shall be taken by a written notice to that effect to the chair- man or presiding officer of the re- viewing board, and served as an original notice. 7135 Appeal on Behalf of Public. Any officer of a county, city, town, township or school district inter- ested or a taxpayer thereof may in like manner make complaint before said board of review in re- spect to the assessment of any property in the township, city or town and an appeal from the ac- tion of the board of review in fix- ing the amount of assessment on any property concerning which such complaint is made, may be taken by any of such afore- mentioned officers. Such appeal is in addition to the appeal allowed to the p e r s o n whose property is assessed and shall be taken in the name of the county, city, town, township, or school district interested and tried in the same manner, except that the notice of appeal shall al- so be served upon the owner of the property concerning w h i c h the complaint is made and af- fected thereby or person required to return said property for assess- ment." And it is further provided: "7134 Trial on Appeal. The court shall hear the appeal in equity and determine anew all questions arising before the Board which relate to the liability of the prop- erty to assessment or the amount thereof, and its decision shall be certified by the clerk of the court to the county auditor, who shall correct the assessment books in his office accordingly." I am unable to find any provision of the statute requiring the Board of Review to file a report with the City. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the report of City Solicitor Kintzinger be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. July 6, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 30th, the petition of the Dubuque Seed Com- pany requesting permission to add 15 feet of length to their loading platform in the alley in the rear of 169-171 Iowa Street was referred to the Council to view the grounds. The Council viewed the grounds on July 4th and decided that the re- quest be granted by ordinance sub- ject to the usual regulations. I rec- ommend that the a c t i o n 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 in- structed to prepare a proper ordin- ance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson. Van Dublman. Nays—None. July 6, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 30th, the petition of Carl Scheufele, 954 The- resa Street, requesting the Council to view the condition of Esther Street as said street is in a very Regular Session, July 6th, 1942 144 bad state of repair was referred to City Council held June 30th, the the Council to view the grounds. petition of Dubuque Packing Com - The Council viewed the grounds improvements any requesting permission to make on July 4th and decided that Esther the and alterations in alley between Maple Street Street be put in passable condition. vacated and Cedar Street from 16th to I recommend that the decision of lith Council be confirmed. Sheets was referred to the the Council Respectfully submitted, to view the grounds. A. A. RHOMBERG, The Council viewed the remises p City Manager. on July 4th and concluded that the plan of the Dubuque Packing Com - Councilman Murphy moved that pany would depress the alley to the recommendation of City Man- such an extent so as to interfere ager Rhomberg be approved and with the access to lots on the west - the decision of the Council con- erly side of the alley. It was de. firmed. Seconded by Councilman tided that a modified request of the Van Duelman. Caried by the fol- Dubuque Packing Company provid- lowing vote: ing for a higher alley grade with Yeas—Mayor Wharton, Council- areaways along the basement win - men Murphy, Schueller, Thompson, dows would be given favorable Van Duelman. consideration. Respectfully submitted, Nays—None. July 6, 1942. A. A. RHOMBERG, the Honorable Mayor and City Manager. City Council, Dubuque, Iowa. Councilman Schueller moved that Gentlemen: At the session of the the decision of the Council be con - firmed. Seconded by Councilman City Council held June lst, the mat- Van Duelman. Carried by the fol - ter of improving and draining Gan- lowing vote: dolfo Street from Dodge to St. Jo Dodge Street from South Al- yeas— Jlayor Wharton, Council gona to Collins, St. Joseph Street Bona men Murphy, Schueller, Thompson, from South Algona to Gandolfo and Van Duelman. the matter of taking care of the Nuys—None. storm water in the alley between July 6, 1942. Gandolfo and South Algona Streets To the Honorable Mayor and from Dodge to St. Joseph was re- City Council, Dubuque, Iowa. ferred to the Concil to view the Gentlemen: At the session of the grounds. City Council held May 4th com- The Council viewed the streets plaints were received from persons and the alley on July 4th and de- living in the vicinity of Kniest and tided that the several streets be Elm Streets from Garfield Avenue to 22nd Street concerning the odors graded according to the established grades and that arrangements for and gases coming from the Bee the payment of constructing curb Branch Storm Sewer, and the City Manager was instructed to confer and gutter and of surfacing be with the officials of the Dubuque worked out with the property own- the Packing Company for the purpose ers. It was decided to order proper grade established for the al- of arriving at a solution to the ley in order to take care of the storm water. I recommend that the problem. Investigation of the complaints decisions of the Council be con- indicate that the odors and gases from the Bee Branch Sewer orig- firmed. Respectfully submitted, inate from the packing house A. A. RHOMBERG, wastes introduced in the sewer and City Manager. emanate from the storm sewer op - Councilman Schueller moved that enings. This condition is aggra- Fated during the periods of high riv- the recommendation of City Man- er stages and particularly when ager Rhomberg be approved and easterly winds blow into the open the decisions of the Council con- end of the storm sewer at East Four. firmed. Seconded by Councilman teenth Sheet, thus carrying the od- Murphy. Carried by the following ors and gases to the points when vote: it causes a nuisance to the petition- Yeas—Mayor Wharton, Council- ers. Several conference have been men Murphy, Schueller, Thompson, had with the officials of the Du - Van Duelman. buque Packing Company with a Nays—None. view to correcting the condition at July 6, 1942. its source. It appears the Problem coin, re. the Honorable Mayor and plete solution p the treatment of the City Council, Dubuque, Iowa. Gentlemen: At the session of the quires either packing house waste, so that only 146 Regular Session, July 6th, 1942 innocuous effluent be admitted to the storm sewer or that a connec- tion with the sanitary sewer sys- tem be provided on East 16th Street possibly tsettling he packing plant. basinsat The condition complained of by the petitioners is of a nuisance na- ture and every effort should be made to abate it. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Schueller moved that the report of City Manager Rhom- berg be received and made a mat- ter of record. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. July 6, 1942. 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: EXCAVATION Key City Gas Company, 669 Main Street; Bond No. 735673, The Fidel- ity & Casualty Co. Linehan & Molo, 135 West Fifth Street, Bond No. 12-583-38, U. S. Fi- delity & Guaranty Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 64-42 RESOLUTION AND APPLICA- TION FOR PERMANENT TRANSFER OF FUNDS. Whereas, the delinquency in tax Payments in the fiscal years 1935- 1936 and 1936-1937 caused the City of Dubuque to issue stamped war- rants upon which judgments were rendered against the City and said Judgments were satisfied by issuing general obligation bonds dated May 1. 1936, and June 1, 1937; and Whereas, Fire Department Main. tenance Fund Warrants in the amounts of $12,469.72 in the year 1935-1936 and of $11,522.51 in the Year 1936-1937 were included in these funding operations; and Whereas, the repayment of the delinquent tax collections credited to the Fire Department Mainten. ance Fund will obviate an increase in the tax levy necessary to pay general obligation bonds; and Whereas, there is now in the hands of the City Treasurer and credited to the Fire Department Maintenance Fund the sum of $64.261.65, of which $24,022.23 is available for transfer to the Bond- ed Debt Fund for debt service; and Whereas, before such transfer can be made, 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 Fire Department Maintenance Fund the sum of $24,022.23 to the Bonded Debt Fund and the State Comp- troller is hereby petitioned to auth- orize and approve such transfer; and Be It Further Resolved that up- on the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his records ac. cordingly and to notify the Treas- urer of such transfer, and such no- tifleation shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed, adopt- ed and approved by unanimous ac- tion of the City Council on the 6th day of July, 1942, and all members thereof signed their names thereto. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy m o v e d the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays --None. Ordinance No. 19-42. An Ordin- ance amending Ordinance No. 10- 37, 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;" by making cer- tain streets stop intersections and by making certain other streets bou'evards, presented and read. • y. Regular Session, July 6th, 1942 147 Councilman Thompson m o v e d 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Thompson m o v e d that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. The Ordinance was then read a second time. Councilman Thompson moved that the reading just had be consid. ered the second reading of the Or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 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 Murphy. Carried by the following vote: Yeas—;Mayor Wharton, Council- men Murphy. Schueller, 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—DIayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, �]Cn_ oC,it_y Clerk. Approved //l7+v�►w+�+°-•lf�i•fi•2. A � � �.►�'7--Irl �- Councilmen: Attest: .... �ft­ •A-••• C tv Clerk. 148 Special Session, July 21, 1942 City Council (Official.) Special Session, July 21, 1942. Council met at 7:30 P. M. Present -Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomber•g. Meeting called by order of Coun- cilmen Thompson and Van Duel - man. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of approving the budget estimate of expenditures for the fiscal year beginning April 1, 1943, and ending March 31, 1944, as a basis for the tax levy for the year 1942, the same to be collected in the year 1943, and directing the City Clerk to publish a notice of the date of public heating upon the same and acting on any other busi- ness as may properly come before a regular meeting of the City Council. BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE -The CItY Council of Dubuque of Dubuque County, Iowa, will meet August 15th, 1942 at 2:00 P. M. at the City Hall. Taxpayers will be heard for or against the following estimate of ex- penditures for the year beginning April 1, 1943. A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearing. 8-4-1t. .1. J. SHEA, City Clerk. General ...................$ Grading .... _.......... EXPENDITURES FOR YEAR $ 259,302 $_.. _._ ; 73,500) v W ,-I N 46,812 38,900 47.600 12,000 12,500 16,900) 25,100) 248,802 ....................... Light ..................... 2,101 39.556 2,930 36,917 5,700 36.800 _ ! i.m dd :� a+ !E,- „ a .r ` v Ka Z c ° o °ndE7 Eru_CSQ4 Garbage 175,550 20,000 r4 Disposal ......_ Snow Removal 16,803 5,630 General ...................$ Grading .... _.......... 282,042 47,920 $255,244 25,570 $ 259,302 $_.. _._ ; 73,500) Improvement ... Sewer 67,763 46,812 38,900 47.600 12,000 12,500 16,900) 25,100) 248,802 ....................... Light ..................... 2,101 39.556 2,930 36,917 5,700 36.800 _ Consoridated Tax Waterworks ... ........_..._. 143.567 152,067 ; 388,802 $24,500 $115,500 $248,802 Garbage 175,550 20,000 165,550 Disposal ......_ Snow Removal 16,803 5,630 13,944 5,477 17.772 - --_ .._._ 17,772 Fire Mainten_ 6,291 __ _..._ ..... 6,,291 ance ................ N`Ire Equip- 103,558 110,234 126112 , _... 125,112 ment ....... _......... Road, (Agri. 86U1'2.476 ........ 12,476 Land) ........... Main Sewer 105 16,343 102 17,291 92 _.._ ...__ 92 Library _......... Park 29,383 21,658 30,690 1'3,115 33,093 " " 2,000 13,115 31,093 Playground .. 14,537 23,349 15,301 25,465 50 2,500 750 22,215 Dock Operation Firemen's Pen- 31,128 22,431 15'794 29,810 4.000 3,075 8,500 12,724 17,310 sion............_.._.... Firemen's Be-tirement 19,091 19,276 20,359 1,000 800 18,559 .......... Policemen's 1,690 5.393 2,559 _ _ _ 2,559 Pension ......... Policemen's 11,722 11,791 14,223 2,000 600 11,623 Retirement Emergency ......... 597 33,518 3,708 - - -- 1,706 Dock Bonds ..... 34,355 36,988 39,753 22,216 -__ General Bond. 108,743 82,085 37,046 76,667 2,000 35.046 TOTALS .........;1,032,720 $957,353 Estimated Taxes per $1,000.00 - _�.. .._ - $286'775 76,667 $675,372 Taxable valuation (1941) of assessed value ;18. 00 Moneys and credits (1941) Moneys _..... ""`-` - --_._ __-.. $34,667,808 and credits (1941) -""- $ 8,758,084 ------ ._._.2 Mills _. __. 206,895 Special Sessions, July 21, 19.12 149 Resolution No. 65-42 Councilman Van Duelman moved Whereas, 'lase Council of the City that the rules be suspended for the of Dubuque has duly considered and purpose of allowing any one present in the Council Chamber, who wish- caused to be prepared the budget of expenditures for the fis es to do so, to address the Council. estimate cal year beginning April 1, 1943, and Seconded by Councilman Schueller. Carried by the following vote: ending March 31, 1944, as a basis tthe tax levy for the year 1 eas—Mayor Wharton, Council - ear the same to be collected the year men Murphy, Schueller, Thompson, 1943, and said budget having been Van Duelman. duly approved by it; Now, There- Nays—None. fore, Nh. Carl Launspach addressed Be It Resolved by the City Coun- the Council in support of his peti- the City of Dubuque that said tion. cil of budget estimate be and the same Councilman Murphy moved that is hereby ordered filed in the office the petition be referred to the Coun- of the Clerk of Dubuque and the cil to view the grounds. Seconded date of public hearing thereon is by Councilman Schueller. Carried hereby fixed as the 3rd day of Au- 1)y the following vote: gust, 1942, at 7:30 o'clock P. M., in Yeas—Mayor Wharton, Council - the Council Chamber in the City men Murphy, Schueller, Thompson, Hall. Van Duelman. Be It Further Resolved, That said Nays—None. Clerk be and he is hereby directed Notice of Claim of Maurice Hen - to cause said budget estimate of ex- ueseey in the amount of $5,000.00 penditures and proposed tax levy to for personal injuries sustained in a be published in the official news- fall in front of and opposite the papers of the City of Dubuque and residence known as 266 West 17th an official notice to be given of the Street, presented and read. time and place, when and where budget estimate will be consid- Councilman Murphy moved that said by said Council for final adop. the Notice of Claim be referred to ered tion, at which time and place tax- the City Solicitor for investigation Seconded by Council - payers will be heard for and against said estimate, said publication to be and report. man Van Duelman. Carried by the not less than ten (10) days before following vote: Yeas—Mayor Wharton, Council - said date of hearing. Be It Further Resolved, That in men Murphy, Schueller, Thompson, lieu of all of the separate annual Van Duelman. levies for the General Fund, the Nays—None. Grading Fund, the Improvement Original Notice of Suit of Mrs. Fund, the Sewer Fund and the Edward (Marie) Balback in the Electric Light and Power Fund, be levied one (1) tax amount of $15,000.00 for injuries re - fall on the east side of there shall which shall be designated as the ceived in a Main Street about 60 to 65 feet "Consolidated Tax Levy." south of the south curb of 14th Passed, adopted and approved Street, presented and read. this 21st day of July, 1942. Councilman Murphy moved that ALBERT WHARTON, the Original Notice of Suit be re - Second - Mayor. F. W. THOMPSON, ferred to the City Solicitor. ed by Councilman Van Duelman. FRANK VAN DUELMAN, Carried by the following vote: GEO. R. MURPHY, yeas—Mayor Wharton, Council - B. A. SCHUELLER, men Murphy, Schueller, Thompson, Councilmen. Van Duelman. Attest: J. J. SHEA, City Clerk. Nays—None. Communication of A. W. Suchon Councilman Murphy in o v e d the stating that due to the negligence adoption of the resolution. Second- of the City in placing a stop sign Street ed by Councilman Van Duelman. on North Main at Seminary which Carried by the following vote: that he had an accident damage to his Yeas—Mayor Wharton, Council- caused considerable men Murphy, Schueller, Thompson, car and for which he expects the full or he will file Van Duelman. City to pay for in and read. Nays—None. suit, presented that Murphy Petition of Carl Launspach re- Councilman communication be referred to questing the vacation of the alley the City Solicitor for investigation adjoining Lot 146 and Lot 1 of of 2 of 131 in Finley Addition, and 1 the byCouncil- and report. Seconded by Carried by the fol - to convey the same to him by deed, man Thompson. lowing vote: Presented and read. 150 Special Session, July 21, 1942 Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Allen C. Kane, Clerk in the Water Department, ad- vising Council that he has been in- ducted into the armed forces of the United States under the Selective Service Act and requesting that he be granted a leave of absence as provided by Resolution No. 14-41, presented and read. Councilman Van Duelman moved that the request be granted and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Siegel H. Avery call- ing attention of the Council to the condition of Elm Street, north of 24th Street, and requesting that some actiton be taken to place said street in a passable condition, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the City Manager to make the neces- sary repairs. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of St. Paul's Mission House, Epworth, Iowa, requesting Permission to hang a cloth banner on Main Street near the Fitz- patrick Sporting Goods Store from July 25 to August 2, 1942, presented and read. Councilman Schueller moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Earl L. De Voe re- questing that a sidewalk be ordered constructed across the frontage of the property next adjacent to Lot 2 of Lot 1 of Lot 13 and Lot 2 of Lot 1 of Lot 1 of Lot 13 in Wallis Heights Addition, presented and read. Councilman Murphy moved that the petition be referred to the Coun- cil. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Couneil. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 1155 S. Grandview Avenue. Dubuque, Iowa. July 6, 1942. To the Honorable City Council of the City of Dubuque, Iowa, and to the Honorable Members thereof, and to the Honorable City Man. ager of the City of Dubuque, Iowa: Gentlemen: At the present time, I understand that a move is afoot to have the City of Dubuque put in a curbing on Eleanor Street which runs perpendicular to South Grand. v:ew Avenue near the 1100 block. This matter came before the City Council a little over a year ago and at that time it was decided that no improvements would be made on Eleanor Street at the expense of the City. I objected at that time to any im- provements on this street on which only one home is locaetd; and again I firmly object to the curbing of this street since two-thirds of the property surrounding this street is pasture land. It would be an injury to the holders of this land, as well as to other City taxpayers, to fur- ther burden them with this expense of curbing this street since the pas- ture land adjoining this property cannot stand this additional ex- pense. If said curbing is to be laid, I feel that this improvement should be made by the owners who will be di- rectly benefitted and not by the City, thereby throwing the bulk of the expense onto those who in no way will profit by it. Respectfully, MRS. MARY FALDORF. Councilman Murphy moved that the petition be received and made a matter of record. S e c o n d e d by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Frank E. Leonard, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on Lot 5, Sub. of 2 of City Lot 720, Presented and read. Councilman Van Duelman moved that the petition be referred to the City Council for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- Special Session, July 21, 1942 151 men Murphy, Schueller, Thompson,I low during the period July 1, 1942, Van Duelman, to June 30, 1943 Second Party Nays—None. agrees to a Fi P - Communication of Interstate power Company stating that they investigated the matter of removing street car rails on Dodge Street and find that arrangements can be made for salvaging this steel and would request that the City determine if it is possible to arrange through the State Highway Commission for the repair of this street after rails are removed, presented and read. City Manager Rhomberg submitted a verbal recommendation that ar. rangements be made with the State Highway Commission to replace the pavement disturbed by the rail re- moval on Dodge Street and the In- terstate Power Company notified to salvage the rails. Councilman Thompson m o v e d 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of the Iowa State Highway Commission submitting four copies of a contract with the City of Dubuque for Primary Road E.: tension Maintenance at $300.00 per mi a for the period of July 1st to June 30th, 1943, and also stating that they would appreciate knowing at the Council's earliest conven- ience if the Council definitely de- cides that they wish to go ahead with the removal of the rails on Dodge Street, presented and read. Councilman Thompson moved that the communication be received and placed on file. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. CONTRACT County of Dubuque, City of Dubuque. PRIMARY ROAD EXTENSION MAINTENANCE This written duplicate memoran- da of agreement made and entered into by and between the City of Dubuque, Iowa, Party of the First Part, and the Iowa State Highway Commission, Ames, Iowa, Party of the Second Part. Witnesseth: In consideration of the perform- ance by the Party of the First Part, Of maintenance work specified be- y rst arty, the amounts stipulated herein. Party of the First Part agrees to Perform for the Party of the Second Part, all routine maintenance opera- tions in the City of Dubuque on ex- tensions of primary roads specific- ally described as follows: All ex- tensions of Primary Roads in the City of Dubuque except the west 0.65 miles of U. S. No. 20 and the south 0.49 miles of U. S. No. 61. Total Miles 8.35 at $300.00 per mile Total Routine Maintenance— $2,505.00. It is understood that "routine maintenance operations" shall in- clude surface maintenance, road bed repairs, repairs to bridges, cul- verts and guard rail, weed cutting, snow plowing, and other mainten- ance usually performed on primary roads outside of cities and towns. R o u t i n e maintenance of paved streets shall extend from curb to curb. Snow plowing included in routine maintenance will apply to a width of approximately 30 feet. The hauling and disposal of the snow plowed from the 30 -foot section is not included in this contract. Party of the First Part further agrees to perform special mainten- ance work for the Party of the Sec- ond Part on the above designated extensions. This special mainten- ance work is specifically described as follows: Snow removal and sand- ing of hills and curves will be per- formed as routine maintenance. Special maintenance will be con- tracted by the Highway Commis- sion either with private contracts or with supplemental contracts with the City. Total Contract Amount, $2,505.00. in Witness Whereof, the Parties hereto have set their hands, for the purposes herein expressed, on this ....... day of ...................................... DUBUQUE, IOWA. City By Albert Wharton, Mayor. First Party IOWA STATE HIGHWAY COMMISSION. By A. A. Hurst, Second Party Recommended for Approval July 24, 1942. C. R. LIVINEngit eer. July 29, 1942. Councilman Murphy moved that the Mayor be empowered to execute said contract on behalf of the City 152 Special Session, July 21, 1942 of Dubuque. Seconded by Council. man Thompson. Carried by the fol• lowing vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 64-42 RESOLUTION AND APPLICA- TION FOR PERMANENT TRANSFER OF FUNDS. Whereas, the delinquency in tax payments in the fiscal year 1935- 1936 and 1936-1937 caused the City of Dubuque to issue stamped war- rants upon which Judgments were rendered against the City, and said Judgments were satisfied by issu- ing general obligation bonds dated May 1, 1936, and June 1, 1937; and Whereas, Fire Department Main- tenance Fund Warrants in the amounts of $12,469.72 in the year 1935-1936 and of $11,552.51 in the year 1936-1937 were included in these funding operations; and Whereas, the repayment of the delinquent tax collections credited to the Fire Department Mainten. ance Fund will obviate an increase in the tax levy necessary to pay gendral obligation bonds; and Whereas, there is now in the hands of the City Treasurer and credited to the Fire Department Maintenance Fund the sum of $64,261.65 of which $24,022.23 is available for transfer to the Bond- ed Debt Fund for debt services; and Whereas, before such transfers can be made, 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 Fire Department Maintenance Fund the sum of $24,022.23 to the Bonded Debt Fund and the State Comptroll- er is hereby petitioned to author- ize and approve such transfer. Be It Further Resolved that upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his records ac- cordingly and to notify the Treas- urer of such transfer, and such no. tification shall be accompanied by a COPY of this resolution and the rec- ord of its adoption. The resolution was passed, adopt- ed and approved by unanimous ac- tion of the City Council on the 6th day of July, 1942, and all members thereof signed their names thereto. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Attest: J. J. SHEA, Councilmen. City Clerk. The foregoing resolution and ap. plication having been flied with the State Comptroller, the transfer re- quested is approved this 8th day of July, 1942. C. FRED PORTER State Comptroller. Councilman Schueller moved that the Approval of C. Fred Porter, State Comptroller, be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Deulman. Nays—None. Ordinance No. 19-42. An Ordin. ance amending Ordinance No. 10- 37, 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; by making cer- tain streets stop intersections and by making certain other streets boulevards, said Ordinance having been passed upon first and second readings on July 6, 1942, and order. ed placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 19.42 An Ordinance amending Ordinance No. 10.37, being "An Ordinance reg- ulating the use of vehicles upon the streets of the City of Dubuque; des. ignating the provisions hereof as the "Traffic Code" of said City;" by making certain streets stop in- tersections and by making certain other streets boulevards. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Secti•in 1. That Ordinance No. 10-37, "An Ordinance regulating the use Of vehicles upon the streets of the City of Dubuque; designating the pro - Visions hereof as the "Traffic Code" Of said City" "PARAGRAPH 609, SECTION 3" titled "XIII BOULE- VARDS" Rule 98 be, and the same is hereby amended by adding thereto the following: "W. East 14th Street from Central Avenue to Elm Street; and thence on Elm Street from East 14th Street to East 20th Street." &Wlun 2. That "PARAGRAPH 609, 4ECT[ON 3" "XIII BOULEVARDS" _,e amended by adding thereto: Special Session, July 21, 1942 153 RULE (9811) That the following intersections are designated as "Stop Intersections": 9th and Iowa Streets and Loral Boulevard and University Avenue. That Stoll signs be erected at the 9th and lows Street intersec- tion at the East and West entrance to Iowa Street on 9th Street; and at Loras Boulevard and ('niversity Ave- nue ;ntersection at the entrance of Loras Boulevard to University Ave- nue." Section 3. That any and all Ordi- nances or ports thereof in conflict herewith are hereby repealed. Section 4. This Ordinance shall be in full force and effect froand on (1 m an�aftter its final passage, ap- proval by the City Council and publi- (ation as by law provided. Passed upon first and second read- ings this 6th. day of July, 1942. Passed, adopted and approved upon final reading this 21st, day of July, 1942. ALIIERT WHARTON. Mayor F. W. THOMPSON. FRANK VAN DUELMAN. '.EO. R. MURPHY. 13. A. SCHUELLER. Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson m o v e d that the reading just had be consid- ered the second reading of the Ordinance. Seconded by Council- man Schueller.- Carried by the fol- lowing vote: Yeas --Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 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 Schueller. Carried by the following vote: Y eas — Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duellnan. Nays—None. July 10, 1942. To t71e Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Published officially in The Tele- Treasuret•'City Health Department, graph -Herald newspaper this 23rd. City Recreation Director and City tiny of Jul., 1942• Waterworks, also a list of claims J. J. SHEA, and payt olis for which warrants 7-23-1t City Clerk. were drawn during the month of Councilman Thompson moved the June, 1942. adoption of the Ordinance. Second- Respectfully submitted, ed by Councilman Van Duelman. A. A. RHOMBERG, Carried by the following vote: City Manager. Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson. Councilman Schueller moved that Van Duelman. the reports be received and placed Nays—None. on tile. Seconded by Councilman Ordinance No. 20-42. An Ordin. Van Duelman. Carried by the fol- ance granting to the Dubuque Seed lowing vote: Company, its Successors and As- Yeas—Mayor Wharton, Council - signs, the right to construct and men Murphy, Schueller, Thompson, maintain an additional 15 feet to the Van Duelman. loading platform in the back of 169- 171 Iowa Street, prescribing the Nays—None. conditons of such permission, pre. Form No. 662 sented and read. 12-23-35 Dubuque County, Councilman Thompson m o v e d Prol. No. FI -305 that the reading just had be consid- ered the first reading of the Ordin- ance. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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 Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. The Ordina,ilce was then read a second time. Resolution No. 66-42 CONSENTING TO AND APPROV- ING PLANS FOR THE IM- PROVEMENT OF THE EXTEN- SION OF PRIMARY ROAD WITHIN DUBUQUE, IOWA. Whereas, the Iowa State High- way Commission proposes to im- prove by paving the extension of Primary Road No. 20 within the City of Dubuque in accordance with plans heretofore filed in the office of the Clerk of said City of Du- buque, as follows: West end of new bridge approach (Sta. 102+48.5) westerly on Dodge Street 286.2 feet 4Sta. 99-}-62.2) and, Whereas, the City has informed Itself as to said improvement and 154 Special Session, July 21, 1942 has examined said plans therefor. Now, Therefore, Be It Resolved by the City of Du. buque: 1. That the said City of Dubuque hereby consents to the, proposed im- provement of the extension of Prim. ary Road No. 20 within the City of Dubuque, and 2. That the plans for said pro- posed improvement as now on file in the office of the Clerk of said City are hereby approved, and 3. That said City will take such legal steps and prosecute to a con- clusion such legal action and/or Proceedings as are now or may hereafter be required: (a) To legally establish grade lines of said Dodge Street in ac- cordance with and as shown by the plans of said contemplated improve- ment hereinbefore approved. (b) To prevent encroachment up. on streets, highways and public grourfds bf said city upon which said primary road extension is now or may hereafter be located. (c) To prevent erection of ob- structions in said street, highways and public places. (d) To remove or cause to be re- moved obstructions erected therein. Attest: J. J. SHEA, Clerk. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Members of the Council of uque, Iowa. Passed this 1st day of July, 1942. J. J. SHEA, Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 67-42 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 Peter Petrakis, 31 Eighth Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 21st day of July, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Thompson moved the adoption of the resolution. Second. ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resoiution No. 68-42 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 follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. CLASS "C" PERMIT Name Address Otto J. Dunbar, 2401 Jackson Street. Passed, adopted and approved this 21st day of July, 1942. Mayor. ALBERT WHARTON, F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson m o v e d the adoption of the resolution. Sec. onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 69-42 Whereas, heretofore application was filed by the within named ap- plicant for Class "C" Beer Permit 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- Special Session, July 21, 1942 155 ager be and he is hereby directed to issue to the following named ap- plicant a Beer Permit. CLASS "C" PERMITAddress Name Otto J. Dunbar, 2401 Jackson Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 21stday of July, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 70-42 Whereas, Lot 7 of South Avenue Addition to the City of Dubuque, Dubuque County. Iowa, was sold on February 3, 1936, to Dubuque Coun- ty, Iowa, by the County Treasurer of Dubuque County. Iowa, for delin- quent taxes and unpaid taxes for the years 1931, 1932, 1933 and 1934, and Whereas, The said Dubuque Coun- ty, Iowa, desires to sell the above described real estate to Ruby June Crane for $35.00, and Whereas. The seal of said prop- erty by Dubuque County, Iowa, to Ruby June Crane 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 the tax -levying and tax -certi- fying bodies having any interest in said general taxes; Now, There- fore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the sale of said property to Ruby June Crane for the sum of $35.00 in cash, be and the same is hereby authorized and approved. Passed, Adopted and Approved this 21st day of July, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA City Clerk. aj- Approved�.•...1 2. .yl�A Adopted Councilmen:6V. ..uuM./�� Attest:.......... City Clerk. Regular Session, August 3rd, 1942 157 City Council (Official.) Regular Session, August 3rd, 1942. Council met at 7:30 P. m. Present—Mayor Wharton, Coun- cilmen Schueller, Thompson, Van Duelman, City Manager Rhomberg. Absent—Councilman Murphy. 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. Petition of Cleta E. Beckius, et al, taxpayers and residents, living in the vicinity of 19th and Elm Streets, petitioning the City Council to pro- hibit the operation of the Fox Roller Skating Rink in that district as it is a public nuisance, presented and read. Councilman Van Duelman 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 Schueller. Carried by the following vote: Yeas—Mayor Wharton, Coun- cilmen Schueller, Thompson, Van Duelman. Nays—None. Absent— Councilman Murphy. Miss Cleta Beckius, et al, addressed the Coun- cil in support of their petition and requesting that some action be tak- en to abate the nuisance as com- plained of in their petition. Coun- cilman Murphy entered the Council Chamber and took his seat at 7:45 P. m. Councilman Schueller moved that the petition be granted. Sec- onded by Councilman Van Duelman. Roll call on motion: Yeas—Council- men Schueller and Van Duelman. Nays—Mayor Wharton. Council- men Murphy and Thompson not vot- ing. After a discussion among the members of the Council on this mat- ter Councilmen Murphy and Thomp- son stated that they desired to re- consider their previous vote in which they were recorded as not voting and now requested to be re- corded as voting Nay. Roll call on the motion then showed: Yeas— Councilmen Schueller and Van Duel - man. Nays—Mayor Wharton, Coun- cilmen Murphy and Thompson. Mayor Wharton then declared that the motion was lost. Councilman Van Duelman moved that the City Solicitor be instructed to prepare a proper ordinance for the regulating and prohibiting of roller skating rinks, said ordinance to be presented for Council consid- eration at a Special Meeting of the City Council to be held on Friday, August 7th, 1942. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Proof of publication, certified to by the publishers, of notice of a pub- lic hearing upon the Budget Esti- mate of Expenditures for the year beginning April 1, 1943, presented and read. Councilman Van Duel - man moved that the proof of publi- cation be. received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Coun6l- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Jas. F. Lee, 409 Al- mond Street; A. L. Mutschler, 2460 Pennsylvania Street; T. A. Polsean, 706 Seminary Street, taxpayers, ob- jecting to the adoption of the pro- posed City Budget as published, for the reason that it is excessive in de- tail, and does not comply with the Budget Law as to legal require- ments and provisions, and for the further reason that individual as- sessments for real estate, personal property and moneys and credits, as returned by your Assessors and on which the proposed tax levy is bas- ed, is partial, prejudiced and unfair, inequitable, deficient and illegal, and for further reasons as will be more specifically set out in an ap- peal to the State Board of Appeal, presented and read. Messrs. Jas. F. Lee, A. L. Mutschler and T. A. Pol- sean, signers of the petition, objec- tion to the adoption of the proposed City Budget as published appeared and were present in the Council Chamber at said public hearing. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. City Manager Rhomberg submit- ting verbal recommendation, that on account of an error in the printed publication of the notice of a public hearing upon the Budget Estimate of Expenditures for the year begin- ning April 1, 1943, that the City Council date hold- ing ofaewr publichearingup n the Budget Estimate of Expenditures for the year beginning April 1, 1943, apubc hear- nd be again otice published of saiin the official newspaper. 158 Regular Session, August 3rd, 1942 BUDGET ESTIMATE EST AND ESTIMATE RECORD OF FILING CITY meet August 15th, 11ty 942 atuncil of 2 00 P. M.bat thue e Cityuque Hall. County, Iowa, will ll. Taxpayers will be heard for or against the following estimate of ex- penditures for the year beginning April 1, 1943. A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearing. J J SHEA 8-4-1t. City Clerk. General ...............$ EXPENDITURES $255,244 $ 259,302 $__......._ $ 73,500) FOR YEAR 47,920 25,570 38,900 12,000 16,900) Improvement ... 67,763 46,812 47.600 12,500 25,100) 248,802 Sewer _.__.___._ 2,101 2,930 5,700 w m Light ............ ......... 39,556 36,917 36,800 _..._ ..... _.J Consolidated Tax .7 as $115,500 '� N a Waterworks ._ 143,567 152,067 ,O " y a• y £ .-i d ctl a c3 cd d' 7. Gy �" 4 MP,(.,+ZM a Z:N=►a ,n�O M mpAEiM Disposal X 13,944 :4aWW� W�0.�16 W.°F°: C °a'+ IT. 5,630 5,477 6,291 6,291 General ...............$ 282,042 $255,244 $ 259,302 $__......._ $ 73,500) Grading _._ 47,920 25,570 38,900 12,000 16,900) Improvement ... 67,763 46,812 47.600 12,500 25,100) 248,802 Sewer _.__.___._ 2,101 2,930 5,700 Light ............ ......... 39,556 36,917 36,800 _..._ ..... _.J Consolidated Tax $24,500 $115,500 $248,802 Waterworks ._ 143,567 152,067 175.550 20,000 155,550 Garbage Disposal 16,803 13,944 17,771 17,772 Snow Removal 5,630 5,477 6,291 6,291 Fire Mainten- ance ._.._._...... 103,558 110,234 125,111 ...... ........ ...... 125,112 Fire Equip- ment .....-_........ 860 _.._,- 12,476..._.......... _._ _...---- 12.4 76 Road, (Agri. Land) .... _........ 105 102 92 _ ...._. _.._ 92 Main Sewer ..._. 16,343 17,291 13,115 ._._......_._ Library 29,383 30,690 33,093 _.._. 2,000 31,093 Park ...... ........ .._._ 21,658 23,349 25,465 2,500 750 22,215 Playground _. 14,537 15,301 15,799_ 3,075 12,724 Dock Operation 31,128 22,431 29,810 4,000 8,500 17,310 Firemen's Pen- sion ................ __. 19,091 19,276 20,354 1,000 800 18,554 Firemen's Re- tirement ....... 1,690 5,393 2,559 _....__. ....... _.- 2,559 Policemen's Pension .._._... 11,722 11,791 14,223 2,000 600 11,623 Policemen's Retirement ._ 597 3,708 1,7061,706 v �_ Emergency ....__. 33,518 36,988 22,215 22,215 Dock Bonds ...... 34,355 39,753 37,046 2,000 ........ _ 35,046 General Bonds 108,743 82,085 76,667 ..... ....... _._ __. 76,667 TOTALS ........ ._.$1,032,720 $957,353 $1,018,147 $56,000 $286,775 $675,372 Estimated Taxes per $1,000.00 of assessed value $18.997. Taxable valuation (1941) _...__._..__ .... ..... _....... ..... _._................ ......._...._...__._-._._ $34,667,808 Moneys and credits (1941) ..-.-------- .__..__....__..__....._.... .......__.-_._......_..... $ 8,758,084 Moneys and credits (1941) _.___...__......__._ _ ._..___.2 Mills 206,895 Resolution No. 71-42 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, 1943, and ending March 31, 1944, as a basis for the tax levy for the year 1942, the same to be collected in the year 1943, 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 office of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 15th day of August, 1942, at 2 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 considered by said Council for final adoption, Regular Session, August 3rd, 1942 159 at which time and place taxpayers will be heard for and against said estimate said publication to be ,iot less than ten (10) days before said date of hearing. Be It Further Resolved that in lieu of all of the separate annual levies f O1General improvement Grading Fund, Fund, the Sewer Fund and the Elec- tric Light and Power Fund, there shall be levied one (1) tax which shall be designated as the "Consoli- dated Tax Levy." Passed, adopted and approved this 3rd day of August, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Merk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Notice of Claim of Mabel Fay in the amount of $102.19 for personal injuries sustained in a fall on a side- walk at 15th and Iowa Streets, near St. Patrick's Church, presented 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 Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Notice of Claim of Mrs. Margaret Noel in the amount of $105.45 for personal injuries sustained in a fall on an icy sidewalk on 8th Street near Main Street at Montgomery Ward Company store, presented and read. Councilman Schueller moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Cour oilman Thompson. Carried by 'h following vote: Yeas—Mayor Wharton, Council men Murphy, Schueller, Thompson Van Duelman. Nays—None. Notice of Claim of the Dairy De patch Company in the amount o $51.65 for damages sustained to truck tire caused in striking a mai hole in Levee Street, presented an read. Councilman Murphy move that the Notice of Claim be referre to the City Solicitor for investiga tion and report: Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of the League of Iowa Municipalities submitting statement in the amount of $80.00 to cover annual dues in the League of Iowa Municipalities and also urg- ing Council to designate at least one delegate to attend the annual con- vention to be held at Cedar Rapids, Iowa, on August 17th, 18th and 19th, presented and read. Councilman Murphy moved that 'the bill in amount of $80.00 to cover annual dues in the League be allowed and that a warrant in the amount of $80.00 be ordered drawn covering the same and that the communica- tion be referred to the Council. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of The Volunteers of America, requesting permission for the holding of their annual "Red Heart" tag day on August 22nd, 1942, presented and read. Council- man Schueller moved that the re- quest be granted for the holding of a tag day and that the Clerk be in- structed to notify The Volunteers of America to select any date other than August 22nd, 1942, for the hold- ing of their tag day. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Charles and Ethel Bar- rett, requesting a refund on have dis- continued cigarette permit as they continued business as of July 21st, 1942, presented and read. Council- man Thompson moved that the re- quest be granted and the City Audi- tor instructed to draw a warrant in the r of Charles oand Ethel Barrett tount of $75-00 in vcover e the amount of refund granted on the unexpired, portion of their clgiilman permit. Seconded by the fan Van Duelman. Carried by ol- lowing vote: Council- Yeas—MayoWhaiSchueller, Thompson, s men Murphy, f Van Duelman. a Nays—None. d questing a refund RichardPetition of he amountof d $75.00 on his cigarette permit No. d 142 as he, has discontinued presented as of August 1st, 19 160 Regular Session, August 3rd, 1942 and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Richard Hogan to cover the amount of refund granted on the unexpired portion of his cig- arette permit No. 142. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Council Proceedings for the month of May, 1942, presented for approval. Councilman Van Duel - man moved that the Council Pro- ceedings for the month of May, 1942, be "approved as printed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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 June, 1942, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Ordinance No. 20-42. An Ordi- nance granting to the Dubuque Seed Company, its successors and as. signs, the right to construct and maintain an additional 15 feet to the loading platform in the back of 169- 171 Iowa Street, prescribing the con- ditions of such permission, said Ordinance having been passed upon first and second readings on July 21st, 1942, and ordered placed on file with the City Clerk for public in- spection for at least one week be. fore its final adoption, presented and read a third time. Ordinance No. 20.42 An Ordinance granting to the Du- buque Seed Company, its Successors and Assigns, the right to construct and maintain an additional 15 feet to the loading platform in the back of 169-171 Iowa Street, prescribing the conditions of such permission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That Dubuque Seed Com- pany, its successors and assigns, be, and they are hereby granted the right and authority to add 15 feet to the loading platform in back of the premises at 169-171 Iowa Street, which premises are now occupied by the Dubuque Seed Company. Section 2. That such platform shall be constructed under the direction and supervision of the City Manager and Building Commissioner. Section 3. It Is understood and pro- vided that the right and permission to use and occupy such portion of the alley for the purposes herein stated is subject to the continuous control of the City Council of the City of Dubuque, reserving the right to said City Council to impose re- strictions or conditions upon the en- joyment thereof as may be reason- ably necessary for the protection of the public interest including the right to revoke and rescind any and all of such rights and permission if at any time the public interest should require such revocation. Section 4. As a further considera- tion for the rights and privileges here- by granted, said Dubuque Seed Com- pany, its successors and assigns, shall assume all liability for dam- ages to persons or property which might result from the construction and maintenance of the structure herein authorized, and the said Du- buque Seed Company, at its own ex- pense, agrees to defend any and all claims and actions which may be brought against the City because of the structure herein referred to, and should the City be required to pay any damages because thereof, the Dubuque Seed Company agrees to reimburse the City therefor and shall hold the City of Dubuque harmless from any and all damage. Section 5. Should the rights and privileges herein granted be rescinded or revoked, said Dubuque Seed Com- pany, its successors and assigns, at Its own expense and upon receipt of reasonable notice, shall remove the structure herein authorized and re- store the alley to as good condition as it was in before such structure was constructed. Section 6. This Ordinance shall be- come effective upon its final passage, adoption and approval by the City Council and publication as provided by law, and the rights hereunder shall accrue to Dubuque Seed Com- pany, its successors and assigns, when this Ordinance has been ac- cepted by said Company, which ac- ceptance shall be endorsed hereon, and when the cost and expense of publishing the same has been paid by said Company. Passed upon first and second read- ings this 21st day of July, 1942. Passed, adopted and approved upon final reading this 3rd day of August, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN. (CEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: I. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE NO. 20-42 Dubuque Seed Company, having knowledge of all the terms and con- Regular Session, August 3rd, 1942 161 ------------ of oaccepdtn said NOrdinano. cedoas be e ac- of londed uofethe tionCity Councvisors hereb accept il. Sec hereby the City Council of the by by Councilman Schueller. Carried adopted City oP Dubuque on this 3rd day of by the followin 1942, and agrees to comply g vote: August, with all the terms and conditions yeas—Mayor Wharton, Council- thereof. men Murphy, Schueller, Thompson, Signed this 4th day of August. Van 1942. DUBUQUE SEED COMPANY, Duelman. Nays—None. By O. B. KUHL, Office Manager. August 3, 1942. To the Honorable Mayor The ay onewspapericially nthis graph-Heraldished 5th dand City Council, of August, 1942. Dubuque, Iowa. J. J. SHEA, 8-5-1t. City Clerk. Gentlemen: This is to advise Councilman Van Duelman moved that I have approved the following bonds and desire to have your ap- the adoption of the Ordinance. Sec- proval on same for filing: onded by Councilman Schueller. Personal Carried by the following vote: Estheir Fritschel, Stenographer Yeas—Mayor Wharton, Council- and Clerk City Water Department— men Murphy, Schueller, Thompson, Mass. Bonding & Ins. Co. Van Duelman. Louis F. Fautsch, Police Judge— The Aetna Casualty & Surety Co. Nays—None. Communication of Chief of Police Resbectfully submitted, Strub suggesting that some sort of A. A. RHOMBERG, legislation be enacted controlling City Manager. the playing of mechanical musical Councilman Schueller moved that devices in public places such as tav- restaurants, hotels, zkating the bonds be approved and placed erns, rinks, dine and dance, etc., present- on file. Seconded by Councilinan Murphy. Carried by the following ed and read. Councilman Murphy moved that the communication be vote: Council- referred to the City Solicitor to con- yeas—Mayor Wharton, fer with the Chief of Police and sub- men' Murphy, Schueller, Thompson, mit a report back to the City Coun- Van Duelman. cil. Seconded by Councilman Van Nays—None. Duelman. Carried by the following Resolution No. 72-42 vote: Yeas—Mayor Wharton, Council- applications for Class Whereas, app "B" Beer Permits have been sab- men Murphy, Schueller, Thompson, mitted to this Council for approval Van Duelman. and the same have been examined; Nays—None. July 24, 1942. Now, therefore, Be It Resolved by the o- Honorable Mayor and the folInct' the City of Dubuque that the follow- be d thee City Council, ing applications sa r. are hereby approved City of Dubuque, Iowa. dered that the premises to be occu- shall be Gentlemen: In re: PETITION pied by such applicants OF FRANK E. LEONARD for Sus- forthwith inspected. Pension of taxes on: Lot 5 of Sub. 2 "Class "B" Permit of City Lot 720, asking that the 1941 tax be suspended because of age Name. Address. Evelyn and infirmity. I recommend that the said Peti- Joseph J. Weiner and Weiner, 709 University Avenue. tion should be approved by the City Wm, Tharp, 2403 Central Avenue. Council of the City of Dubuque and Wm. J. Clesen, 1097 Jackson notification, of such approval be given to the Boat d of Supervisors Street. Phillip Mihalakis and Viola ;igihal- of Dubuque County, Iowa. skis, 1698 Maple Street. Re$pectfully submitted, John J. Rettenmaier and Marie Lincoln Avenue. JOHN J. KINTZINGER, City Solicitor. Rettenmaier, 1100 Mrs. Florence M. Miller, 400 Cen- Councilman Van Duelmau moved tral Avenue. 1504 Central that the recommendation of City So- Mrs. Bernice Kunz, licitor Kintzinger be approved and Avenue. 236 West the petition of Frank E. Leonard requesting suspension of the 1941 Mrs Bernice Kunz, of address First Street. tax s on Lot 5of 2 h of City from 1804 Central(Transfe dub. cLot granted � a 162 Regular Session, August 3rd, 1942 Class "B" Permit for Private Club Knights of Columbus, Dubuque Council No. 510, 781 Locust Street. Luxemberg Club of Dubuque, Iowa, 1832.68 Central Avenue. Passed, adopted and approved this 3rd day of August, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 73.42 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits 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 (if the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named appli- cants a Beer Permit: Name. Address. Class "B" Permit Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Wm. Tharp, 2403 Central Avenue. Wm. J. Clesen, 1097 Jackson Street. Phillip Mihalakis and Viola Mihal- skis, 1698 Maple Street. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. Mrs. Florence M. Miller, 400 Cen- tral Avenue, Mrs. Bernice Kunz, 1804 Central Avenue. Mrs. Bernice Kunz, 236 W. First Street. (Transfer of address from 1804 Central Ave.) Class "B" Permit for Private Club Knights of Columbus, Dubuque Council No. 510, 781 Locust Street. Luxemberg Club of Dubuque, Iowa, 1832-68 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 August, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANIi VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Application of the Hawkeye Lodge of Dubuque, Iowa, for a Class "B" Beer Permit for Private Club, pre. sented and read. Councilman Van Duelman moved that the applica- tion be referred to the City Council for investigation. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Application of the Hawkeye Lodge of Dubuque, Iowa, for a cigarette permit, presented and read. Coun- cilman Murphy moved that the ap- plication be referred to the City Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk.,, C ,. ... Councilmen: %... �� .• ••• ••••• .. ................. Attest: ....q.... . y0/� IJ�✓�*'�..... U City Clerk. Special Session, August 7th, 1942 163 City Council (Official.) Special Session, August 7th, 1942. Council met at 7:30 P. in- Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Thompson. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is Ordinance No. 21.42. An Ordi- called for the purpose of consider- n OrdOrdnce regulating and prohibiting ing for Council action an ordinance regulating and prohibiting the oper- tin he operation of roller skating certain places in the City Du- r rinks ation of roller skating rinks in cer. in certain describing roller skating tain places in the City of Dubuque, describing roller skating rinks, pro- rinks, providing for revocation of li- cense, for a penalty for the violation a pen for revocation of license, for hereof and repealing any and all a penalty for the violation hereof ordinances or parts thereof in con - and repealing any and all ordi- conflict flict herewith, presented and read. nances or parts thereof in Councilman Thompson moved that herewith and acting on any other the reading just had be considered business as may properly come be- the first reading of the ordinance. fore a regular meeting of the City Seconded by Councilman Schueller. Council. Carried by the following vote: Petition of Henry and Noble Bradley, requesting that they be Yeas—MayorWharton, Thompson, Council - permitted to continue to operate the men Murphy, Sc roller skating rink at 19th and Elm Van Duelman. Streets through the rest of this Nays—None. month and September and until cool Councilman Thompson moved weather in October and if an ordi- that the rules be suspended requir- nance is adopted either prohibiting ing an ordinance to be read on three the operation of a roller skating separate days. Seconded by Coun- rink or requiring the signature of cilman Schueller. Carried by the every person living within a speci- following vote: fied distance that the provisions of Yeas—MayorWharton, Thompson, Council - said ordinance become effective not men Murphy, Sc earlier than November 1, 1942, also Van Duelman. the petition of George H. Brandt, et Nays—None. al, residents living within 300 feet The Ordinance was then read a of the southeast corner of 19th and second time. Councilman Thomp- Elm Streets, joining in the sugges- son moved that the reading just had tions and request of Henry and be considered the second reading Noble Bradley, operators of the Fox of the Ordinance. Seconded by Roller Skating Rink, as set out in Councilman Schueller. Carried by their petition and respectfully peti- the following vote: Council - tion the City Council to grant the Yeas—_Mayor Thompson, above petition, presented and read. men Murphy, Sc Councilman Thompson moved that Van Duelman. the rules be suspended for the pur- Nays—None. Pose of allowing any one present in Councilman Thompson moved the Council Chamber, who wishes to that the Ordinance be placed on file do so, to address the Council. Sec. with the City Clerk for public in- spection by Councilman Schueller. spection for at least one week be - Carried by the following vote: fore its final adoption. Seconded Yeas—Mayor Wharton, Council- by Councilman Schueller. Carried men Murphy, Schueller, Thompson, by the following Council - Van Duelman. Yeas—MaYoSchueller, Thompson, Nays—None. men Murphy, Mr. Al. Feipel, et al, addressed the Van Duelman. Council requesting that the roller Communo cation of the Dubuque skating rink as now operated at 19th Labor and Elm Streets be closed as the Trades & LaboreX� nding invita way that the rink has been run has Day Committee, caused a nuisance in this neighbor- tion to the City Council to partici- hood. Mr. Henry Bradley addressed the Council asking that he be al. lowed to continue the operation of the roller skating rink at 19th and Elm Streets for the next few weeks, until cool weather sets in, and that at that time he would then move his rink inside of some building. Coun- cilman Thompson moved that the petition be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Rays—None. Special Scssion, August 7th, 1942 164 of September car running into his car at the inter - pate in their parade and read. Coun- section of North Main Street and 7th, 1942, presented cilman Van Duelman moved that Seminary Street on 'or about June the invitation be accepted. Carrried Councilman Murphy. claim it istone against the operator ed and owner of the other car. by the following vote: the hat he has no 1City ion tand Yeas—Mayor men Murphy, Schueller, Thompson, claim against the that such claim against the City should be Van Duelman. denied. I am returning herewith Nays—None. the claim as filed. Dubuque, Iowa, August 6th, 1942. Yours truly, To the Honorable Mayor JOHN J. KINTZINGER, and City Council, City Solicitor. Dubuque, Iowa. In with Councilman Murphy moved that Gentlemen: accordance of Chapter 289 of the the recommendation of City Solici- the provisions State Code of Iowa, 1939, the Civil for Kintzinger be approved. Sec. by Councilman Van Duelman. Service Commission conducted a examination for eligible onded Carried by the following vote: competitive list for appointment to the position Yeas—Mayor Wharton, Council - of Public Health Nurse, said exami- men Murphy, Schueller, Thompson, nation being held on August 4th, Van Duelman. 1942. The following list shows the Nays—None. names of those who passed the ex- August 6, 1942. amination with an average of 70% To the Honorable Mayor or better: and City Council, Name Average Dubuque, Iowa. Naomi Lorenz ... ....................96.50% Gentlemen: This is to advise Lois E. Holthaus ......................87.00% that the term of Mr. J. K. Deming Hilda A. Philipp ......................83.00% as a member of the Police and Fire Respectfully submitted, Pension Boards expired on April 1, C. S. HARKER, 1942. An appointment should be Chairman. made at your earliest convenience FRANCIS P. QUINN, M. D., for the term beginning April 1, 1942, EDWIN F. STRUEBER, and expiring April 1, 1945. Commissioners. Respectfully submitted, J. J. SHEA, OTTO F. PULS, Clerk, Civil Service Com- Secretary, Police and Fire mission. Pension Boards. State of Iowa 1 ss. Councilman Murphy moved that County of Dubuque) Mr. J. K. Deming be re -appointed as Subscribed and sworn to before a member of the Police and Fire me a Notary Public in and for Du- Pension Boards for a term of three buque County, State of Iowa, this years, said term expiring April 1, 7th day of August, 1942. 1945. Seconded by Councilman GERALDINE L. DEMKIER, Schueller. Carried by the following Notary Public. vote Councilman Murphy moved that Yeas—Mayor Wharton. Council - the report be received and made a men Murphy, Schueller, Thompson, matter of record. Seconded by Van Duelman. Councilman Schueller. Carried by Nays—None. the following vote: Resolution No. 74-42 Yeas—Mayor Wharton, Council. Whereas, application for Class men Murphy, Schueller, Thompson, "B" Beer Permit has been submit - Van Duelman. ted to this Council for approval and Nays—None. the same has been examined; Now, August 4, 1942, therefore, In re: Claim of A. W. Suchan Be It Resolved by the Council of Honorable Mayor and the City of Dubuque that the follow - City Council, ing application be and the same is City of Dubuque, Iowa. hereby approved and it is ordered Gentlemen: With reference to the that the premises to be occupied by above claim which was filed July 20, such applicants shall be forthwith 1942, and referred to me for investi. inspected. gation and report, I have investigat- Class "B" Permit ed this matter and talked with the Name. Address. claimant. Melita Chase and Kathleen Dahl, His claim is for damages to claim- 1654 Central Avenue. (Transfer of ant's automobile caused by another address from 1643 Central Avenue). Special Session, .August 7th, 1942 165 Passed, adopted and approved t this 7th day of August, 1942, ALBERT WHARTON, t Mayor. F. W. THOMPSON, t FRANK VAN DUELMAN, o GEO. R. MURPHY, f B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None - Resolution No. 75-42 Whereas, heretofore application was filed by the within named appli- cants for Class "B" Beer Permit and it has 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 be is hereby directed to issue to the following named appli- cants a Beer Permit: Class "B" Permit Name Address Melita Chase and Kathleen Dahl, 1654 Central Avenue. (Transfer of address from 1643 Central Avenue). Be It Further Resolved that the bond filed by such applicants be and the same is hereby approved. Passed, adopted and approved this 7th day of August, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Messrs. John A. Kerper, Thomas M. Stampfer and Mark Gavin, Mem- bers of the Dock Commission, also Mr. M. H. Czizek, Attorney, repre- senting the Dock Commission, and Mr. C. P. Springer, Chicago, Illinois, Attorney, representing the Inter- state Power Company, addressed he Council asking that the City oin the Dock Commission in enter - rig into a proposed contract with he Interstate Power Company for he acquisition of property owned by the Interstate Power Company n City (Ham) Island in exchange or City -owned property, said prop- erty to be acquired for the purpose of carrying out the riverfront im- provement plan as adopted in the original City plan. After a lengthy discussion of this proposed contract City Solicitor Kintzinger advised Council of their rights in this mat- ter. Councilman Thompson moved that Council recess. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Council recessed at 9:45 p. in. and reconvened at 10:00 P. in. Upon reconvening of the Council Mayor Wharton stated that the members of the City Council had concurred in the opinion of the City Solicitor and had unanimously agreed not to have the City become a party to the contract. There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, cQy� City Clerk# 40L- ApproveaaAAlwlG'.`i AD _1142 Councilmen: ................ Attest: ... ..4•... City Clerk. 444-1 V6 Special Session, August 15th, 1942 City Council (Official.) Special Session, August 15th, 1942. Council met at 2:00 P. m. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Van Duel - man, City Manager R.homberg. 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 conducting a public hearing on the Budget Esti- mate of Expenditures for the fiscal year beginning April 1, 1943, and ending March 31, 1944, as aIasis for the tax levy for the year 1942, the same to be collected in the year 1943 and acting on any other busi- ness as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of a pub- lic hearing upon the Budget Esti- mate of Expenditures for the fiscal year beginning April 1, 1943. Coun- cilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Petition of Jas. F. Lee, 409 Al- mond Street, T. A. Polsean, 706 Seminary Street, and A. L. Mutsch- ler, 2460 Pennsylvania Street, tax. payers present at this meeting, hay. ing appeared and filed objections at the hearing of August 3rd; again ob• ject to the adoption of the proposed City Budget, for the reason that i1 is false and fraudulent in its pub lished detail and does not comply with provisions of the Budget Law and for other reasons as will be sel out in a protest to the State Appea Board, presented and read. Messrs Jas. F. Lee, T. A. Polsean and A. L Mutschler, signers of the petition objecting to the adoption of the pro Posed City Budget, were presen in the Council Chamber at the tim4 of the hearing upon the Budget EE timate of Expenditures. Council man Schueller moved that the peti tion be received and filed. Second ed by Councilman Murphy. Carrie by the following vote: Yeas—Mayor Wharton, Counci men Murphy, Schueller, Van Due. man. Nays—None. Absent—Councilman Thompson. Councilman Van Duelman moved hat the rules be suspended for the urpose of allowing any one present a the Council Chamber, who wishes D do so, to address the Council. leconded by Councilman Schueller. tarried by the following vote: Yeas—Mayor Wharton, Council- aen Murphy, Schueller, Van Duel- aan. Nays—None. Absent—Councilman Thompson. Special Session, August 15th, 1942 167 BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE -The City Council of Dubuque of Dubuque County, Iowa, will meet August 15th, 1942 at 2:00 P. M. at the City Hall. Taxpayers will be heard for or against the following estimate of ex- penditures for the year beginning April 1, 1943. A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearing. J. J. SHEA, 8-4-1t. City Clerk. General _-$ EXPENDITURES $ 259,802 $-_ __ $ 73,500) Grading FOR YEAR 25,570 38,900 12,000 16,900) Improvement _ 67,763 46,812 47.600 12,500 25,100) 248,802 c�. 2,101 2,930 5,700 ._._ _.-_ - -) Light Y__ % 36,917 N a N Obi dl r O U $ 383,802 -...y « M .•i o M N b �-' d a 0 E U cd d G cd d' 'd C z o cd 175,550 20,000 155,550 w 'o d �+ m a u •+ m a' F o, a w b T ----- -- 17,772 6,291 U o G .+ U F� rN 7 y ntH A d m d :; »Rp,M �°xm� vaoi�% ,e£Ocdr� mo.oE vcda Nu�o�i E _ ...._ __ _ 125,112 Fire Equip- Ta General _-$ 282,042 $255,244 $ 259,802 $-_ __ $ 73,500) Grading 47,920 25,570 38,900 12,000 16,900) Improvement _ 67,763 46,812 47.600 12,500 25,100) 248,802 Sewer ._ _ __ 2,101 2,930 5,700 ._._ _.-_ - -) Light Y__ 39,556 36,917 36,800 Consolidated Tax _ _--- $ 383,802 $24,500 $115,500 $248,802 waterworks 143,567 152,067 175,550 20,000 155,550 Garbage Disposal 16,803 13,944 17,772 ----- -- 17,772 6,291 Snow Removal 5,630 5,477 6,291 _-.• --- Fire Mainten- ance - _ ance 103,558 110,234 125,112 _ ...._ __ _ 125,112 Fire Equip- a ment _ 860 -,-- 12,476 _ _._ __� Road, (Agri. 92 Land) Main Sewer __ 105 16,343 102 17,291 92 13,115 -- - ---_ g,000 13,115 31,093 Library -..._ Park_ 29,383 21,658 30,690 23,349 33,093 25,465 _ 2,500 750 22,215 Playground 14,5S7 14,5S7 15,301 15,799 -4,000 3,075 8,500 12,724 17,310 Dock operation 51,128 22,431 29,810 Firemen's Pen -18,554 sion - 19,091 19,276 20,354 1,000 Firemen's Re- lirement .._ 1,690 5,393 2,559 - -- -- 2,559 Policemen'sfi00 Pension 11,722 11,791 14,223 2,000 11,623 Policemen's Retirement 597 3,708 1,706_._._ -• -- 1,706 22,215 Emergency .�_. Dock Bonds _... 33,518 34,355 36,988 39,753 22,215 37,046 .._.. _.._.. 2,000 �. --•-- - 35.046 76,667 General Bonds 108,743 82,085 76,G67 _ .__.. _.._.._. TOTALS $957,353 $1,018,147 $56,000 $286,775 $675,372 _....41,032,720 Estimated Taxes per $1,000.00 of assessed value $18.997. $34,667,808 Taxable valuation (1941) -- - $ 8,758,084 Moneyand credits (1941) s ---..... Mills _------ 206,895 Moneys and credits (1941) `---- -----2 Resolution No. 76-42. 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, 1943, and ending March 31, 1944, and the hearing upon said Budget Estimate was fixed for the 15th day of August, 1942, at 2:00 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 con- sideration by the Council; and Whereas, certain taxpayers ap- peared at this hearing and filed and presento said Budget Estimate directed atntcertainitems therein; and Whereas, all taxpayers and per- sons appearing at this hearing were given an opportunity to be heard either in favor of or against said estimate; and Whereas, this Council, after full has weigh- eddand pconsderedsall objections 168 Special Session, August 15th, 1942 made to said estimate; Now, there- fore,. Be It Resolved by the City Coun- cil of the City of Dubuque that all objections made and filed by tax. payers to said estimate be and the same are overruled and said objec- tions are ordered received and filed; Be It Further Resolved that the Budget Estimate of Expenditures for the fiscal year beginning April 1, 1943, and ending March 31, 1944, heretofore prepared and published be and the same is hereby finally ap- proved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Du- buque County, Iowa, together with the verified proof of publication and the notice of hearing upon said Budget Estimate. Be It Further Resolved that the taxes required to be collected in the year 1943 be and the same are here- by levied in the various funds in the amounts shown in said Budget Esti- mate. Passed, adopted and approved this 15th day of August, 1942. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Resolution No. 77-42 A resolution establishing the tax levies for the year 1942, the taxes to be collected in the year 1943 and used for municipal purposes of the City of Dubuque. Be It Resolved by the City Coun- cil of the Cty of Dubuque that there be and there is hereby levied the taxes for municipal purposes for the ensuing year 1943 of the follow- ing number of mills on the dollar of all taxable property within the cor- porate limits of said City. 7.000 mills for Consolidated Tax as provided for by Section 6217 of the Code of Iowa, 1939. 2.157 mills for General Bonds and Interest Fund. 3.520 mills for Fire Maintenance Fund. 0.351 mill for Fire Equipment 0.327 mill for Police Pension Fund. 0.048 mill for Police Retirement Fund. 0.522 mill for Fire Pension Fund. 0.072 mill for Fire Retirement Fund. 0.873 mill for Library Fund. 0.369 mill for Main Sewer Fund. 0.358 mill for Playground and Swimming Pool Fund. 0.487 mill for Dock Fund. 0.986 mill for Dock Bond and In- terest Fund. 0.177 mill for Snow Removal Fund. 0.625 mill for Emergency Fund. Be It Further Resolved, that 2.123 mills on 'the dollar is hereby levied upon all lots or parcels of land con- taining ten acres or more which are occupied in good faith and used for agricultural or horticultural pur- poses. Be It Further Resolved, that all property within the corporate limits of said City is hereby determined to receive benefits from each of the said tax levies. 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 adopt- ed by this Council on the 15th day of August, 1942, to the Auditor of Dubuque County on or before Aug- ust 15th, 1942. Passed, adopted and approved this 15th day of August. 1942. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second. ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - Fund. 0.500 mill for Garbage and Street Cleaning Fund. 0.625 mill for Park Fund. man. Nays—None. Absent—Councilman Thompson. Mr. Henry Bradley, operator of the Roller Skating Rink at 19th and Elm Streets, addressed the Council requesting that he be permitted to operate until September 1st, as his rent has been paid until that date and if compelled to close at this date that it would cause him a finan- cial loss. Mr. Al. Feipel addressed the Council requesting that the Roller Skating Rink operated by Mr. Henry Bradley at 19th and Elm Streets be ordered discontinued as the same is a nuisance in the neigh. borhood. Ordinance No. 21-42. An Ordi- Special Session, August 15th, 1942 169 mance regulating and prohibiting Section G. Every roller skating the operation of roller skating rinks rink shall be kept at all times in in certain places in the City of Du- a clean, healthful and sanitary con- buque, describing roller skating dition, and while any skating is held rinks, providing for revocation of therein, the entire skating rink and license, for a penalty for the viola- all rooms connected therewith, and tion hereof and repealing any and all sidewalks and passage ways all Ordinances or parts thereof in leading into such rink shall be kept conflict herewith, said Ordinance open and well lighted at all times. having been passed upon first and Section 6. Any person, firm or second readings on August 7th, corporation conducting or operat- 1942, and ordered placed on file with ing a roller rink shall not permit the City Clerk for public inspection in such rink or on the premises on for at least one week before its final which such rink is situated: adoption, presented and read a third time. Ordinance No. 21-42 An Ordinance regulating and pro- hibiting the operation of roller skat- ing rinks in certain places in the City of Dubuque, describing roller skating rinks, providing for revoca- tion of license, for a penalty for the violation hereof and repealing any and all Ordinances or parts thereof in conflict herewith. Be It Ordained by the City Council of the City of Dubuque: Section 1. It shall be unlawful for any person, firm or corporation to conduct in the City of Dubuque a roller skating rink, unless the writ- ten consent of 80 per cent of the resident property owners within Two Hundred (200) feet from the location of said roller skating rink is first secured and filed in the office of the City Clerk. Section 2. A roller skating rink, within the meaning and intent of this Ordinance is hereby defined to be any room, place, floor, or space in which roller skating is conducted or allowed, and where admission can be had by the payment of a fee or by purchase, possession or pre- sentation of a token or ticket, or in which a charge is made for the care of clothing or other property, or for the rental of roller skates, or where the public generally may gain ad- mission with or without the pay- ment of a fee for roller skating. Section 3. By "resident property owner" is meant the owner or own- ers of property that is being occu- pied by people as homes, or places In which to live. Section 4. The license of any roll- er skating rink shall be revoked by the City Manager for disorderly or Immoral conduct on the premises or for the violation of the provisions Of this Ordinance. If at any time the license of a roller skating rink shall be revoked, at least six months shall elapse before another license shall be granted for the use of the same premises as a roller skating rink. (a The presence of any person sixteen (16) years of age or less after 9:30 o'clock p. in. of any day unless accompanied by his or her parent or lawful guardian. (b) The use of any intoxicating liquor or drug. (c) The presence of any person under the influence of intoxicating liquor or drug. (d) The presence of any person having in his possession or offering for sale, selling or giving away, any intoxicating liquor or drug. (e) The presence of idlers, loit- erers, or other hangers-on. Section 7. No loud or unusual noises shall be permitted upon said premises, nor shall any music be played unless such music shall be so controlled as not to constitute a nuisance. Section 8. All public roller skat- ing rinks shall be closed on or be- fore the hour of 10:30 o'clock on each and every night and no such public roller skating rink shall be open or any skating permitted be- tween such closing hourand the hour of 2:00 o'clock P. in. next fol- lowing. Section 9. All ordinances or parts of ordinances in conflict here- with are hereby repealed. Section 10. Any person, firm or corporation who violates any of the provisions of this ordinance shall be deemed guilty of a misdemean- or and upon conviction thereof shall be fined not more than $100.00 and in default of such fine shall be im- prisoned for a period not exceed- ing 30 days. Section 11. This ordinance, be. ing deemed urgent, and iinf theand in- terest of public health, convenience shall be in force and effeer its final pass, ct from and af�oval by the City age, adoption, app Council and publication as by law provided. Passed upon first and readings this 7th day of August! 1942. 170 Special Session, August 15th, 1942 Passed, adopted and approved up- on final readings this 15th day of August, 1942. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 1st day of September, 1942. J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the Ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Communication of The Interna- tional City Managers' Association, extending invitation to attend the Annual Conference of The Interna- tional City Managers' Association to be held at French Lick, Indiana, on October 11-15, inclusive, presented and read. Councilman Murphy mov- ed that the invitation be accepted and the City Manager and Members of the City Council, who desire to do so, be authorized to attend the convention. Seconded by Council. man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Petition of Le Roy Weidemann, et al, requesting that a street light be placed at the end of Quigley Lane, Presented and read. Councilman Van Duelman moved that the peti- tion be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel. man. Nays—None. Absent—Councilman Thompson. Petition of St. John the Baptist Church, Peosta, Iowa, requesting permission to hang a banner across Main Street between 8th and 9th Streets, presented and read. Coun- cilman Murphy moved that the re- quest be granted and that the erec- tion of said banner to be done under the supervision of the Building Commissioner. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Petition of Mrs. Ella Pauley, re- questing Council to make an inspec. tion of the alley in the rear of 2829 Burden Avenue as said alley is not properly graded, presented and read. Councilman Schueller 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 Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Petition of the Fraternal Order of Eagles, requesting permission to build a loading platform in the rear of their building, said platform to extend into the alley for a distance of three feet, presented and read. Councilman Schueller 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 Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Petition of the Mettel Realty & Investment Company requesting re- lease of the Class "C" Beer Bond of Ray E. and Arelene Duttle as they have sold their business, presented and read. Councilman Murphy moved that the request be granted and the bond ordered released as of August 15th, 1942. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: We, the undersigned owners of property on Gandolfo Street from Dodge Street to St. Jos- eph Street, respectfully request that the width of the street from curb to curb be fixed at 36 feet instead of 30 feet as proposed. We waive any and all claims for damage that we might have because of the change of width between curb. Andrew, Jos- eph and Teresa McGrath, 24 Gan- dolfo Street; Frances McGrath, 30 Gandolfo Street; Mrs. Alice Ben- nett, 20 Gandolfo Street; George and Virginia Hinkel, 45 Gandolfo Street; Fred Beau, 67 Gandolfo Special Session, August 15th, 1942 171 Street; Thomas G. Haught, 75 Gan- men Murphy, Schueller, Van Duel. dolfo Street; Leo E. McMahon, 84 man. Gandolfo Street; Harry Shaw, 93 Nays—None. Gandolfo Street; Mrs. Jas. L. Kritz, Absent—Councilman Thompson. 64 Gandolfo Street; Gregory T. August 12, 1942. Laube, 92 Gandolfo Street; Minnie In re: Claim of Mrs. P, J. Fury E. Addyman, 81 Gandolfo Street; Honorable Mayor and Thos. J. McGrath, 30 Gandolfo City Council, Street, Howard and Anna Havens. City of Dubuque, Iowa. Councilman Murphy moved that the Gentlemen: With reference to petition and waiver be received and the claim of Mrs. P. J. Fury for made a matter of record and the re- $300.00 filed February 17, 1942, and quest ordered complied with. Sec- referred to me for investigation and by Councilman Van Duelman. report, I wish to state: onded Carried by the following vote: On December 30, 1941, Mrs. Fury Yeas—Mayor Wharton, Council- claims that near the corner of Mt. men Murphy, Schueller, Van Duel- Loretta and Rush Streets she fell man. on a sidewalk that was covered with Nays—None. ice and snow, that the same was Absent—Councilman Thompson. dangerous and defective, that she Dubuque, Iowa, August 10th, 1942. sustained a compound fracture of To the Honorable Mayor her right arm near the wrist and and City Council, other injuries; that she was unable Dubuque, Iowa. to do any housework until the latter Gentlemen: In accordance with part of May, 1942. That she in - the provisions of Chapter 289 of the curred a doctor bill and other ex - State Code of Iowa, 1939, the Civil penses somewhere in the neighbor - Service Commission conducted a hood of $150.00. That after investi- examination for eligible gation in this matter and consulta- competitive list for appointment to the position tion with Mrs. Fury, she has agreed of Clerk in the office of the City to accept $100.00 in full settlement Water Department, said examina- of any and all claims she has against tion being held on August 6th, 1942. the City. The following list shows the names I recommend that her claim be of those who passed the examina- allowed in the sum of $100.00, that tion with an average of 70% or a warrant be issued payable to her and the same be better: Name Average for that amount delivered to her upon execution and Robt. P. Pflffner .................... 96.16% delivery to the City of a proper re - Chas. J. Abraham ...................88.33% ................87.00% Chas. L. Coffee ...... lease. Respectfully submitted, Maurice L. Carew ........ ..... . 86.33% JOHN J. KINTZIN GER, City Solicitor. Jos. Loewen _ _.• • -.•.........83.34% ..... Walter It. Jahn ............. ......80.67% Councilman Murphy In that of City SOlic" Milton R. Kirmse ...................78.34% Merton M. Milson ...................75.83% the recommendation for Kintzinger be approved and that be instructed to John J. Rettenmeier ..............75.83% the City Auditor in the amount of Earl J. Jochum....75.00% Robt. P. Dietl draw a warrant $100.00 in favor of Mrs. P. J. Fury .... ....................72.83% Respectfully submitted, as settlement in full of her claim be delivered C. S. HARKER, and that said warrant the receipt of a proper release Chairman. FRANCIS P. QUINN, M. D., upon to the City. Seconded by Council - Carried by the fol - EDWIN F. STRUEBER, man Schueller. Commissioners. lowing vote: — Council - Yeas --Mayor Wharton, J. J. SHEA, Clerk, Civil Service Com- men Murphy, Schueller, Van Duel - mission. State of Iowa, man. Nays—None. Thompson, County of Dubuque I ss' Absent—Councilman August 14, 1942. Subscribed and sworn to before Mayor, me a Notary Public in and for Du- Hon. Albert Wharton, the City Council, buque County, State of Iowa, this and Members of 11th day of August, 1942. Dubuque, Iowa. I herewith submit GERALDINE L. DEMKIER, Gentlemen: report on the Service Notary Public. Councilman Van Duelman moved the following Club, 951i/ Main Street, Dubuque, er- the ho of. Class Permit that the report be received and Iowa, was The made a matter of record. Seconded mit No. 72. 1st, 1942. this club on by Councilman Schueller. Carried issued to that on You are herebywarrant by the following vote: a search Yeas—Mayor Wharton, Council- August 10, 172 Special Session, August 15th, 1942 was delivered into my hands direct- ing a search for gambling devices and liquor. Five slot machines were found in this club together with a quantity of liquor and some punch boards. Also on the premises of this club a couple, not man and wife, were found in bed with scarcely any clothes on. This couple are alleged to be employees of this club. On August 11th, 1942, A. P. Frey - mann, the manager of this club, pleaded guilty to the charge of pos- session of gambling devices in the District Court of Dubuque and was fined $500.00 and costs by the Hon. Milton J. Glenn. The fine was paid. Also on August 11th in the Dubuque Police Court the couple found in bed defaulted bonds of $25.00 each. Because of the disorderly conduct of the Service Club, A. P. Freymann, its manager, and other employees, and the above cited violations of law, I hereby recommend that the City Council of the City of Dubuque proceed under the provisions of Chapter 1921.125 Code of Iowa and Ordinance No. 9-35 City of Dubuque, and that the Class "B" Beer Permit No. 72 issued to the Service Club on July 1, 1942, be revoked forth- with. Respectfully yours, JOS. H. STRUB, Chief of Police. Councilman Murphy moved that the communication and recommen- dation of Chief of Police Strub be received and made a matter of rec- ord. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Resolution No. 78-42 Whereas, this Council, on the 1st day of July, 1942, caused to be is- sued a Class "B" Beer Permit for Private Club bearing the Number 72 to The Service Club, operating a tavern at 9511/2 Main Street in the City of Dubuque; and Whereas, it has come to the at- tention of this Council that the own- er and holder of said permit has conducted this place of business in a disorderly manner and otherwise in violation of law; Now, therefore, Be It Resolved by the City Coun- cil of. the City of Dubuque that Class "B" Beer Permit for Private Club No. 72, heretofore issued to The Service Club, be and the same is hereby revoked and the Chief of Po- lice is directed to take up such per- mit forthwith and return the same for cancellation. Passed, adopted and- approved this 15th day of August, 1942. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, CEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. August 10, 1942. To the Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, also a list of claims and payrolls for which warrants were drawn during the month of July, 1942. 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 follow- ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Resolution No. 79-42 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 follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. Name Address Vincent B. Schwartz, 1105 Wal- nut Street. Passed, adopted and approved this 15th day of August, 1942. ALBERT WHARTON, ;Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Special Session, August 15th, 1942 1i3 Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Resolution No. 80-42 Whereas, heretofore application was filed by the within named ap- plicant for Class "C" Beer Permit and it has received the approval of this Council; and Whereas,'the premises to be occu- pied by such applicant have been inspected and found to comply with the ordinances of this City and he has filed a proper bond: Now, There- fore, 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 Vincent B. Schwartz, 1105 Walnut Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 15th day of August, 1942. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY. B. A. SCHUELLER, 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 Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Councilman Schueller moved that Council recess for the purpose of inspecting the new American La France Fire Truck. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. Council recessed at 3 P. M. and reconvened at 3:55 p. m. August 15, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is the re- port of the Pumper Test Results of the new American LaFrance 750 - gallon triple combination fire truck. The pumper having met the require- ments, I recommend its acceptance by the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved and that the City Manager be auth- orized and instructed to negotiate for adjustments on the purchase price of said Fire Truck because of substituted or omitted materials caused by the war emergency. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. There being no further business, Councilman Schueller moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Van Duel - man. Nays—None. Absent—Councilman Thompson. J. J. SHEA, ity Clerk Approved .1942. n : _nA Councilmen: Attest: �.. •••--� Q� City Clerk. Regular Session, September 7th, 1942 175 City Council (Official.) Regular Session, September 7th, 1942. No members of the Council being present on roll call, the meeting was postponed) subject to call. City Clerk. L uuOw APProved J •••••• Adopted Councilmen: Attest: .... �i • � ..... U City Clerk. 178 Adjourned Regular Session, September 8th, 1942 he has discontinued business as of August 19, 1942, presented and read. Councilman Thompson moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $75-00 in rdon to cover favor theamount of Elmer ofundgranted on the unexpired portion of his cigarette permit No. 139. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Petition of Edgar Kolfenbach re- questing a refund in the amount of $12.00 which amount was paid for a building permit on April 4th, 1942, for the construction of a single fam- ily dwelling for Clarence Carney at 1290 South Grandview Avenue as he is unable to use this permit on account of Federal Government Re- strictions, presented and read. Councilman Schueller moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $12.00 in favor of Edgar Kolfenbach to cover the amount of refund granted on said building permit. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Petition of Geo. B. Collinson, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on lots 17, 18, 19, 20, 21, 22, 23 and 24 in Block 2 of Grandview Park Addi. tion, presented and read. City Solicitor Kintzinger recom. mending that the petition be ap. proved. 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 Thompson. Carried by the follow. ing vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 1, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The undersigned, Paul Rossiter, Building Commissioner of the City of Dubuque, has enlisted in the Nay. al Reserves of the United States. I respectfully request your honor- able body to grant me a leave of absence as provided for by Resolu= tion No. 14-41 of the City of Du- buque. Respectfully petitioned, PAUL ROSSITER, Building Commissioner. Councilman Schueller moved that the request be granted and the com- munication made a matter of rec. ord. Seconded by Councilman Mur. phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 2, 1942. J. J. Shea, City Clerk, Dubuque, Iowa. Dear Mr. Shea: Please accept and place on file in your office the attached compre- hensive general plan for the im- provement of the water front. Yours very truly, Board of Dock Commissioners, City of Dubuque, Iowa, By J. A. Kerper, President. Councilman Van Duelman moved that the communication be received and the comprehensive general plan for the improvement of the water front placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and 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 dur- ing the month of July, 1942, pre- sented and read. Councilman Schueller 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 Murphy, Schueller, Thompson and Van Duelman. Nays—None. Council Proceedings for t h e month of June, 1942, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of June, 1942, be ap- proved as printed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Communication of C. R. Living- ston, Asst. Dist. Engr., Iowa State Highway Commission, submitting a supplemental contract covering the Adjourned Regular Session, September 8th, 1942 179 work of reconditioning Dodge Street for the application of bituminous surfacing, presented and read. Councilman Thompson moved that the Mayor be authorized to execute the supplemental contract, covering the work of reconditioning Dodge Street for the application of bitum- inous surfacing, on behalf of the City of Dubuque, Iowa. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. SUPPLEMENTAL CONTRACT County Dubuque. City, Dubuque. Primary Road Extension Maintenance. This written duplicate memoran- da of agreement made and entered into by and between the City of Dubuque, Iowa, Party of the First Part, and the Iowa State Highway Commission, Ames, Iowa, Party of the Second Part. Witnesseth: In consideration of the perform- ance by the Party of the First Part, of maintenance work specified be- low during the period July 1st, 1942, to June 30th, 1943, Second Party agrees to pay First Party, the amounts stipulated herein. Party of the First Part agrees to perform for the Party of the Sec- ond Part, all routine maintenance operations in the City of Dubuque on extensions of primary roads spe- cifically described as follows: Rou- tine Maintenance covered by orig- inal contract dated July 29th, 1942. Total Miles ............ at $................ per mile; Total Routine Maintenance— $ ....................... It is understood that "routine maintenance operations" shall in- clude surface maintenance, road bed repairs, repairs to bridges, cul- verts and guard rail, weed cutting, snow plowing, and other mainten- ance usually performed on primary roads outside of cities and towns. Routine maintenance of paved streets shall extend from curb to curb. Snow plowing included in routine maintenance will apply to a width of approximately 30 feet. The hauling and disposal of the snow plowed from the 30 foot sec- tion is not included in this contract. Party of the First Part further agrees to perform special mainten- ance work for the Party of the Sec- ond Part on the above designated extensions. This special mainten- ance work is specifically described as follows: Surface repairs to Dodge Street from Bryant Street following the removal of street car tracks. 1760 square yards at 0.30 equals 1528.00. Total Special Maintenance $528.00 Total Contract Amount ........ $528.00 In Witness Whereof, the Parties hereto have set their hands, for the purpose herein expressed on this 8th day of September, 1942. Recommended for Approval Sept. 10, 1942. C. R. LIVINGSTON, Engineer, DUBUQUE, IOWA. City. By Albert Wharton, Mayor. First Party. IOWA STATE HIGHWAY COM. By A. A. Horst, Second Party. September 23, 1942. September 8, 1942. In re: Claim of Mabel Fay Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim of Mabel Fay, claiming $102.19 for actual damages caused by her falling on an alleged defec- tive sidewalk on 15th and Iowa Streets, I have investigated this claim and after investigation and discussion with the claimant, she has agreed that if she is paid $50.00 that she will accept the same as full settlement of any and all claim she has or may have against the City. I recommend that she be allowed $50.00 in full settlement of her claim and that a warrant be issued payable to her order for said amount and delivered to her upon the exe- cution and delivery by her to the City of a proper release. Yours truly, JOHN J. I{INTZINGER, 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 $50.00 in favor of Mabel Fay as settlement in full of her claim and that said warrant be delivered upon the exe- cution and delivery to the City of a proper release. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 3, 1942. In re: Claim of Dairy Despatch Co. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the above claim for $51.65, damages for tire, I have investigated this matter, talked with the driver of 180 Adiourncd Regular Session, September 8th, 1942 the truck, and learn that the driver of the truck knew where the man- hole was, had seen it a short time before he ran into it, but claims that because of the dust from the car in front of him was unable to see and that the City should pay for the damages. I am of the opin- ion that there is no liability for the claim and that the same should be denied. I am returning the claim. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Schueller moved that the recommendation of City SOlici- tor Kintzinger be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. August 31, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In reference to the claim of Mrs. Margaret Noel for $105.45 in which she claims dam- ages caused when she fell on an icy sidewalk on January 3, 1942, on Eighth Street near Main Street, I have investigated this matter and from my investigation and talks with the claimant, I am of the opin- ion that there is no liability and recommend that this claim be de- nied. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Schueller moved that the recommendation of City Solici- tor Kintzinger be approved. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 2, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted in Profile No. 1304, showing the proposed grade of Lombard Avenue from Algona Street to Fremont Avenue. I recommend that the pro- posed grade be approved as shown on Profile No. 1304 and that an Ordinance be passed establishing such grade in Lombard Avenue. 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: Teas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Ordinance No. 22-42. Au Ordinance establishing a grade on Lombard Avenue from Al- gona Street to Fremont Avenue, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and 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 Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. The ordinance was then read a second time. Councilman Thompson m o v e d that the reading just had be con- sidered the second reading of the ordinance. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. 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 Counciman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. August 21, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policy and desire to have your approval on same for filing: PERSONAL Robert F. Pfiffner, Clerk in City Water Department, U. S. Fidelity & Guaranty Co. TAXI -CAB Radio Cab Company (John S. Young), 24 East Fifth Street, PolicY No. AS 305539, Anchor Casualty Co. EXCAVATION Richard J. Burke, 130 West 13th Adjourned Regular Session, September 8th, 1942 181 Street, Bond No. 718345, American Bonding 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 Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 8, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On August 18, 1942, Mrs. Melita Chase and Miss Kath- leen Dahl made application for cig- arette permit and posted the fee of $100.00 which was deposited with the City Treasurer to the credit of the above. The resolution author- izing the issuance of the permit has not been acted on by the City Council because no meeting was held since the filing of the appli- cation. The applicants now desire the withdrawal of their applica- tion and the refund of the $100.00 deposit. I recommend that a warrant in the amount of $100.00 be drawn on the General Fund in favor of Mrs. Melita Chase and Miss Kathleen Dahl to repay the deposit. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Schueller moved that the recommendation of City Manag- er Rhomberg be approved and the City Auditor instructed to draw a warrant in the amount of $100.00 on the General Fund in favor of Mrs. Melita Chase and Miss Kath- leen Dahl to repay the deposit in the amount of $100.00 posted with their application for a cigarette per- mit and which application has now been withdrawn. Seconded by Coun- cilivan Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 8. 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held July 21st, the Petition of Carl Launspach request- ing the vacation of the alley abut- ting Lot 146 and Lot 1 of 1 of 2 of 131 in Finley Addition and further requesting that the Council convey the same to him by deed was re- ferred to the Council to view the grounds. On September 7th the Council viewed the grounds and decided that the petition be referred to the Planning and Zoning Commission for recommendation and report. 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 and the decision of the Council con- firmed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 8, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held August 15th, the petition of the Fraternal Order of Eagles requesting permission to erect a loading platform extending three feet into the alley abutting the South one-half of City Lot 100 was referred to the Council to view the grounds. The Council viewed the premises on September 7th and decided to grant the request. I recommend that the decision of the Council be confirmed and an ordinance be drawn granting the Fraternal Order of Eagles permission to construct and maintain a loading platform. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved and the decision of the Council con- firmed and the City Solicitor to be instructed to prepare a proper or- dinance. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 8, 1942. To the Honorable Mayor and City Council, Gentlemen: At the session of the City Council held July 6th, the pe- tition of A. J. Stolteben requesting the Council to view the alley first south of Dodge Street and calling attention for the need of surfacing 182 Adjourned Regular Session, September 8th, 1942 that would not be washed away waE referred to the Council to view the grounds. The Council viewed the site on September 7th and instructed the Manager to confer with the pro; perty owners concerning the cost of surfacing and decided that if the abutters agreed to pay for the sur• facing that the City would proceed with the grading of the alley. 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 Man- ager Rhomberg be approved and the decision of the Council confirmed. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 8, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held August 15th, the petition of Mrs. Ella Pauley request- ing the grading -of the alley in the rear of 2829 Burden Avenue was referred to the Council to view the grounds. On September 7th the Council viewed the site and observed that the Street Department had correct- ed the condition complained of. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Manager Rhomberg be made a matter of rec. ord. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson and Van Duelman. Nays—None. September 8, 1942. Hon. Albert Wharton, Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: I herewith submit the following report on Eugene P. McCann holder of Class B Beer Per. mit No. 112, operating a tavern at 802 Iowa Street, Dubuque, Iowa. This permit was issued to the above named person on October 7, 1941. On September 2, 1942, during a District Court hearing on burglary charges against one Duane Brug- man, it was revealed that this youth, nineteen years of age, had on sev- eral occasions been served drinks by Eugene McCann at his tavern at 802 Iowa Street. The Court at that time instructed the Chief of Police and the County Attorney to investigate the operation of the tav- ern operated by Mr. McCann. As a result of this investigation charg. es were filed against Eugene Mc. Cann on possession of liquor on the premises of a Class B permit hold. er and sale of same to a minor. On September 5th, 1942, Mr. McCann in the District Court of Dubuque County entered a plea of guilty to the above charge and was fined $300.00 and the costs of the action. Because of the above cited viola- tion of law and conviction thereof it is hereby recommended that the City Council proceed under the pro. visions provided by Chapter 93.2, Section 1921.125, 1939 Code of Iowa; Chapter 114, Section 2, 49th G. A. Code of Iowa and Ordinance No. 9-35 of Dubuque, Iowa, and revoke forthwith permit No. 112 issued to Eugene B. McCann. Respectfully submitted. JOS. H. STRUB, Chief of Police. Councilman Thompson moved that the report and recommenda- tion of Chief of Police Strub be re- ferred to the City Solicitor for in. vestigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Resolution No. 81-42 Be It Resolved by the City Coun- cil of the City of Dubuque that it is deemed necessary and advisable to construct sidewalks along the fol- lowing streets abutting each of the following described properties: On White Street abutting the West 170 feet of Lot 300, Davis Farm Addition, owned by Albert Fluckiger. On White Street abutting the West 170 feet of Lot 317, Davis Farm Addition, owned by Albert Fluckiger. On Avoca Street abutting Lot 331, Woodlawn Park Addition, owned by W. F. Abbey. Each of the above sidewalks to be constructed in accordance with the ordinances and sidewalk specifica- tions of the City of Dubuque. Be It Further Resolved that in each of the above cases notices be served on the property owners, ad- vising of the adoption of this reso- lution and giving them ten days from the date of service of such notice in which to construct such Adjourned Regular Session, September 8th, 1942 183 sidewalk themselves in the event they desire to do so. Be It Further Resolved that in the event the property owner fails to construct said sidewalk in the time set out in the notice that the City Clerk be and he is hereby in. structed to advertise for bids for the construction of said sidewalks and that the cost and expense of said work shall be assessed against the various lots or parcels of real estate as provided by law. Passed, adopted and approved this 8th day of September, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Resolution No. 82-42 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 pa- pers within said City and the Man- ager is directed to issue such per- mit on behalf of said City. John A. Armstrong and Harriet M. Armstrong, 398 Main Street. Emil C. Leiser, 1255 Central Av- enue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 8th day of September, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. See- onded by' Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Resolution No. 83-42 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 following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Harry Grode and Viola Grode, 1638 Central Avenue. Patrick R. Kennedy and Minnie Kennedy, 2412 Central Avenue. John A. Hochberger and William Hochberger, 1701 Asbury Street. John A. Armstrong and Harriett Armstrong, 398 Main Street. George Nardin, 1105 University Avenue. Alois O. Weitz and Nellie M. Weitz, 201 East 22nd Street . Emil C. Leiser, 1255 Central Av- enue. CLASS "B" PERMIT FOR PRIVATE CLUB 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 8th day of September, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman :Murphy moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. I 1 i Adjourned Regular Session, September Sth, 1942 Resolution No. 84-42 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits 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 applicants a Beer Permit. CLASS "B" PERMIT Harry Grode and Viola Grode, 1638 Central Avenue. Patrick R. Kennedy and Minnie Kennedy, 2412 Central Avenue. John A. Hochberger and William Hochberger, 1701 Asbury Street. John A. Armstrong and Harriett Armstrong, 398 Main Street. George Nardin, 1105 University Avenue. Alois G.' Weitz and Nellie M. Weitz, 201 East 22nd Street. Emil C. Leiser, 1255 Central Av- enue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Lodge No. 355, Loyal Or- der of Moose, 1379 Central Avenue. 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. Passed, adopted and approved this 8th day of September, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. ' NaYs—None. Application of the Hawkeye Lodge of Dubuque, Iowa, for a Class "B" Beer Permit for Private Club, presented and read. Councilman Murphy moved that the application be referred to the City Council for investigation. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Application of the North End Choral Club for a Class "B" Beer Permit for Private Club, presented and read. Councilman Schueller moved that the application be referred to the City Council for investigation. Sec. onded by Councilman Murphy. Car. ried by the following vote: Yeas—Mayor Wharton. Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Resolution No. 85-42. RESOLUTION OF THE CITY COUNCIL OF DUBUQUE ,IOWA Whereas, the Board of Commis- sioners of Public Docks of the City of Dubuque, Iowa, has spursuant to the authority vested in it by statute, prepared a comprehensive general plan for the improvement of the harbor and water front of said city, copy of which plan is on file in the office of the Clerk of said city; and Whereas, in the carrying out of said plan said Board of Commis- sioners of Public Docks, acting for and on behalf of the city of Du- buque, Iowa, has entered into a cer- tain contract with the Interstate Power Company of Dubuque, Iowa, copy of which contract is on file in the office of the Clerk of said city; and Whereas, said contract provides among other things, for an ex- change of properties which will re- quire vacation of parts of certain streets and alleys hereinafter de- scribed, and a deed of conveyance from the city to said Interstate Power Company of certain lands now belonging to said city, includ- ing the vacated portions of said streets and alleys; and Whereas, vacation proceedings for the purposes herein stated are. or will immediately be instituted; Now Therefore, in consideration of the premises and in order to enable said contract to be carried out and performed by said city. Adjourned Regular Session, September 8th, 1942 185 acting through its said Dock Com- mission, and in order to do what- ever is needful for the City Coun- cil to do in order to assist in car- rying out said plan, it is hereby Resolved by the City Council of Dubuque, Iowa, that when said va- cation of streets and alleys has been accomplished the Mayor and City Clerk shall be and they are hereby authorized to execute and place in the hands of said Board of Dock Commissioners, for the pur- poses herein stated, a proper deed conveying to the said Interstate Power Company (using such terms of description as may then be ap- propriate for that purpose if any part or all of the premises be in the meantime platted or re -platted) the premises now described and iden- tified as follows, to -wit: (a) All of the alley through Block Twelve (12) in Dubuque Har- bor Improvement Company's Addition to the City of Du- buque (exclusive of what has been described in Paragraph One (1) of said Contract as pro- perty to be conveyed by the In- terstate Power Company to the City of Dubuque), and all that part of the alley in Block Four- teen (14) of said Addition as lies east of the extension of the property line between lots Eight (8) and Nine (9) of said Block Fourteen (14) and Lots Twenty-eight (28) and Twenty- nine (29) of said Block Four- teen (14), and that portion of Cedar Streets as lies between the alleys in said Blocks Twelve (12) and Fourteen (14). (b) A tract beginning at a point Thirty-two (32) feet southeast- erly of the southeast corner of Lot Fifty-five (55), Block Twelve (12), Dubuque Harbor Improvement Company's Addi- tion to the City of Dubuque, on the north line of Commercial Street extended one-half across Market Street, thence in a southwesterly direction along the center line of Market Street to a point Twenty (20) feet northeasterly of the easterly and westerly alley line on the northerly side of the alleys in Blocks Ten (10) and Thirteen (13), Dubuque Harbor Improve- ment Company's Addition to the City of Dubuque, thence gen- erally northwesterly along a straight line Twenty (20) feet northeasterly of and parallel to the northeasterly alley line in Block Thirteen (13), across Lot Sixteen (16) and Commercial Street, to a point of intersection with the present property line of Interstate, on the southerly line of Lot Fifteen (15), Block Thirteen (13), thence easterly along the southerly property line of Lot Fifteen (15) Du- buque Harbor Improvement Company's Addition, to the southerly corner of Lot Fifty- five (55), Block Twelve (12), Dubuque Harbor Improvement Company's Addition, thence southeasterly to the point of beginning. (c) Any and all real estate which may lie between property of In- terstate in Block Twelve (12) and Fourteen (14) in Dubuque H a r b o r Improvement Com- pany's Addition and Lot One (1) of One (1) of One (1) of One (1) of Congressional Lot Eight (8) in City of Dubuque, Iowa, and the Dock Harbor Wall on the mainland side as and wherever the same may be finally constructed so that there will be no land between said property and said wall owned by parties other than Interstate. excepting and reserving from said conveyance an easement and right- of-way, upon and across said prem- ises for the new storm sewer re- ferred to in Paragraph 3 of said contract, the location of which storm sewer is shown on plat at- tached to the contract heretofore re- ferred to as Exhibit C. Passed and approved this 8th day of September, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- ouded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- 186 .Adjourned Regular Session, September 8th, 1942 men Murphy, Schueller, Thompson and 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 Murphy, Schueller, Thompson and Van Duelman. Nays—None. J. J. SHEA, City Clerk. Approved,.194� Adopted 4 >> r� v fv Councilmen: � l&*rt//Luv--' Attest: ... .,... ........ v City Clerk. Special Session, September 18th, 1942 187 City Council (Official) Special Session, September 18th 1942. Council met at 7:30 P. M Present—Mayor Wharton, Coun. cilmen Murphy, Schueller, Thomp- son, Van Duelman and City Man- ager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Van Duel - man. 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 ac- cepting the donation from the Gen- eral Drivers and Helpers Local Un- ion No. 421 of the use of a Portable Aluminum Lung and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Van Duelman moved that the donation from the General Drivers and Helpers Local Union No. 421 of the use of a Portable Aluminum Lung be accepted on be- half of the City of Dubuque and the City Manager to be instructed to acknowledge the gift to the Com- munity in an appropriate letter of appreciation. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and Van Duelman. Nays—None. Petition of Jas. F. Lee, T. A. Pol- sean and A. L. Mutschler submit- ting requests, presented and read: Request for the filing with the City Clerk, for public record and inspec- tion, the amount of public funds, services, and City resources, ex- pended in the sponsorship of W. P. A. Project No. 4939 for the im- provement of Cox Street and Gar- field Avenue or any other improve- ment connected with this project number. Also for the improvement Of Sycamore Street showing the out- lay of public funds and resources, and recovery of same from the Chi- cago, Milwaukee, St. Paul and Pa- cific Railway Co., if any; Request is also made, at this time, for the posting with the City Clerk for public inspection, the or- iginal copy of the report of Audit Of the Interstate Power Company, and recommendation of the Cana- van -Lang Co., pertaining to the rates for electric service to the City of Dubuque for which $12,218.92 has been paid to date; Request is also made that in order to establish and confirm the facts as to the annual revenue accruing to this Power Company, based on the schedule of rates as adopted by Ordinance, subsequent to this Audit and recommendation, a pro- per statement of annual revenue is requested for the benefit and in- formation of the citizens of Du- buque. Councilman Schueller moved that the three separate requests be com- plied with. No second to the motion of Coun- cilman Schueller. Mayor Wharton declared motion of Councilman Schueller lost due to the fact that his motion did not receive a second. Councilman Van Duelman moved that the petition be received and filed and the reports be placed on file in the office of the City Clerk. Seconded . by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson and 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 Murphy, Schueller, Thompson and Van Duelman. Nays—None. J. J. SHEA, City Clerk. Approved . 19423 Adopted "y Councilmen: ..... . Attest: .. City Clerk. �" � Special Session, September 256, 1942 city Council (Official.) Special Session, September 25th, 1912. Council met at 7:30 P. ni. Present—Mayor Wharton, Coun- ciimen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. :fleeting called by order of Coun- climen Schueller and Murphy. 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 nsi codering Work Project No. 6102 for the removal of street car rails in the City of Dubuque and acting on anv other business as may prop- erly come before a regular meet- ing of the City Council. Resolution No. 36-42 WHEREAS, by the terms of Ordinance No. 15-32 of the City of Dubuque, Iowa, adopted July 12, 1932, the Interstate Power Com- pany was permitted to abandon street railway service under the provisions of the Street Railway Franchise adopted March 27, 1922 and to substitute motor bus serv. ice therefor; and WHEREAS, said Ordinance No. 15-32 provided for the removal, at the expense of said company, of rails, wooden ties and other track facilities then located in the streets of said city, said removal to be accomplished according to a certain time schedule and plan therein set forth; and WHEREAS, one provision of said Ordinance was to the effect that the rails and ties placed in the then existing concrete streets would be permitted to remain un- til such time as danger to vehicu- lar traffic would require removal, and there is still a considerable quantity of rails remaining in the streets because of such provision; and WHEREAS, the material of such ails is now sorely needed for Na- tional Defense and a plan has been worked out between and among said Interstate Power Company, the City of Dubuque and certain governmental agencies for the Present removal of said material without reference to the terms of said Ordinance and without ex- pense to the City in order to make same available for National De- fense; and WIIERF,AS, in order to carry out said plan of present removal )f said material for the purposes Lforesaid it is necessary that title :o said material be transferred to said City and the Interstate Pow- er Company relieved of further responsibiliy therefor under said Ordinance No. 15-32; Now there- fore, RE IT RESOLVED by the City Council of Dubuque, Iowa, that said City will, for the purposes hereinabove stated, accept title to said material, to be conveyed to it by bill of sale, and will then con- vey same to the appropriate gov- ernmental agency so that said ma- terial can be removed and the streets restored all without ex- pense to the City; and upon re ceipt of such conveyance from said Interstate Power Company said City will release said company from any and all further liability and responsibility under said Or- dinance No. 15--32, for the re- moval of said material and for the restoration of streets after re- moval has been accomplished; and RESOLVED FURTHER, that said City of Dubuque. Iowa will accept said bill of sale as com- pliance by said Interstate Power Company with the terms of said Ordinance No. 15-32 in respect to removal of such material; and RESOLVED FURTHER, that the Mayor and City Clerk be and they are hereby authorized upon receipt of such bill of sale, to exe- cute to said Interstate Power Com- pany, in consideratin therefor, a full release of any and all further responsibility under said Ordin- ance No. 15-32, for the removal of the street car rails, ties and other material and facilities still remaining in the streets of said City and for the restoration of said streets after such removal has been acct ruplishea. Passed and approved this 25th day of September, A. D. 1942. ALBERT WHARTON, Mayor. F. W. THO.MPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Van Duelman mov- ed the adoption of the resolution. Seconded by Councilman Schuel ler. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thomp- son, and Van Duelman. Nays—None. Special Session, September 25th, 1942 ' 189 September 17, 1942 Hon. A. A. Rhomber�,. City Mana- ger, (:ity Hall, Duburue, Iowa. Re: Work Project 6102, Remove street car rails City of Dubuque. Dear Sir: We are enclosing Forms 5301, 5302 and supporting nopers which we would appreciate your signing as follows: Form 5301: Page 1 and 3. Form 5302: Page 1. Also included are three copies of a resolution which should be signed if the City of Dubuque has passed a resolution in regard to the removal of these rails. Please return all copies to this office. Your prompt attention to this mat- ter will be appreciated. Very truly yours, WM. H. SMITH W. P. A. Ares Sunerintendent. Councilman Murph; moved the communication be made a matter of record. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thomp- son, Van Duelman. Nays—None. Resolution No. 37-42 WHEREAS, John M. Naughton, State Administrator, Works Pro- jects Administration, F e d e r a l Works Agency, acting thru the rep- resentative of the Special Projects Branch of the War Production Board for Iowa, and representing him, has requested permission from the Municipalit- of Dubuque, Iowa hereinafter referred to as the Municipality, to remove the certain street car rails. track fast- enings and other metallic track material lying in the streets, or other location-, in said Municipal ity, and has agreed that the Work Projects Administration will re- store the streets disturbed by such removal ns set out in Paragraph (b) Section I: and WHEREAS, one of the require- ments of the Work Projects Ad- ministration is that the Municipal- ity will sell the rails, track fasten- ings and other metallic track ma- terial after their removal from the streets by the Work Projects Administration and their release by the, Municipality to such re- ceiver as may be designated by the War Production Board and will pay to the Work Projects Ad- ministration at 114 Eleventh gtreet, Des Moines, Iowa, the pro- ceeds of such sale without any de- ductions whatsoever: the pay- ments to be made at such time as the Municipality receives pay. ments for the salvaged metal; and WHEREAS, said rails, tract: fastenings and other track metal are urgently and immediately needed in connection with the War Program; and WHEREAS, the Municipality holds legal title to rails, track fast- enings and other metallic track material to be removed as direct- ed by the City Engineer, and is desirous of having said rails, track fastenings and other track metal removed from the streets and is willing to contribute the same to the successful prosecu- tion of the tvar program; NOW. THEREFOr.E. I3B IT RE- SOLVED: 1, that Works Pro,-ets Admin- istration be and is hereby given permission to remove said rails, track fastenings and other metal- lic track material located in the streets and other locations of the Municipality and for that purpose to disturb the pavement in the said streets or other surfaces where the rails are located and upon the following terms and con- ditions: (a) the Municipality agrees to act without commission or other compensation in the sale of the salvaged rails, track fastenings and other metallic material removed from the streets and will partially reimburse t h e Works Projects Administra- tion for the expense of re- moval to the extent of the full amount of money re- eeived from such sale. Such sale shall be made by com- petitive bidding under regu- lar procedure only. (b) all work shall be done in a workmanlike manp-er as here- inafter specified: The rails shall be removed with the least amount of disturbance to the adjoining pavement: the channel openings in the pavement shall be cut to the full depth of the rail and after cleaned of all debris shall be filled and finished with not less than 1:3:5 concrete mix for base: where concrete is placed for a travel surface the concrete mix shall comply with the standard specifications of the Iowa Highway Commis- sion. No concrete shall be poured against a frozen sur- face and any concrete not properly cured shall be pro- tected from freezing: the excavated materials from the channels such as brick, con. 190 Special Session, September 25th, 1942 trete, macadam and asphalt shall be delivered to a point designated by the Street Commissioner or City En- gineer and the streets shall be cleaned of all rubbish be. fore being opened to traffic: the finished work shall be kept within a reasonable distance of the removal gang; if the Municipality elects, it may at the expense of the Municipality furnish at the site of the work, sur- facing materials of asphalt or brick with filler and the required special tools and equipment to place such sur- facing; WPA will furnish the necessary labor. The work shall be done subject to the inspection and direc- tion of the City Engineer and the Municipality accepts all responsibility for title rights, of all track materials, order- ed removed by the City En- gineer. (c) rails shall be removed so that traffic will be disturbed as little as possible; (d) no rails shall ule removed unlessand until Work Projects Administration is in position to proceed im- mediately with restoration of pavement. II. That no damage to the streets will be claimed by the Municipal- ity providing the Work Projects Administration performs the work in accordance with said specifica- tions. (City Seal) Date September 25th, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Thompson and Van Duelman, Nays—None. Communication of Alfred W Rice, City Editor of the La Cross Tribune, asking that the City desig nate some reliable man to sery in the capacity of sounding warn Ings to hunters and others in bol tomlands of the Mississippi Rive when drastic changes in weathe onditions are to occur, present - d and read. Councilman Van Duelman moved hat the communication be referred o the Mayor with power to act. leconded by Councilman Schueller. tarried by the following vote: Yeas—Mayor Wharton, Council - nen Murphy, Schueller, Thompson, Tan Duelman. Nays—None. Communication of Major Francis ?. Quinn submitting his resigna- tion as a member of the Civil Ser - rice Commission presented and •ead. Councilman Schueller moved ;hat the communication be made z matter of record. Seconded by "'ouncilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council - nen Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Communication of John B. Mur- ray D. D. S. submitting application for appointment as a member of the Civil Service Commission pre- sented and read. Councilman Van Duelman moved that the communication be refer- red to the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Communication of Martin M. Hu- ber submitting application for ap- pointment as a member of the Civil Service Commission present- ed and read. Councilman Van Duelman moved that the communication be referred to the Council. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Councilman Van Duelman moved that Council proceed by ballot for the election of a member for the Civil Service Commission. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas --Mayor Wharton, Council- men Murphy. Schueller, Thompson, and Van Duelman. Nays—None. Result of first ballot: Frank Saul one vote; Martin M. Huber two votes; Dr. J. B. Murray two votes. Result of second ballot: Martin M. Huber one vote; Dr. J. B. Murray four votes. Mayor Wharton stated that Dr. J. B. Murray having received a majority of the votes cast that he Special Scssion, Septcrnher 25th, 19.12 191 be declared elected as a member of the Civil Service Commission to fill the unexpired term of Major Francis P. Quinn, said term expir- ing March 31, 1946. Councilman Murphy moved that a letter be forwarded to Major Francis P. Quinn extending -Council appreciation for the services ren- dered by him as a member of the Civil Service Commission. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy. Schueller, Thompson, and Van Duelman. Nays—None. Communication of E. F. Lenz calling attention of the City Coun- cil to the condition of the side- walks in front of 109 West Thir- teenth Street and in front of 111 West 13th Street and asking that the said sidewalks be ordered re- paired presented and read. Councilman Murphy moved that the communication be referred to the City Manager for to instruct the Sidewalk Inspector to order the property owners to have the neces- sary repairs made at once. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schuller, Thompson, and Van Duelman. Nays—None. Petition of the Senior High School requesting permission to hang a banner across Main Street between the Fitzpatrick Company building and the Dubuque Build- ing presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Petition of George Hohmann re- questing release of the cigarette bond and also the beer bond of Hubert M. and Ethel L. Fischbach as they have discontinued business at 1255 Central Avenue presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Petition of the Service Club re- questing a refund in the amount Of $75.00 on their cigarette per. "nit No. 153 as they have discon• tinued business as of August 15th. 1942 presented and read. Councilman Schueller moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of the Service Club to cover the amount of refund grant- ed on the unexpired portion of their cigarette permit No. 153. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-1llayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays -None. Petition of Nic Kintzinger Es- tate, by John J. Kintzinger, Ad- ministrator, requesting a refund on cigarette license No. 73 as the sale of cigarettes at the concession stand at Eagle Point Park has been discontinued presented and read. Councilman Schueller moved that the request be granted and the City Auditor instructed to dra* a warrant in the amount of $75.00 in favor of Nic Kintzinger Estate, by John J. Kintzinger, Ad- ministrator, to cover the amount of refund granted on the unexpir- ed portion of cigarette permit No. 73. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelrnan. Nays—None. Petition of Wm. J. Clesen, by Ed. S. Clesen Attorney-in-fact for Wm. J. Clesen, requesting a refund in the amount of $150.00 on Class "B" Beer Permit, No. 92 and also a refund in the amount of $75.00 on cigarette permit No. 120 as he is discontinuing business as of September 30, 1942 presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a war. rant in the amount of $150.00 in favor of Wm. J. Clesen to cover the amount of refund granted on the unexpired portion of Class "B" Beer Permit No. 92 and also to draw a warrant in the amount of $75.00 in favor of Wm. J. Clesen to cover the amount • of refund granted on the unexpired portion of Cigarette Permit No. 120. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. 192 Special Session, September 25th, 1942 Ordinance No. 22-42 An Ordinance establishing a grade on Lombard Avenue from Algona Street to Fremont Avenue, said ordinance having been passed upon first and second readings on September 8th, 1942 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, presented and read a third time. Ordinance No. 22-42 An Ordinance establishing a grade on Lombard Avenue from Algona Street to Fremont Avenue. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade on Lom- bard Avenue from the east prop- erty line of Algona Street to the west property line of Fremont Avenue, be and the same is here by established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1304. B. M. on the south end of south- east curb return Algona and Lombard Avenue, elevation 268.00. Said grade begins at the east pro- perty line of Algona Street, which is station 0. North curb elevation 268.- 68, south curb elevation 268.00; thence to station 0 plus 50, north and south curb elevation 263.40; thence to station 2 plus 65, north and south curb elevation 247.00; thence to station 4 plus 73, north and south curb elevation 227.97; thence to station 5 plus 23, north and south curb elevation 224.21; thence to station 5 plus 73, north and south curb elevation 222.10; thence to station 6 plus 23, west property line of Stetmore Street to the south, north and south curb elevations 220.80; thence to station 6 plus 73, east property line of Stetmore Street to the south, north and south curb elevation 220.80; thence to station 7 plus 23, north and south curb elevation 222.10; thence to station 7 plus 73, nortb and south curb elevation 224.53; thence to station 8 plus 23, north and south curb elevation 229.22; thence to station 9 plus 50, nortl and south curb elevation 244.00; thence to station 11 plus 80, nortl! and south curb elevation 262.23; thence to station 12 plus 30, nortl and south curb elevation 265.39 thence to station 12 plus 80, nortl and south curb elevation 266.92 thence to station.14 plus 50, nortl and south curb elevation 269.40 thence to station 14 plus 44, wes property line of Fremont Avenu south; south curb elevation 271.63 thence to station 15 plus 56, wes roperty line of Fremont Avenue Lorth, north curb elevation 271.70. Section 2. This Ordinance shall ie in force and effect ten (10) days rom and after its final passage end adoption by the City Council end publication as provided by law. Passed upon first and second ,eadings September 8th, 1942. Pased, adopted and approved ;eptember 25th, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen ,kttest: J. J. SHEA, City Clerk. Published officially in The Tele- ;raph-Herald newspaper this 28th lay of September, 1942. J. J. SHEA, City Clerk. Councilman Van Duelman mov- ed the adoption of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Ordinance No. 23-42 An Ordinance granting to Eagles Building Association, Dubuque, Iowa, its successors and assigns, the right to construct and main- tain a loading platform in the al- ley between Main and Locust streets between 5th and 6th street adjacent to its building, and pre- scribing the conditions of such per- mit presented and read. Councilman Thompson moved that the reading just had be consid- ered the first reading of the or- dinance. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. The ordinance was then read a second time. Councilman Thompson moved that the reading just had be con- sidered the second reading of the ordinance. Seconded by Council- Special Session, September 25th, 1942 193 man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton,. Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. 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. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Returns of service, subscribed and sworn to by William A. Trentz, Police Officer, certifying that he served a copy of Resolution No. 81-42 a resolution ordering the construction of a permanent side- walk abutting on White Street and the West 170 feet of Lot 300, Davis Farm Addition and owned by Albert Fluckiger, also certify- ing that he served a copy of Reso- lution No. 81-42 a resolution or- dering the construction of a per- manent sidewalk abutting on White Street and the West 170 feet of Lot 317, Davis Farm Addition and owned by Frank Decker, also re- turn of service by registered mail that a copy of Resolution No. 81-42 a resolution ordering the construc- tion of a permanent sidewalk abut- ting on Avoca Street and Lot 331, Woodlawn Park Addition owned by W. F. Abbey, presented and read. Councilman Murphy moved that the returns of service be received and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Communication of the Civil Ser- vice Commission suggesting that the Clerk of the Civil Service Com- mission be authorized to attend the Annual Conference of Personal Administration to be held at St. Paul, Minnesota on October 1, 2, and 3, 1942, presented and read. Councilman Murphy moved that the Clerk of the Civil Service Com- mission be authorized to attend the 34th Annual Conference on Public Personnel Administration to be held in St. Paul, Minnesota on October 1, 2, and 3, 1942 the expenses of said trip to be borne by the City of Dubuque. Second- ed by Councilman Thompson. Car• ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, ind Van Duelman. Nays—None. Communication of Wm. L. Ryan, Chief of Fire Department, request- ing that when the Capitol Oil Com- pany makes application for the erecting of a proposed large gaso- line tank, that the permit be is- sued subject to foam installation equipment as required by the Na- tional Board of Fire Underwriters, including, maintaining a storage of sufficient amount of foam powd- er and also recommending that the City Council require railroads op- erating on Railroad Avenue be- tween Main Street and the River Front to place necessary filling be- tween tracks to permit the pas- sage of fire engines over Railroad Avenue from Main Street east, pre- sented and .read. Councilman Murphy moved that the communication be referred to the City Manager and City Solicitor for investigation and a report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. September 25, 1942 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached are two sketches sub- mitted by the Dubuque Packing Company showing their proposal as to the grade of the alley between Maple and Cedar streets from 16th to 17th Street. This is a revised method from the one the Council Investigated some months ago. I suggest that the Council view the grounds. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Schueller moved that the request for change of grade of the alley between Maple and Cedar streets from 16th to 17th Street be granted providing that proper waivers are secured from the property owners abutting on the west side of said alley. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. September 24, 1942 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Tis to followingadvise that I have approved 194 Special Session, September 25th, 1942 bond and desire to have your ap- proval on same for filing: Excavation George F. Pinski, 485 Eighth Avenue, Bond No. 1794120 The Fidelity and Casualty Co. of N. Y. llespectully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bond be approved and placed on file. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. September 25, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The terms of Louis Stoffregen and Dale Welch as members of the Planning and Zon- ing Commission have expired. It is necessary for the Council to make appointments for 5 year terms to expire on May 24, 1947. Dr. Welch has previously notified the Council that the press of other duties make it impossible for him to accept a new appointment. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that Louis Stoffregen be re -appointed as a member of the Planning and Zoning Commission for a term of five years, said term expiring May 24, 1947. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Schueller moved that J. Harry Schiltz be appoint- ed as a member of the Planning and Zoning Commission for a term of five years, said term expiring May 24, 1947. Seconded by Council- man 'Thompson. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. September 10, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the, City Auditor, City Treasurer, City Health De- partment, City Recreation Director and City Waterworks, the yearly report of the Recreation Depart- ment, also a list of claims and Payrolls for which warrants were drawn during the month of August. 1942. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman mov- ed that the reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and Van Duelman. Nays—None. September 14, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With regard to the attached petition of Carl Launs. pach asking vacation of alley abutting Lot 146 and Lot 1 of 1 Of 2 of 131 in Finley Addition, the Planning and Zoning Commission respectfully recommends that pe- tition be denied. Such vacation would break an otherwise con- tinuous alley running from Univer- sity Avenue to the westerly city limits and might develop a haz- ard to future expansion in the area affected. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION, Richard V. McKay, Secy. Councilman Schueller 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 Murphy, Schueller, Thompson, and Van Duelman. Nays—None. September 14, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to that Portion of the attached petition of Klauer Manufacturing Company asking vacation of the alley be- tween Washington and Elm streets from the north line- of East 26th Street to the south line of East 27th Street, the Planning and Zon- ing Commission respectfully recom- mends that this petition be grant- ed. The Commission suggests, how- ever, that the City reserve ease- ments for underground public util- ity services and further recom- mends that the City procure, at Klauer Manufacturing Company expense in exchange for the ap- proximate 11,000 square feet of land asked to be vacated, sufficient land on the two corners of 26th Street and Washington Street (some on the northeast corner and Special Session, September 25th, 1942 195 some on the southwest corner) to remove the present traffic hazard at this Intersection. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION, By Richard V. McKay, Sec. Councilman Schueller 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 Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Resolution No. 88-42 BE IT RESOLVED by the City Council 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, said permit to be effective October 1, 1.942. Mrs. Melita Chase and Miss Kathleen Dahl, 1654 Central Av- enue. The Great Atlantic and Pacific Tea Co., 2700 Jackson Street. Paul Mangeno, 301 Eighth Av- enue. Hubert M. Fischbach and Ethel Fischbach, 1097 Jackson Street. BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 25th day of September, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Resolution No. 89-42 WHEREAS, application for Clase "B" Beer Permit has been submit ted to this Council for approval Md the same has been examined: VOW, THEREFORE, BE IT RESOLVED by the Coun- ^il of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit Hubert M. Fischbach and Ethel Fischbach, 1.097 Jackson Street. Passed, adopted and approved this 25th day of September, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Resolution No. 90--42 WHEREAS, heretofore applica- tion was filed by the within nam- ed applicants for Class "B" Beer Permit 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 they have filed a proper bond: NOW THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be. and he is hereby directed to issue to the following named applicants a Beer Permit to be effective October 1, 1942. Class "B" Permit Hubert M. Fischbach and Ethel Fischbach, 1097 Jackson Street. BE IT FURTHER RESOLVED that the bond filed by such appli- cants be and the same is hereby approved. Passed, adopted and approved this 25th day of September, 1942. ALBERT WHARTON, Mayor, F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B.A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. 196 Spcci„1 Session, September 25th, 1942 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 Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Application of the North End Choral Club for a Class "B” Beer Permit for Private Club present- ed and read. Councilman Schuel- ler moved that the application be referred to the City Solicitor for a report as to whether two per- mits can be issued for the same building. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- man Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Application of the Hawkeye Lodge of Dubuque, Iowa, 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 investigation and a report as to the legality of the application for the information of the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, and 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 Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council. man Murphy, Schueller, Thompson, and Van Duelman. Nays—None. Mr. Fabian Beckett addressed the Council advising Council that be has submitted an offer in the amount of $500.00 to Dubuque County for the purchase of Lot 1 of Lot 809 of A. McDaniel's Sub. division and requesting that the City Council approve the sale of said property. Councilman Schueller was ex. cused and left the Council Meet- ing at 9:00 P. m. Communication of County Audi- tor Daykin advising Council that the Board of Supervisors have ac- cepted an offer of $500.00 made by Fabian Beckett, Trustee, on Lot 1 of Lot 309 A. McDaniel's Sub- division, subject to the approval of the City Council, 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 Murphy, Thompson and Van Duelman. Nays—None. Absent—Councilman Schueller. Resolution No. 91-42 WHEREAS, Lot 22 of Yates Sub- division in the City of Dubuque, Dubuque County, Iowa was sold on February 3. 1936, to Dubuque County, Iowa, by the County Treas urer of Dubuque County, Iowa, for the delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1934, inclusive, and WHEREAS, the said Dubuque County, Iowa, desires to sell the above described real estate to Harry Parker for $25.00, and WHEREAS, the sale of said property by Dubuque County,.Iowa, to Harry Parker for a sum less than the total amount stated in the tax certificate including all endorsements of subsequent gen- eral taxes, interests and costs re- quires the written approval of a majority of all the tax levying and tax certifying bodies having any interest in said general taxes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the sale of said prop- erty to Harry Parker for the sum of $25.00 in cash, be and the same is hereby authorized and approved. Passed. adopted and approved this 25th day of September, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, 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 Murphy, Thompson, and Van Duelman. Nays—None. Absent—Councilman Schueller. There being no further business Special SCSS10Ti, September 25th, 1942 197 Councilman Thompson moved to adjourn. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Thompson, and Van Duelman. Nays—None. Absent—Councilman Schueller. J. J. SHEA City Clerk. Approved Adopted Councilmen: Attest: ........ (' t City Clerk. Special Session, October 5th, 1942 199 City Council (Official.) Special Session, October 5th, 1942. Council met at 7:00 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. 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 discussing The Airport Situation and acting on any other business as may proper- ly 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 present 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 Murphy, Schueller, Thompson, 'Van Duelman. Nays—None. Mr. John A. Kerper, Secretary of the Chamber of Commerce and members of the Airport Committee of the Chamber of Commerce, ad- dressed the Council asking that the City of Dubuque sponsor a W.P.A. Project for the construction of an airport to be located about eight miles south of the City between Highways Nos. 61 and 151. After a lengthy discussion on the Airport Project. Councilman Thompson moved that the matter pertaining to the construction of an Airport be referred to the City Council for their consideration and that the City Solicitor be instructed to advise Council of the necessary legal pro- cedure. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk. Approved Adopted Councilmen: Attest: .... V v 2(X) Regular Session, October 5th, 1942 City Council (Official) Regular Session, October 5th, 1942. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. 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. Notice of Claim of Joseph P. Link in the amount of $19.00 for injuries sustained as the result of a fall on account of a defective catch -basin cover at the N. E. corner of Rush and Holly Streets 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. City Solicitor Kintzinger sub- mitted a verbal recommendation that the claim of Joseph P. Link be allowed in the amount of $19.00 and that a warrant be ordered drawn for said amount in favor of Joseph P. Link and that said warrant be delivered upon the execution and delivery of a proper release. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be in- structed to draw a warrant in the amount of $19.00 in favor of Joseph P. Link as settlement in full of his claim and that said warrant be de- livered upon the receipt of a proper release. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of George Connel- ly, City Fireman, advising that he has been inducted into the military service of the United States of America under the Selective Ser- vice Draft and applying for a leave of "absence from his duties as a fire- man for the duration of his army service presented and read. Councilman Van Duelman moved that the request be granted and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays --None. Petition of L. Schuster requesting a refund in the amount of $75.00 on his cargarette permit No. 108 as he has discontinued business for the season as of September 29, 1942, presented and read. Councilman Thompson m o v e d that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of L. Schuster to cover the amount of refund granted on the unexpired portion of his cig- arette permit No. 108. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Hubert J. Kress re- questing a refund in the amount of $150.00 on his beer permit No. 77 and also requesting a refund in the amount of $75.00 on his cigarette permit No. 147, as he has discon- tinued business as of September 30, 1942, presented and read. Councilman Thompson moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $150.00 in favor of Hubert J. Kress to cover the amount of refund grant- ed on the unexpired portion of his beer permit No. 77 and also to draw a warrant in the amount of. $75.00 in favor of Hubert J. Kress to cover the amount of refund granted on the unexpired portion of his cigar- ette permit No. 147. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Roy Ney requesting a refund in the amount of $150.00 on his beer permit No. 57 and also re- questing a refund in the amount of $75.00 on his cigarette permit No. 91 as he has discontinued business as of September 30, 1942, presented and read. Councilman Murphy moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $150.00 in favor of Roy Ney to cover the Retilar Session, October 5th, 1942 201 amount of refund granted on the un- expired portion of his beer permit 140. 57 and also to draw a warrant in the amount of $75.00 in favor of Roy Ney to cover the amount of re- fund granted on the unexpired por- tion of his cigarette permit No. 91. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of William Blades Estate et al. requesting the rezoning of Lots 3, 4, 5, 6 and 7 of Cain's Sub- division from two-family classifica- tion to multiple family classification presented and read. Councilman Schueller moved that the petition be referred to the Plan- ning and Zoning . Commission for their recommendation and report. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Mabel E. Rigler et al., requesting Council to investigate the condition of the lighting of the stairs leading from Montrose Ter- race to Fairview Place at West 15th Street, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Mabel E. Rigler et al., requesting Council to cause the re- moval of an old barn at the junc- ture of West 15th Street, Fairview and the steps leading up from Mont- rose Terrace, presented and read. Councilman Schueller moved that the petition be referred to the Council to view the grounds. and that the Fire Chief, Building Com- missioner and Health Department be instructed to cause an investiga- tion to be made of this barn and to submit a report of their findings for Council information. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton. Council- men Murphy, Schueller, Thompson, Van Duelman. Nays --None. Petition of City Employees Local Union, No. 228, requesting that they be allowed time and one-half for all overtime worked over eight hours per day on Saturday afternoons, Sundays and holidays, and that in the event an employee is called and reports on any of the above men- tioned days or evenings said em- ployee is not to receive credit for less than two hours, presented and read. Councilman Murphy moved that the petition be referred to the Coun- cil and that a Committee represent- ing said Local be invited to attend a meeting with the City Council on this matter. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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 dur- ing the month of August, 1942, pre- sented and read. 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 Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Ordinance No. 23-42. An Ordin. ance granting to Eagles Building Association, Dubuque, Iowa, its suc- cessors and assigns, the right to construct and maintain a loading platform in the alley between Main and Locust Streets between 5th and 6th Streets adjacent to its building, and prescribing the conditions of such permit, said Ordinance having been passed upon first and second readings on September 25, 1942, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, presented and read a third time. ORDINANCE NO. 23-42 An Ordinance granting to Eagles Building Association, Dubuque, Iowa, its successors Ind assigns, the right to construct and maintain a loading platform in the alley between Main and Locust Streets 5tand 6th Streets adjacent btoween its building. and prescribing the conditions of such permit BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That Eagles Building Association, its successors and as- signs. be, and it is hereby granted the right and permission to construct and maintain a loading platform in the alley between Main and Locust Streets between 5th and 6th Streets next adjoining 6th anbuilding on the cornerfd Streets said platform to extend in the alley not to exceed three (3) feet. Section 2. That such loading plat- form shall be constructed under the 200 Rcgular Session, October 5th, 1942 City Council (OiHcial) Regular Session, October 5th, 1942. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. 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. Notice of Claim of Joseph P. Link In the amount of $19.00 for injuries sustained as the result of a fall on account of a defective catch -basin cover at the N. E. corner of Rush and Holly Streets 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. City Solicitor Kintzinger sub- mitted a verbal recommendation that the claim of Joseph P. Link be allowed in the amount of $19.00 and that a warrant be ordered drawn for said amount in favor of Joseph P. Link and that said warrant be delivered upon the execution and delivery of a proper release. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be in- structed to draw a warrant in the amount of $19.00 in favor of Joseph P. Link as settlement in full of his claim and that said warrant be de- livered upon the receipt of a proper release. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of George Connel- ly, City Fireman, advising that he has been inducted into the military service of the United States of America under the Selective Ser- vice Draft and applying for a leave ofabsence from his duties as a fire- man for the duration of his army service presented and read. Councilman Van Duelman moved that the request be granted and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays --None. Petition of L. Schuster requesting a refund in the amount of $75.00 on his cargarette permit No. 108 as he has discontinued business for the season as of September 29, 1942, presented and read. Councilman Thompson m o v e d that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of L. Schuster to cover the amount of refund granted on the unexpired portion of his cig- arette permit No. 108. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Hubert J. Kress re- questing a refund in the amount of $150.00 on his beer permit No. 77 and also requesting a refund in the amount of $75.00 on his cigarette permit No. 147, as he has discon- tinued business as of September 30, 1942, presented and read. Councilman Thompson moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $150.00 in favor of Hubert J. Kress to cover the amount of refund grant- ed on the unexpired portion of his beer permit No. 77 and also to draw a warrant in the amount of, $75.00 in favor of Hubert J. Kress to cover the amount of refund granted on the unexpired portion of his cigar- ette permit No. 147. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Roy Ney requesting a refund in the amount of $150.00 on his beer permit No. 57 and also re- questing a refund in the amount of $75.00 on his cigarette permit No. 91 as he has discontinued business as of September 30, 1942, presented and read. Councilman Murphy moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $150.00 in favor of Roy Ney to cover tlrt Re ular Session, October Sth, 1942 201 amount of refund granted on the un- expired portion of his beer permit No. 57 and also to draw a warrant in the amount of $75.00 in favor of Roy Ney to cover the amount of re- fund granted on the unexpired por- tion of his cigarette permit No. 91. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men :Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of William Blades Estate et al. requesting the rezoning of Lots 3, 4, 5, 6 and 7 of Cain's Sub- division from two-family classiflea- tion to multiple family classification presented and read. Councilman Schueller moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men ]Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Mabel E. Rigler et al., requesting Council to investigate the condition of the lighting of the stairs leading from Montrose Ter- race to Fairview Place at West 15th Street, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Mabel E. Rigler et al., requesting Council to cause the re- moval of an old barn at the junc- ture of West 15th Street, Fairview and the steps leading up from Mont- rose Terrace, presented and read. Councilman Schueller moved that the petition be referred to the Council to view the grounds and that the Fire Chief, Building Com- missioner and Health Department be instructed to cause an investiga- tion to be made of this barn and to submit a report of their findings for Council information. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of City Employees Local Union, No. 228, requesting that the be allowed time and one-half for al overtime worked over eight hour per day on Saturday afternoons, Sundays and holidays, and that in the event an employee is called and reports on any of the above men- tioned days or evenings said em- ployee is not to receive credit for less than two hours, presented and read. Councilman Murphy moved that the petition be referred to the Coun- cil and that a Committee represent- ing said Local be invited to attend a meeting with the City Council on this matter. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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 dur- ing the month of August, 1942, pre- sented and read. 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 Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Ordinance No. 23-4'2. An Ordin- ance granting to Eagles Building Association, Dubuque, Iowa, its suc- cessors and assigns, the right to construct and maintain a loading platform in the alley between Main and Locust Streets between 5th and 6th Streets adjacent to its building, and prescribing the conditions of such permit, said Ordinance having been passed upon first and second readings on September 25, 1942, and ord red placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, presented and read a third time. ORDINANCE NO. 23-42 An Ordinance granting to Eagles Building Association, Dubuque, Iowa, its successors end assigns, the right to construct and maintain a loading platform in the alley between Main and Locust Streets and 6th Streets adjacentbtowits bueen ilding, and prescribing the conditions of such permit BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. its suc essors t Eagles a Building Association, ranted signs, be, and it is hereby g the right and permission to construct and maintain a loading platform in Streetsebetweenbetween 5t Main and and Streets next adjoining its building on the corner of 6th and Locust Streets, y said platform to extend in the alley 1 not to exceed three (3) feet. Section 2. That such loading Plat- s form shall be constructed under the 202 Regular Session, October 5th, 1942 supervision of the City Manager and Building Commissioner. Section 3. it is understood and provided that the right and permis- sion to use and occupy such por- tion of the alley for the purpose herein stated is subject to the con- tinuous control of the City Council of this City, reserving the right to said Council to impose restrictions or conditions upon the enjoyment thereof as may be reasonably neces- sary for the protection of the pub- lic interest, including the right to revoke and rescind such right and permission if at any time the pub- lic should require such revocation. Section 4. As a further considera- tion for the right and privilege here- in granted, said Eagles Building Association, its successors and as- signs, shall assume all liability for damages to persons and/or prop- erty which might result from the construction or maintenance of said structure and said Eagles Building Association, at its own expense, agrees to defend any and all claims and actions which may be brougiitt against the City because of or ip connection with the structure herein referred to, and should the City be required to pay any amount for dam- ages because of said structure, or anything connected therewith, the Eagles Building Association agrees to reimburse the City therefor, and hold the City harmless from any such damages Section 5. Should the rights and privileges herein granted be re- scinded or revoked, said Eagles Building Association, its successors and assigns, _t its own expense and upon receipt of Thirty (30) days no- tice, shall remove the structure herein authorized and restore the alley to as good condition as it was before such structure was con- structed. Section 6. This Ordinance shall become effectiv,. upon its final passage adoption and approval by the City Council, publication as pro- vided by law, and the rights here- under shall accrue to Eagles Build- ing Association, ii s successors and assigns, when this Ordinance has been accepted by said Association, which acceptance shall be attached hereto, and whe•i the cost of pub- lishing the same has been paid by said Association. Passed upon first and second read- ings this 25th day of September, 1942. Passed, adopted and approved upon final reading this 5th day of Octo- ber, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE -OF ORDINANCE NO. 23-42 The Eagles Building Association, having knowledge of all the terms and conditions of Ordinance No 23- 42, hereby accept Ordinance No. 23- 42 as adopted by the City Council of the City of Dubuque, and agree to abide by all of the terms and con- ditions thereof. Dated this 6th day of October, 1942. EAGLES BUILDING ASSOCIATION By Ron Mentzer, Secy. Published officially in The Tele- graph -Herald newspaper this 7th day of October, 194? J. J. SHEA, 10-7-1t. City Clerk. Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays --None. September 28, 1942. Mr. A. A. Rhomberg, City Hall, Dubuque, Iowa. Dear Sir: In accordance with the request made by the La Crosse Tri- bune I have appointed Wm. Tren- kle as the individual who will re- ceive warnings of approaching storms. Mr. Trenkle has accepted the responsibility. Yours truly, ALBERT WHARTON, Mayor. Councilman Schueller moved that the recommendation of M a y o r Wharton be approved. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. October 5, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Conservation of fuel and physical property are important parts of the total war effort. To fur- ther these ends it is necessary to caulk the exterior window and door frames of the City Hall and to paint the exterior wood work. Bids for furnishing the materials and per- forming the work were solicited from all the painting contractors. Attached are the specifications for the work together with the four bids which were received. I recom- mend that the contract in the amount of $725.00 for caulking and painting the exterior wood of the City Hall, excepting the cornice. be awarded to J. O. Martin, his 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 Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Regular Session, October 5th, 1942 203 Resolution No. 92-42 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 follow- ing application be and the same is hereby approved, and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. CLASS "B" BEER PERMIT FOR PRIVATE CLUB Name. Address. Hawkeye Lodge of Dubuque, Iowa, 1382 Central Avenue. Passed, adopted and approved this 5th day of October, 1942. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 --Councilmen Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mayor Wharton not voting. Resolution No. 93-42 Whereas, heretofore application was filed by the within named ap- plicant for Class "B" Beer Permit 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 Man- ager be and he is hereby directed to issue to the following named ap- plicant a Beer Permit: CLASS "B" BEER PERMIT FOR PRIVATE CLUB Name. Address. Hawkeye Lodge of Dubuque, Iowa, 1382 Central Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 5th day of October, 1942. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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—Councilmen Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mayor Wharton not voting. Resolution No. 94-42 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. Hawkeye Lodge of Dubuque, Iowa, 1382 Central Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 5th day of October, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of the North End Choral Club submitted in support of their application now pending be- fore the City Council for a Class "B" Beer Permit for Private Club presented and read. Councilman Thompson moved that the communiction be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. October 5, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the question submitted to me as to whether or not two permits can be issued for the same address and 204 Regular Session, October 5th, 1942 building, I find nothing in the law that prevents the same. The only provision I find in the law is: "1921.102. Prohibited Interest. It shall be unlawful for any person or persons to be either directly or indirectly interested in more than one class of permit." Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Thompson m o v e d that the communication of City So- licitor Kintzinger be made a mat- ter of record. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 95-42 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 and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. CLASS "B" BEER PERMIT FOR PRIVATE CLUB Name. Address. North End Choral Club, 2774-2776 Jackson Street. Passed, adopted and approved this 5th day of October, 1942. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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—Councilmen Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mayor Wharton not voting. Resolution No. 96---42 Whereas, heretofore application was filed by the within named ap. plicant for Class "B" Beer Permit and it has received the approval of this Council; and Whereas, the premises to be occu- pied by such applicant have been inspected and found to comply with . i _A 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 appli- cant a Beer Permit. CLASS "B" BEER PERMIT FOR PRIVATE CLUB Name. Address. North End Choral Club, 2774-2776 Jackson Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 5th day of October, 1942. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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—Councilmen Murphy, Schueller Thompson, Van Duelman. Nays --None. Mayor Wharton not voting. Resolution No. 97--42 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. John Grutz, 2991 Central Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 5th day of October, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilmen Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Regular Session, October 5th, 1942 ?0$ Resolution No. 98-42 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 follow- ing applications be and the same are hereby approved, and it is or- dered that the premises to be occu- pied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name. Address. John Grutz and Clara Gratz, 2991 Central Avenue. John M. Baumgartner and John J. Baumgartner, 1543 Central Avenue. Ray Clancy and Margaret Clancy, 336 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB Union League Club, 400 Iowa Street. Passed, adopted and approved this 5th day of October, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 99-42 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, the premises to be occu pied by such applicants have been 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- plicant a Beer Permit. CLASS "B" PERMIT Name. Address. John Gratz and Clara Grutz, 2991 Central Avenue. John M. Baumgartner and John J. Baumgartner, 1543 Central Avenue, Ray Clancy and Margaret Clancy: 336 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB Name. Address. Union League Club, 400 Iowa 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 October, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, CEO. R. MURPHY, B. A. SCHUELLER, 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 '.Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 100---42 Whereas, Lot 1 of Lot 809 of A. McDaniel's Subdivision in the City of Dubuque, 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 unpaid taxes against the real estate for the years 1931 to 1934, inclusive, and Whereas, the said Dubuque Coun- ty, Iowa, desires to sell the above described real estate to Fabian Beckett, Trustee, for $500.00, and Whereas, the sale of said prop- erty by Dubuque County, Iowa, to Fabian Beckett, Trustee, 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 the tax levying and tax cer- tifying bodies having any interest in said general taxes Now, There- fore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the sale of said property to Fabian Beckett, Trustee, for the sum of $500.00 in cash, be and the same is hereby authorized and approved. Passed, Adopted and Approved this 5th day of October, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. S HEY ,Clerk. w 206 Regular session, October 5th, 1942 Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 101-42 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 and the same is hereby approved, and it is or- dered that the premises to be occu- pied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Name. Address. Eugene P. McCann, 802 Iowa Street. Passed, adopted and approved this 5th day of October, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN D GELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 102-42 Whereas, heretofore application was filed by the within named ap- plicant for Class "B" Beer Permit and it has received the approval of this Council; and Whereas, the premises to be occu- pied by such applicant have been inspected and found to comply with the ordinances of this City and he has filed a proper bond: Now, There- fore, 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. Eugene P. McCann, 802 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 5th day of October, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, October 5, 1942. To the Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: Section 718-b4 of the Code of Iowa, Permanent Registra- tion, provides that the Commission- er of Registration shall appoint the two clerks of election for each pre- cinct, who shall have charge of the election register. I herewith 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 elec- tion register: First Precinct—Democratic, Mrs. Vera Ham; Republican, Mrs. Lillian Jones. Second Precinct — Democratic, Mrs. Margaret Kinsella; Repub- lican, Mrs. Geo. R. Fox. Third Precinct—Democratic, Mrs. Lucille Mullin; Republican, Mrs. Pearl Hoerner. F o u r t h Precinct -- Democratic, Mrs. Mary Hughes; Republican, Mrs. Martha Hunt. Fifth Precinct—Democratic, Mrs. Laura Hohmann; Republican, Mrs. F. W. Trader. Sixth Precinct—Democratic, Mrs. Helen Schadle; Republican, Mrs. Pearl Yokom. Seventh Precinct — Democratic, Mrs. Cecelia Weber; Republican, Mrs. Cora Wolfe. E i g h t h Precinct — Democratic, Mrs. Jennie Starr; Republican, Mr. J. W. Millin. Ninth Precinct—Democratic, Mrs. Belle Leidingei; Republican, Mrs. Edna Widdowson. Tenth Precinct—Democratic, Mrs. Teresa Birkett; Repubican, Mrs. Hattie Donatsch. Eleventh Precinct — Democratic, Mrs. Ida Murray; Republican, Miss Carrie Saunders. Regular Session, October 5th, 1942 207 Twelfth Precinct — Democratic, Mrs. Kate Beringer; Republican, Mrs. Martha Humke. Thirteenth Precinct—Democratic, Mrs. Freda Foell; Republican, Mrs. Marguerite Liddle. Fourteenth Precinct—Democratic, Mrs. Veronica Agard; Republican, Mrs. Dorothy Bauer. Fifteenth Precinct — Democratic, Mrs. Joseph Pauly; Republican, Mrs. Helen Hohnecker. Respectfully submitetd, J. J. SHEA, Commissioner of Registration, City of Dubuque, Iowa. Councilman Thompson m o v e d that the recommendation of the Commissioner of Registration be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Councilman Thompson m o v e d that the following places be selected and designated as the polling places for the General Election to be held November 3, 1942. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. F i r s t Precinct—Bryant School, 1280 Rush Street. S e c o n d Precinct—Washington Junior High School, Grandview Avenue and Dodge Street. Third Precinct—Franklin School, Jones and Bluff Streets. Fourth Precinct—Court House, 7th Street and Central Avenue. Fifth Precinct — Lincoln School, 1175 West 5th Street. Sixth Precinct — Irving School, University Avenue and Irving Street. Seventh Precinct—City Hall, 13th Street and Central Avenue. E i g h t h Precinct—Chamber of Commerce Building, 9th and Locust Streets. Ninth Precinct — Engine House No. 1, 18th Street and Centra] Avenue. T e n t h Precinct—Central Higb School Building, 15th and Locust Streets. Eleventh Precinct—K o h 1 m a r Building, 15 East 21st Street. Twelfth Precinct --Fulton School 2540 Central Avenue. Thirteenth Precinct — Lempe: Building, 2774 Jackson Street. Fourteenth Precinct — Auduboi School, Johnson and Lincoln Ave nues. Fifteenth Precinct— M a r s h a 11 school, 1440 Rhomberg Avenue. Councilman Murphy moved that he rules be suspended for the pur- iose of allowing any one present in he Council Chamber, who wishes o do so, to address the Council. Seconded by Councilman Schueller. Tarried by the following vote: Yeas—Mayor Wharton, Council - nen Murphy, Schueller, Thompson, Van Duelman. Nays—None. Messrs. Elroy Grashorn, Irvin Shepherd, John Groggan and Jack Sherman, members of the Dubuquo trades and Labor Congress, ad- iressed the Council asking Council co-operation in the securing of a war industry plant for the City of Dubuque. Upon conclusion of the discussion the Committee was in- formed that they could be sure that the Council would give them every assistance possible in obtaining any kind of an industry for the City and that the City Manager be instructed to furnish the Committee with a list of all City owned property which might be available for industrial development. Councilman Murphy moved that City Clerk J. J. Shea be appointed Acting City Manager during the ab- sence of City Manager A. A. Rhom- berg from the City. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, City Clerk. A nnroveddAwAI/dMl 1943 Councilmen: Attest: G-6 ty Clerk. 208 Special Session, October 13th, 1942 city Council (Official) Special Session, October 13, 1942. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman. Absent—City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Van Duel - man. 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 for adoption Resolution No. 103 —42, a resolution ordering a spe- cial election on the proposition of levying an annual tax for airport purposes and acting on any other business as may properly come be- fore a regular meeting of the City Council. Councilman Thompson m o v e d 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 Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mr. John A. Kerper, Secretary of the Chamber of Commerce, and members of the Airport Committee of the Chamber of Commerce, ad- dressed the Council in support of the petitions of qualified voters of the City of Dubuque requesting Council to submit to the voters at a special election the proposition of levying an annual tax of not to exceed three-fourths mill on all tax- able property in the City of Dubuque for the purpose of acquiring, estab- lishing, improving, maintaining and operating a new municipal airport. Petitions of qualified voters of the municipality of Dubuque, petition- ing the City Council to submit to the voters of the City at a special election on November 3, 1942, the following proposal, presented and read: "Shall the City of. Dubuque, Iowa, be authorized and directed to levy an annual tax of not to exceed three-fourths (%) mill on all tax- able property in the City of Du- buque for the purpose of acquiring, establishing, improving, maintain- ing and operating a new municipal airport?" Councilman Murphy moved that the petitions be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 103-42 RESOLiiTION ordering a special election on the proposition of levying an annual tax for airport purposes. Whereas, it is deemed advisable that the City of Dubuque, in the County of Dubuque and State of Iowa, acquire, establish, maintain, equip and operate an airport; and Whereas said City has a popula- tion of more than ten thousand and not exceeding one hundred twenty- five thousand; and Whereas under the provisions of Chapter 303.1 of the Code of Iowa said City is authorized, subject to approval by the electors of said City at an election duly called and held for that purpose, to levy an annual special tax not exceeding three-fourths of one mill on all the taxable property in said City, and may thereafter anticipate the col- lection of said annual special tax by the issuance of Airport Certif- icates or Bonds; and Whereas it is deemed advisable at this time that a special election be called for the purpose of secur- ing the approval by the electors of said City to the levy of such annual special tax; and Whereas the City, of Dubuque, Iowa, by Ordinance Number 39-29, passed and approved on the 13th day of September, 1929, has adopt- ed the plan for permanent registra- tion of voters provided by Chapter 39.1 of the Code of Iowa, as amend- ed, and has adopted ordinances necessary to carry into effect the Provisions of said Chapter, and per- manent registration of voters under said Chapter is in full force and effect in said City; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, as follows: Section 1. That a special mu- nicipal election is hereby ordered to be held in and for said City of Dubuque, Iowa, on November 3, 1942, from seven o'clock in the morning until eight o'clock in the evening, at which there shall be submitted to the qualified electors of said City, to be by them voted upon, the proposition o[ levying an annual special tax of not exceeding three-fourths of one mill per annum upon all the taxable property in said City, commencing with the levy for Special Session, October 13th, 1942 209 the current year, for the purpose of and of the submission of said pro - acquiring, operating, equipping or position thereat, and of the time maintaining a City Airport. and places thereof, by publication Section 2. That said election on thereof once each week for three said proposition shall be held in the consecutive weeks in the Telegraph - several voting precincts of said City Herald a legal newspaper of gen- as prescribed for regular elections eral circulation printed and pub - in said City and as delimited by or- lished in said City, the last of which dinances numbered 159, of said City. publications shall be not less than The polling places within the re- five days nor more than twenty spective election precincts shall be days prior to said election, which as follows: I notice shall be in substantially the following form' Voting Precincts. Polling Places. I F i r s t Precinct—Bryant School, 1280 Rush Street. S e c o n d Precinct—Washington Junior High School, Grandview Avenue and Dodge Street. Third Precinct—Franklin School, Jones and Bluff Streets. Fourth Precinct — Court House, 7th Street and Central Avenue. Fifth Precinct — Lincoln School, 1175 West 5th Street. Sixth Precinct — Irving School, University Avenue and Irving Street. Seventh Precinct—City Hall, 13th Street and Central Avenue. E i g h t h Precinct—Chamber of Commerce Building, 9th and Locust Streets. Ninth Precinct — Engine House No. 1, 18th Street and Central Avenue. T e n t h Precinct—Central High School, 15th and Locust Streets. Eleventh Precinct—Koh 1 m. a n Building, 15 East 21st Street. Twelfth Precinct—Fulton School, 2540 Centrai Avenue. Thirteenth Precinct — Lemper Building, 2774 Jackson Street. Fourteenth Precinct — Audubon School, Johnson and Lincoln Ave- nues. Fifteenth Precinct— M a r s h a 11 School, 1440 Rhomberg Avenue. Section 3. That at said election on said proposition voting machines shall be used and the proposition to be submitted shall be as follows: Shall the following public meas- ure be adopted? Shall the City Council of the City of Dubuque, Iowa, be authorized to levy an annual special tax of not exceeding three-fourths of on e i YES mill per annum upon all the taxable prop- erty in said City for I the purpose of acquir- _ NO ing, operating, equip- ping or maintaining a City Airport? Section 4. That the Mayor is hereby authorized, empowered and instructed to issue a proclamation and notice of said special election MAYOR'S PROCLAMATION Notice of Specia: Election Dubuque, Iowa. Public Notice is hereby given that at a special city election in the City of Dubuque, Iowa, to be held on Tuesday, the third day of Novem- ber, 1942, from seven o'clock A. M. to eight o'clock P. M. there will be submitted to the electors of said City, to be voted upon, the propo- sition of levying an annual special tax of not exceeding three-fourths of one mill per annum upon all the taxable property in said City, com- mencing with the levy for the cur- rent year for the purpose of ac- quiring, operating, equipping or maintaining a city airport. At said election voting machines will be used for the submission of the aforesaid proposition which will be substantially the following form: Shall the, following public measure be adopted? Shall the City Council of the City of Dubuque, Iowa. be authorized to levy an annual special tax of not exceedingi three-forths of one mill per annum upon I YES all the taxable prop- erty in said City for the purpose of acquir- I NO I ing, operating, equip- ping or maintaining a City Airport? The said election on said proposi- tion will be held in the several elec- tion precincts of said City, the boundaries of which shall be as de- limited by Ordinances Numbered 159 of said City. The polling places within the respective election pre. cincts will be as follows: Voting Precincts. Polling School, First Precinct — Bryant1280 Rush Street. — Washington Second Precinct Junior High School, Grandview Ave- nue and Dodge Street. Third Precinct—Franklin School, Jones and Bluff Streets. Fourth Precinct — Court House, Seventh Street and Central Avenue. Ft F Fifth Street. Precinct Lincoln School, 11 210 Special Session, October lath, 1942 Sixth Precinct — Irving School, University Avenue and Irving Street. Seventh Precinct—City Hall, 13th Street and Central Avenue. Eighth Precinct — Chamber of Commerce Building, Ninth and Lo- cust Streets. Ninth Precinct — Engine House No. 1, 18th Street and Central Ave- nue. T e n t h Avenue — Central High School, 15th and Locust Streets. E l e v e n t h Precinct.—Kohlman Building, 15 East 21st Street. Twelfth Precinct—Fulton School, 2540 Central Avenue. Thirteenth Precinct — Lemper Building, 2774 Jackson Street. Fourteenth Precinct — Audubon School, Johnson and Lincoln Ave- nues. Fifteenth Precinct —M a r s h a 11 School, 1440 Rhomberg Avenue. All qualified electors of said City are hereby notified to appear at said election, each to vote at the polling place of the election precinct in which such elector resides, or as permitted by statute. This notice is given by order of the City Council of the City of Du- buque, pursuant to Chapters 303.1 and 319 of the Code of Iowa. Dated at Dubuque, Iowa, this 13th day of October, 1942. ALBERT WHARTON, Mayor, City of Dubuque, Iowa. Attest: J. J. SHEA, City Clerk. Section 5. That for said election the judges and clerks in the respec- tive election precincts shall be as follows: First P r e c i n c t— Democratic Judges, Bart Kane and Frank Cain; Democratic Clerk, Thelma Trapp; Democratic Registration Clerk, Mrs. Vera Ham. Republican .fudge, Ferd Wunder; Republican Clerk, Clara Collinson; Republican Registration Clerk, Mrs. Lillian Jones. S e c o n d Precinct — Democratic Judges, Tom Hill and Tom Mulroy; Democratic Clerk, J. W. Lundin; Democratic Registration Clerk, Mrs. Margaret Kinsella. Republican Judge, George Masters; Republican Clerk Emma Elver; Republican Registration Clerk, Mrs. Geo. R. Fox. T h i r d Precinct — Democratic Judges, Mrs. William Waring and Gertrude Mulligan; Democratic Clerk, Mrs. Agnes Clancy; Demo- cratic Registration Clerk, Mrs. Lu- cille Mullin. Republican Judge, Bes- sie Bogue; Republican Clerk, Eun- ice Kilby; Republican Registration Clerk, Mrs. Pearl Hoerner. F o u r t h Precinct — Democratic Judges, Tom McCoy and Charles Stevenson; Democratic Clerk, Mrs. Loretta Powers; Democratic Regis- tration Clerk, Mrs. Mary Hughes. Republican Judge, Mae Hedley, Re- publican Clerk, Esther Munson; Re- publican Registration Clerk, Mrs. Martha Hunt. Fifth Precinct—Democratic Judges, Evelyn Madden and Mrs. L. E. Maxwell; Democratic Clerk, Mrs. Margaret Lavery; Democratic Reg- istration Clerk, Mrs. Laura Hoh- mann. Republican Judge, Charles Beach; Republican Clerk. Ruby Steuck; Republican Registration Clerk, Mrs. F. W. Trader. Sixth Precinct—Democratic Judges, Joseph Tritz and Mrs. Edna Delaney: Democratic Clerk, Ger- trude Walsh; Democratic Registra- tion Clerk, Mrs. Helen Shadle. Re- publican Judge, Emil Biasi; Repub- lican Clerk, Myrtle Westaby; Re- publican Registration Clerk, Mrs. Hazel Yokom. Seventh Precinct — Democratic Judges, Al. Bitzberger and Edward Schaller; Democratic Clerk, Lid - wins, Weitz; Democratic Registra- tion Clerk, Mrs. Cecelia Weber. Re- publican Judge, Arthur J. Trapp; Republican Clerk, Joanna Roland; Republican Registration Clerk, Mrs. Cora Wolfe. E i g h t h Precinct -- Democratic Judges, Mrs. I.eo Weber and Louis Lagen; Democratic Clerk, Mrs. Wm. Figge; Democratic Registration Clerk, Mrs. Mayme McCraney. Re- publican Judge, Zella Chaloupka; Republican Clerk, Maude Rideout; Republican Registration Clerk, Mr. J. W. Millin. Ninth P r e c i n c t— Democratic Judges, John P. Merkes and Kate Enright; Democratic Clerk, Mayme Casutt; Democratic Registration Clerk, Mrs. Belle Leidinger. Repub- lican Judge, Pauline Kleih; Repub- lican Clerk, Emma Hinz; Repub- lican Registration Clerk, Mrs. Edna Widdowson. T e n t h Precinct — Democratic Judges, John J. Markward and Charles Correll; Democratic Clerk, Leona Palen; Democratic Registra- tion Clerk, Mrs. Teresa Birkett. Re- publican Judge, George Wubrant; Republican Clerk, Anna Kunz; Re- publican Registration Clerk, Mrs. Hattie Donatsch. Eleventh Precinct — Democratic Judges, Mrs. Etta Schroeder and Gilbert Nicks; Democratic Clerk, Mrs. Florence Rohrbach; Demo- cratic Registration Clerk, Mrs. Ida Murray; Republican Judge, Bertha Special Session, October 13th, 1942 211 Lehnardt; Republican Clerk, Hilda Section 9. That this resolution be Hoefflin; Republican Registration in force and effect immediately up - Clerk, Miss Carrie Saunders. on its passage and approval. Twelfth Precinct — Democratic Passed and approved October 13, Judges, Phillip O'Dowd and Frank 1942. Ames; Democratic Clerk, Marie ALBERT WHARTON, Mausser; Democratic Registration Mayor. Clerk, Mrs. Kate Beringer. Repub- F. W. THOMPSON, lican Judge, William Zumhof; Re- FRANK VAN DUELMAN, publican Clerk, Vera Leuschner; GEO. R. MURPHY, Republican Registration Clerk, Mrs. B. A. SCHUELLER, Martha Humke. Councilmen. Thirteenth Precinct—Democratic Attest: J. J. SHEA, Judges, Mrs. Wm. Nehls and Ben City Clerk. Becke; Democratic Clerk, Mrs. Rose Recorded October 13, 1942. Gulick; Democratic Registration J. J. SHEA, Clerk, Mrs. Freda Foell. Republican City Clerk. Judge, Ernest Joy; Republican Clerk, Mrs. Wm. Koch; Republican Councilman Van Duelman moved Registration Clerk, Mrs. Marguerite the adoption of the resolution. Sec - Liddle. onded by Councilman Murphy. Car - Fourteenth Precinct—Democratic ried by the following vote: Judges, Delores Duenser and Mrs. Yeas—Mayor Wharton, Council - Elizabeth Reavell; Democratic men Murphy, Schueller, Thompson Clerk, Mrs. Marjorie Bogue; Demo- and Van Duelman. , cratic Registration Clerk, Mrs. 'Ve- Nays—None. ronica Agard. Republican Judge, Edward Kupferschmidt; Republican Whereas, the Board of Dock Clerk, Sophia Moritz; Republican Commissioners is informed that there is a possibility of having a Registration Clerk, Mrs. Dorothy synthetic rubber manufacturing Bauer. plant established at Dubuque, pro - Fifteenth Precinct—Democratic vided the muncipality will furnish Judges, Louis Wemette and George to, the Federal Government, free of Roepsch; Democratic Clerk, Doris cost, the required site. Carroll; Democratic Registration Clerk, Mrs. Joseph Pauly. Repub- Whereas, from information at lican Judge, Frank Glab, Jr.; Re- hand it appears that the area known publican Clerk, Irene Kaiser; Re- as the .old Standard Lumber Com - publican Registration Clerk, Mrs. pany property, now owned by the Helen Hohnecker. City, is considered a suitable site for the plant which the Govern - The foregoing are proper persons ment, through the appropriate agen- so to act in accordance with Sec- cy, proposes to build. tion 730, et seq. of Chapter 40, Code of Iowa. Upon the closing of the Whereas, the acquisition of such polls for said special election, said an industry is of the greatest im- Judges and Clerks shall file reports portance to the future welfare of of the results on said proposition with the City Clerk, in order that this community and the fullest cooperation with the Federal Gov - such results may be canvassed and ernment and the firm of Archer, officially declared by this Council. Daniels, Midland Company of Min - Section 6. That the City Clerk, neapolis is justified. as Commissioner of Registration, is Now Therefore, inasmuch as the hereby directed to revise and com- property in question is under the plete the election registers as pto- jurisdiction of the Board of Dock vided by Chapter 39.1 of the Code Commissioners, this Board re - of Iowa, and to deliver said elec- spectfully recommends that the tion registers as required by law to City Council take appropriate steps the Judges of Election in each elec- to transfer title to this property to tion precinct on the day before the the Federal Government for the day set for said special election. sum of $1.00, however, reserving to Section 7. That this Council meet the City the area on which is lo- on the next (secular) day following Gated the Old Shot Tower (approxi - the day of said election, at the mately .46 acres) and the easterly Council Chamber of the City Hall end of the same tract (approximate - within said City, at 7:30 o'clock P. ly .68 acres). M., to canvass the results of said It is further understood that the election. Section 8. That all resolutions or city's or Dock Commission's right and collect wharfage fees parts of resolutions in conflict here- to assess not be impaired by this trans - with be and the same are hereby shall repealed. fer of title. 212 Special Session, October 13th, 1942 The above resolution was present- ed by Thos. M. Stampfer, who moved its adoption. The motion was seconded by Mark W. Gavin and carried unanimously. BOARD OF DOCK COMMISSIONERS. By: J. A. Kerper, President. By: Thos. M. Stampfer, Secretary. By: Mark W. Gavin, Commissioner. This is to certify that the above is a true and correct copy of the resolution adopted by the Board of Dock Commissioners on October 13, 1942. THOS. M. STAMPFER, Secretary. Resolution No. 104--42 Whereas, the Board of Dock Commissioners has filed with the City Council of the City of Dubuque a resolution recommending that the City Council take appropriate steps to give to the Federal Government an option to buy from the City for $1.00, the real property known as the Standard Lumber Company site for the operation of a synthetic rub- ber manufacturing plant thereon. And Whereas, the City Council has considered the resolution of the Board of Dock Commissioners of the City of Dubuque, Now, There- fore, Be it Resolved by the City Council of the City of Dubuque: That the Mayor of the City of Dubuque be, and he is hereby au- thorized and empowered to sign a written statement to the Federal Government stating that the City of Dubuque is prepared and willing to Supply the site known as the Standard Lumber Company proper- ty, reserving to the City of Dubuque the area on which is located the Old Shot Tower (approximately .46 acres) and the easterly end of the same tract (approximately .68 .acres) and .reserving the city's or ,Dock Commission's right to assess and collect wharfage fees; this site :to be used only fora synthetic rub. ber manufacturing plant, the con. sideration to be the sum of $1.00. This option to be for a period of one year from this date. Passed, adopted and approved this 13th day of October, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, CEO. R..1► URPHY, .B. A. SCHUELLER, Attest: J. J. SHEA, Councilmen. 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 Murphy, Schueller, Thompson and 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 Murphy, Schueller, Thompson and Van Duelman. Nays—None. J. J. SHEA, City Clerk. Approved -.7 194 Adopted 943 Councilmen: Attest: ... ;. (y (� City Clerk. Regular Session, November 2nd, 1942 213 City Council (Official.) Regular Session, November 2nd 1942. Council met at 7:30 P. M. Present —Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp son, Van Duelman, City Manager Rhomberg. Mayor Wharton stated that this is the regular monthly meeting of the City Council for the purpose of aci. ing upon such business as may pro• perly come before the meeting. Notice of claim of Mrs. Harold E. Strader in the amount of $35.00 for injuries sustained by her daughter in a fall on a defective sidewalk south of 1829 Madison Street pre• sented and read. Councilman Van Duelman moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman. Murphy. Carried by the following vote: Y e a s—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Notice of claim of Mrs. Jim Casey in an unstated amount for injuries sustained 6y her daughter at Eagle Point Park, caused by the breaking of a swing at said Eagle Point Park, presented and read. Councilman Van Duelman moved that the notice of claire be referred to the City Solicitor for investiga tion and report. Seconded by Coun• cilman Murphy. Carred by the fol• lowing vote: Y e a s—Mayor Wharton_, Council- men Murphy, Sclrueller, Tnompson. Van Duelman. Nays—None. Notice of claim of Helen Heins In an unstated amount for injuries sus- tained caused by a defective swing at Eagle Point Park 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 Thompson. Carried by th following vote: Yeas—Mayor Wharton, Council men Murphy, Schueller, Thompson Van Duelman. Nays—None. Communication of F. C. Burd submitting a COPY of a bill in th amount of $17.60 and claiming tha said amount is dtre from James Lee, contractor, for the construction Of a manhole in Plum Street, pre- sented and read. Councilman Murphy moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Council- man Thompson. Carried by the foi lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of the National Institute of Municipal Law Officers extending invitation to the City Sc- licitor to attend the National Wan Conference to be held in New York City on December 2, 3 and 4, 1942, presented and read. Councilman Murphy moved that City Solicitor Kintzinger be auth- orized to attend the National War Conference to be held in New York City on December 2, 3 and 4, 1942, the expenses to be borne by tho City of Dubuque. Seconded by Councilman Van Duelman. Carried. by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson. Van Duelman. Nays—None. Communication of the Dubuque County War Relief Council submit- ting separate sheets report of th.: receipts and expenditures in con- nection with the .1442 drive for funds terminated late in August and in- cluding treasurer's report presented and read Councilman Murphy maved that the communication and report bcf received and placed on file. Second ed by Councilman Thompson. Cat• ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Scbueller, Thompson Van Duelman. Nays—None. Communication of the Dubuque- County ubuque County War Relief Council submit ting for Council consideration a sug- gestion that the City of DubuquF might appropriately in some manner commemorate the Dubuque boys who have already made the supreme sacrifice presented and read. Councilman Schueller moved that c the Mayor be empowered to take such action as he deems appropriate. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson. t Van Duelman. E Nays—None. t Petition of M u r p h y insurance F. Agency requesting release of the Plumber's Excavation Bond of D. A. 214 Regular Session, November 2nd, 1942 Joles, Maquoketa, Iowa, said release to be effective as of August 26th. 1942, presented and read. Councilman Van Duelman moved that the request be granted, said re- lease to be effective as of August 26th, 1942. Seconded by C^uncilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson. Van Duelman. Nays—None. Petition of Cottingham & Butler Insurance Service, Inc., requesting cancellation of the Beer Bond or Paul Crawford as he has discon- tinued the tavern business at 2774 Jackson Street, presented and read Councilman Murphy moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Couucil men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Kretschmer Insurance Agency requesting return of the ex- cavation bond of Maurice A. Hill at, he does not wish to have the same renewed, said return to be effective as of September 15, 1942, presented and read. Councilman Schueller moved that the request for the return of the excavation bond of Maurice A. Hili be denied, but a release of said bonrl be granted as of the date of Septem ber 15, 1942. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson Van Duelman. Nays—None. Petition of F. W. Coates Ag(;nc) requesting cancellation of. the cig- arette and beer bonds of Roy Ney as he has discontinued business, said cancellations to be effective as of October 5th, 1942, presented and read. Councilman Van Duelman moved that the request be granted, said cancellations to be effective as of October 5th, 1942. Seconded by Councilman Thompson. Carried b.v the following vote: Yeas—Mayor What -ton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays --None. Communication of U. S. Lewis, Mayor of East Dubuque, Illinois, re- questing that the City of East Du buque be advised of the require- ments to be met in order to obtain the servic of the Dubuque Fire Do- partnient if called upon to help oui in the case of an emergency, large fire, beyond the control of the local fire department, presented and read. Councilman Murphy maved that the communication be referred to the City Manager for the purpose of preparing and submitting a tenta. tive agreement for Council con. sideration. Seconded by Council- man Thompson. Carried by the fol lowing vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson Van Duelman. Nays—None. Petition of Margaret F. Scher bring requesting a refund on her beer license as she is discontinuing the tavern business at 198 Main Street, presented and read. Councilman Thompson m o v e d that the request be granted and that the City Auditor be instructed to draw a warrant in the amount oe $100.00 in favor of Margaret F. Scherbring to cover the amount of refund granted on the unexpired portion of her beer permit No. 17. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of W. Berk requesting Permission to make the necessary repairs to the building located on the Middle 1-5 of City Lot 475 and located at 1458 Locust Street, 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. S e c o n d e d by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Counci' men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Al. DldesClt making application for Fire Depart ment Service to the home of hic father located just north of Davis. Avenue, presented and read. Councilman M,.trphy moved that the communication bo referred to the City Manager to draw up a pro- per agreement. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of the Vateratus of Foreign Wars advising Council that. they have passed a resolution urg- ing the purchase of a suitable loca Regular Session, November 2nd, 1942 21; tion and the construction of a mod- ern airport, presented and read. Councilman Thompson m o v e d that the communication be received and placed on file. Seconded by Councilman Van Duelniap.. Carried by the following vote: Yeas --Mayor Wharton, Council- men Murphy, Schueller, Thompson Van Duelman. Nays—None. Petition of Mrs. Kate A. Miller, referred to the City Council by the Board of Supervisors.. requesting suspension of the 1941. taxes on Jots 9 and 10 of Johnston's Subdivision, presented and read. Councilman Murphy mr,ved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton. Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—:None. Petition of Della C. Thul, referred to the City Council by the Board of Supervisors, requesting cancella- tion of the 1941 taxes on Lot 3 and South 2 feet 6 inches of Lot 2 of Kleinschmit's Subdivision, present- ed and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton; Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of Mrs. Fred Mayer, re ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on Lo*� 126. of Finley, Waples and Burton's Addition, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Vail Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. CONSENT AGREEMENT The undersigned, being the own• ers of all of the iots abutting upon the west side of the alley lying be- tween Maple and Cedar Streets, from East 16th to Fast 17th Streets, hereby consent to the paving with concrete, grading and draining of said alley at the expense of Du. buque Paekiug Company in accom ance with the plat hereto attached, and to the establishing of a per manent grade thereof by the City of Dubuque in accordance therewith. This agreement to bind our heirs, executors, administrators, success; ors and assigns. B. GOLDSTEIN, Witness Carl F. Bartels. MRS. RALPH CAVANAUGH, J. F. Kisting. FLORENCE McLAUGHLIN, J. F. Kisting. CYRIL McLAUGHLIN, J. F. Kis - ting. IDA ESTHER JACOBSON, Wh.- ness David S. Jacobson. SARA R. JACOBSON, Witnes, David S. Jacobson. IDA E. JACOBSON, Witness David S. Jacobson. C Y R I L McLAUGHLIN, ANNA McLAUGHLIN, J. F. Kisting. AI.OIS J. ENDER, ANNA EN DER, J. F. Kisting DUBUQUE PACKING CO., H. W. WAHLERT, Pres., Witness J. F. Kisting. Councilman Van Duelmt:n moved that the Consent Agreement be re- ceived and made a matter of record and that a proper ordinance be or- dered drawn establishing a grade on said alley. Seconded by Councii man Murphy. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communicatior. of Eldon M. Rowe, Meter Service Man in the Water Department, advising that he has been inducted into the armed forces of the United States under the Se- lective Service Act and requesting that he be granted a leave of ah sence as provided by Resolution Nc•. 14-41, of the City of Dubuque, Iowa presented and read. Councilman Thompson m o v e d that the request be granted and made a matter of record. Seconde3 by Councilman Van Duelman. Car ried by the following vote'. Yeas—Mayor Wharton, Council men Murphy, Schueller, Thompson Van Duelman. Nays—None. Proof of publication. certified to by the publishers, of a statdment of receipts and also a list of claims for which warrants were drawn dur Ing the month of September, 1942, presented and read. Councilman Van Duelman moved that the proof of publication be re• ceived and filed. Seconded by Coun 216 Regular Session, November 2nd, 1942 cilman Murphy. Carried by the fol lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson Van Duelman. Nays—None. Council Proceedings for the month of July, 1942, presented fo[' approval. Councilman Murphy moved that the Council Proceedings for the month of July, 1942,.be approved as printed. Seconded by Council- man Thompson. Carried by the fol• lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelmdn. Nays—None. Dubuque, Iowa, October 9th, 1942. To the Honorable Mayor .ind Members of the City Council, Dubuque. Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the CiNil Service Commission conducted competitive examinations for eligible list for appointment to positions as Ambu- lance Driver. The following list shows the names of those who pass- ed the examination with an average of 70% or better. This examination was held on October 8th, 1942. Name. Averago. Gustave E. Fecker ..................99.33%, Jacob N. Welu .........................97.33°/ Darrell N. Kilby ....................93.67% Howard K. Lent ....................82.33%• William T. Nankival ..............81.67% Herman J. Rave ......... ........... WS3w Leonard J. Anglin ....................75.00 T, Respectfully submitted, C. S. HARKER, Chairman. JON. B. MURRAY, Commissioners. Attest: J. J. SHEA, Clerk. State of Iowa County of Dubuque ss. Subscribed and sworn to before me, a Notary Public in and for Du- buque County, State of Iowa, this 9th day of October, 1942. GERALDINE L. DEMKIER, Notary Public. Councilman Thompson m o v e d that the report be received an.t made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mavor Wharton. Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Dubuque, Iowa, October 14th, 1942. To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the State Code of Iowa, 1939, the Civil Service Commission conducted promotional examination on Octo ber 14th, 1942, for those seeking pro- motion to the position of Captain on the Fire Department. This ex- amination was conducted due to the fact that no eligible list existed for this type of promotiom The follow- ing are those who passed with the highest averages. All promotions for the position of Captain on the Fire Department should be made from this list. Name. Average. Harold H. Cosgrove ................83.67% William F. Higgins ...............82.67% Respectfully submitted, C. S. HARKER, Chairman. DR. JON. B. MURRAY, Commissioners. Attest: J. J. SHEA, Clerk. State of Iowa I SS. County of Dubuque Subscribed and sworn to before me, a Notary Public in and for Du- buque County, Iowa, this 14th day of October, 1942. GERALDINE L. DEMKIER, NotaryPublic. Councilman Thompson m o v e d that the report be received and made a mater of record. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. :Nays—None. Dubuque, Iowa, October 28, 1942. 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 State Code of Iowa, the Civil Ser- vice Commission conducted a pro- motional examination on October 28, 1942, for those seeking promotion for the position of Meter Service Man in the City Water Department. Only one applicant for this exam- ination. Regular Session, November 2nd, 1942 17 Name. Average. Robert F. Pflffner ................... .10070 Respectfully submitted, C. S. HARKER, Chairman. JON. B. MURRAY, D.D.S., Commissioners. Attest: J. J. SHEA, Clerk. State of Iowa ISS. County of Dubuque J Subscribed and sworn to before me, a Notary Public in and for Du- buque County, Iowa, this 28th day of October, 1942. GERALDINE L. DEMKIER, Notary Public. Councilman Thompson m o v e d that the report be received and made a matter of record. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. dwellings under the Zoning Or(lin- ance. 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. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. October 10, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Water Works and City Recrea- tion Department, also list of pay- rolls and claims for which warrants were drawn during the month of September, 1942. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. October 28, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of William Blades Estate, et. al., the Planning and Zoning Com- mission recommends to your Honor- able Body denial of same. The lots in question, as well as other lots on Wilson Avenue north of University Avenue are small, being 48 to 55 feet front by 71 feet 5 inches to 74 feet two inches in depth with areas aver- aging about 3,950 square feet. These lots are already crowded and even if rezoned to Multiple Family Classi- fication as requested, would have in- sufficient lot area for four -family October 28, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a meeting of the Planning and Zoning Commission held October 21, 1942, the Secretary was instructed to communicate with your Honorable Body for the pur- pose of acquainting you with the fact that three important matters of progressive civic interest recom- mended by the Commission at vari- ous times during the past two years still remain unacted upon by City Council, to -wit: 1) The development and improve- ment of the Allison -Henderson Playground at Loras Boulevard, Nowata Street and University Avenue (the Bush property) rec- ommended to City Council by City Manager November 26, 1942. This was part of a contract with the Allison -Henderson Memorial Society whereby their property on the river front was to be deeded to the City for industrial purposes. The acceptance of this agreement was recommended to City Council by the Planning and Zoning Commission August 22, 1940. 2) The Subdivision Ordinance de- veloped after months of study by the Planning and Zoning Com- mission and its adoption recom- mended to City Council July 23, 1941. 3) The Tourist and Trailer Camp Ordinance the result of exten- sive study of the best American practice, undertaken on written request by City Council dated July 28, 1941, the adoption of which ordinance was recom- mended to City Council May 15, 1942. The Planning and Zoning Com- mission records show these projects as "Unfinished Business' and natur- ally the Commission feels that their studies, labors and consequent rec- ommendations merit positive action by enactment into law of the sug- a 218 Regular Session, November 2nd, 1942 gested ordinances or modifications thereof. In other words, the Com- mission feels that these important matters should not remain "Unfin- ished Business" and hereby solicit your co-operation. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION, By Richard V. McKay, Secretary. Councilman Murphy moved that the communication be referred to the City Manager and City Solicitor for the purpose of submitting a re- ply to the communication. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. October 30, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On December 29, 1920, the City Council by resolution approved the sale of a strip of land at Elm and 24th Streets to William F. Heitzmann for $100.00 which was paid. The attached deed, issued on April 11, 1921, did not describe the property correctly, was not executed by the City Clerk and had the gran- tee's name wrong. In order to rectify the matter, I recommend that the attached reso- lution be adopted and a corrected deed executed to William F. -Heitz - mann so that the property may be entered in the records for taxation. 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 105-42 Whereas, the City Council of the City of Dubuque on December 29, 1920, approved the sale of a strip of land from Lot 107 of L. H. Lang. worthy's Addition approximately seven and one-half feet in width un E. 24th (then Sanford Avenue) and fifteen and one-half feet in the rear to William F. Heitzmann for $100.00, and Whereas, on the payment of the purchase price of $100.00 a faulty deed was issued, which now requires correction; Now, Therefore, Be It Resol4ed by the City Council of the City of Dubuque the sale of said strip of land to William F. Heitzmann be approved and the Mayor and City Clerk are hereby authorized and di- rected to execute a deed to the fol- lowing described premises, situated in Dubuque County, State of Iowa, to -wit: That portion of Elm Street de- scribed as follows: Beginning at a point on the south property line of Sanford Avenue (now E. 24th Street), one hundred fifty-two and four -tenths feet (152.4') from Washington Street, thence south twenty-four degrees fifteen minutes (24° 151) east sev- enty feet (701), thence north sixty- five degrees fifty minutes (650 50') east fifteen and five -tenths feet (15.51), thence in a northwest- erly direction to a point on the south property line of Sanford Avenue (now E. 24th Street), which is north sixty-five degrees fifty minutes (65° 50') east, thence west along the property line of Sanford Avenue seven and one- half feet (7%1) to the place of beginning, said parcel of real es- tate fronting seven and one-half feet (7i/2') on Sanford Avenue (now E. 24th Street) and being fifteen and one-half feet (151/2') in width in the rear. Passed, adopted and approved this 2nd day of November, 1912. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUEL.MAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 106-42 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 with- Regular Session, November 2nd, 1942 219 in said City, and the Manager is di- rected to issue such permit on be- half of said City. Name. Address. Loral College, 655 Loras Blvd. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 2nd day of November, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VA NDUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 107-42 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 follow- ing applications be and the same are hereby approved, and it is or- dered -that the premises to be occu- pied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name. Address. Mrs. Rosemary Hird, 2220 Univer- sity Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Lewie A. Freymann and Spencer P. Wright, 332 Eighth Avenue. Mrs. Margaret Blum, 700 East 16th Street. Ray Nicks, 521 East 22nd Street. Wm. Barrington and Glen Miller, 520 West Fifth Street. Passed, adopted and approved this 2nd day of November, 1912. ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton Council- men Murphy, Sc Van Duelman. hueller, Thompson, Nays—None. Resolution No. 108-42 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they have received the appro- val 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 appli- cants a Beer Permit: CLASS "B" PERMIT Name. Address. Mrs. Rosemary Hird, 2220 Univer- sity Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Lewie A. Freymann and Spencer P. Wright, 332 Eighth Avenue. Mrs. Margaret Blum, 700 Fast 16th Street. Ray Nicks, 521 East 22nd Street. Wm. Barrington and Glen Miller, 250 West Fifth Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of November, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Application of The Victory Club for a Class "B" Beer Permit for Pri- vate Club presented and read. Councilman Murphy moved that the application be referred to the Council for investigation and report. 220 Regular Session, November 2nd, 1942 Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton Council- men Murphy, Schueller, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, City_C1 rk. Approved aZaL:943. -LA e Councilmen: Attest: %.. A{ ... City Clerk. Special Session, November 4th, 1942 221 City CouncBl (Official.) Special Session, November 4th, 1942. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Van Duel - man. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of canvassing the vote cast at the Special Election held November 3rd, 1942, and acting on any other business as may prop- erly 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 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Mr. Charles Landon, Chairman of the City of Dubuque Bridge Com- mission, addressed the Council rela- tive to the request of Swift & Com- pany for the omission of the side- walk along the new street adjacent to their plant as called for in the plans for the construction of the new bridge. Petition of Swift & Company re- questing the City Council to omit the sidewalk along the new street adjacent to their plant as called for in the plans for the construction of the new high bridge, presented and read. Councilman Schueller moved that the request be denied. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van buelman. Nays—None. The vote of the Special Election of November 3rd, 1942, was then canvassed and showed the following result: No 86 86 68 102 121 142 97 67 149 143 92 91 154 222 148 1768 U U U U N U A .A a a '0 5 a a" b a �, a s �, a b " a UI F r-4 f� U2 i MW bA q z E W F F W + E Yes 323 400 216 366 578 556 379 426 353 460 223 214 276 482 342 5594 No 86 86 68 102 121 142 97 67 149 143 92 91 154 222 148 1768 222 Special Session, November 4th, 1942 Resolution No. 109-42 Whereas, a special municipal elec- tion was held on the 3rd day of November, 1942, in the City of Du- buque, Iowa, pursuant to the provi- sions of Resolution No. 103-42, pass- ed and adopted by the City Council of the City of Dubuque on the 13th day of October, 1942, at which elec- tion the following question or prop- osition was submitted to the elect- ors of said City of Dubuque as pro- vided by Chapters 303.1 and 319 of the Code of Iowa, namely, to -wit: "Shall the following public measure be adopted? Shall the City Council of the City of Du- buque, Iowa, be authorized to levy an annual special tax of not exceeding three-fourths of one mill per annum upon all the tax- able property in said City for the purpose of acquiring, operating, equipping or maintaining a city airport?" Whereas, the votes cast at such election were canvassed by said City Council of said City of Dubuque on the 4th day of November, 1942, 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 5594 NO 1768 Whereas—it it appears from such canvass that a majority of all the electors voting at said special elec- tion voted in ,favor of the proposi. tion and in favor of the authoriza- tion , of an annual special tax as stated in the 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 elec. tion held on November 3, 1942, an annual special tax will be levied upon all the taxable property in said city as stated in the proposition. Passed, adopted and approved this 4th day of November, 1942. ALBERT WHARTON, Mayor, F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelnan moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Notice of Supplemental Estimate The City Council of the City of Dubuque of Dubuque County, Iowa, will meet on the 16th day of Novem- ber, 1942, at 7:30 o'clock p. m., at the City Hall, at which time and place taxpayers will be heard for or against the following estimates for levies of taxes for the year 1942 for the Airport Fund. The pro- ceeds from said tax levies will be used to pay the cost of acquiring, operating, equipping, or maintaining a city airport and to pay the in. terest and principal of any bonds issued to accomplish such purpose. AIRPORT FUND Levies Year Levied Year Collected Amount 1942 1943 $26,646.00 Total .................................. $26,646.00 By order of the City Council of the City of Dubuque of Dubuque County, Iowa. ALBERT WHARTON, Mayor. J. J. SHEA, 11-5-1t City Clerk. Resolution No. 110-42 Whereas, the Council of the City of Dubuque in compliance with the wishes of the people as expressed in the special election of November 3rd, 1942, has caused to be prepared a supplemental estimate for the levy of an airport tax of three-fourths of one mill for the year -1942, the same to be collected the year 1943 and said estimate having been duly ap- proved by it; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that said supplemental estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 16th day of November, 1942, 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 supplemental estimate and proposed tax levy to be publish- ed in the Telegraph -Herald and an official notice be given of the time and place, when and where said budget estimate will be considered by said Council for final adoption, at which time and place taxpayers will be heard for and against said estimate, said publication to be not Special Session, November 4th, 1942 22.1 less than ten (10) days before said date of hearing. Passed, adopted and approved this 4th day of November, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson,. Van Duelman. Nays --None. Notice of claim of Mrs. Joseph Ellerbach in the amount of . $15.00 for damages resulting from a fall wile crossing a defective intersec- tion between Diamond and Ruby Streets, presented 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 Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. ordinance No. 24-42 considered the second reading of the ordinance. Seconded by Coun- cilman Van buelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. An Ordinance relating to sidewalk and/ or street displays of meat and/ or food products, repealing all Ordi- nances in conflict herewith, and pro- viding for a penalty for the violation of the provisions hereof, presented and read. Councilman Thompson moved that the reading just had be consid- ered the first reading of the ordi- nance. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, 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 Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. The ordinance was then read a second time. Councilman Thompson moved that the reading just had be November 4, 1942. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In regard to the letter addressed to the Honorable Mayor and City Council by one F. C. Burdt claiming $17.60 of James F. Lee for certain work in Plumb Street, I re- port that a resolution was passed by the City Council accepting the work and authorizing payment to the Con- tractor on December 1, 1941. There- after, payment was so made. The City has no funds in its hands due the contractor for this particu- lar work. If there is any liability to .claim- ant it is upon the Contractor's Im- provement Bond in accordance with the terms of the bond and Sectibn 10304 of the Code of Iowa. I recom- mend that the claim be filed. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City SOlici- tor Kintzinger be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. November 4, 1942. In re: Claim of Shirley Strader Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: 'With reference to the claim of Mrs. Harold Strader, filed as mother and next of friend of Shir- ley Strader, filed on October 12, 1942, for damages in the sum of $35.00 for doctor bills and expenses because of an injury on or about 224 Special Session, November 4th, 1942 September 14, 1942, from a defective sidewalk south of 1829 Madison Street from investigation I am of the opinion that this is a dangerous walk and the claim should be al- lowed. I recommend that this claim be al- lowed in the sum of $35.00 and that the same be payable to Mrs. Harold Strader, mother and next of friend of Shirley Strader upon delivery to the City of a proper release. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $35.00 in favor of Mrs. Harold Strader as settlement in full of said claim and that said warrant be de- livered upon delivery to the City of a proper release. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. November 4, 1942. In re: Claim of Helen Heins Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the above claim filed November 2, 1942, for certain damages for an in- jury that occurred on May 17, 1942, at Eagle Point Park, this claim has not been filed in accordance with the law and is, therefore, outlawed. I recommend that said claim be denied. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved. Sec- onded .by Councilman Schueller. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. November 4, 1942. In re: Claim of Mrs. Jim Casey Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the above claim filed October 28, 1942, for certain damages for an in- jury that occurred on May 17, 1942, at Eagle Point Park, this claim has 1174 not been filed in accordance with the law and is, therefore, outlawed. I recommend that said claim be denied. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman. Schueller moved that the recommendation of City Solici- tor Kintzinger be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the following claims, I make the fol- lowing report: I recommend that the Petition for Suspension by Mrs. Katie A. Miller for the taxes on Johnston's Sub., Lots 9 and 10 in the City of Dubuque be suspended. With reference to the claim of Della C. Thul for cancellation of taxes on S. 6 of Lot 2 and all of Lot 3, Kleinschmidt's Sub., in the City of Dubuque, Iowa, I recommend that the taxes be suspended. With reference to the claim of Mrs. Fred Mayer, I recommend that the 1941 taxes on Lot 126, Finley Waples & Burton's Addition be sus- pended. I recommend that the recommen- dations on said Petitions should be approved by the City Council of the City of Dubuque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Kintzinger be approved and the Board of Supervisors to be noti- fied of the action taken by the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 111-42 Whereas, application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved -by the Council of the City of Dubuque that the follow - Special Session, November4th, 1942 225 ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith in. spected. Class "B" Permit for Private Club Name Address The Victory Club, 951% Main Street. Passed, adopted and approved this 4th day of November, 1942. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, 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—Councilmen Murphy, Thompson, Van Duelman. Nays—Councilman Schueller. Mayor Wharton not voting. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. J. J. SHEA, C' CI 'k. Approved4M....... 1943., Councilmen: 4 /✓lJ!/Atli * • O/, f(/c L,w u, ci Attest: ........11t� (1 City Clerk. 226 Special Session, November l6th, 1942 City Council (Official.) Special Session, November 16th, 1942. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Van Duel - man. Mayor Wharton 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 a supple- mental estimate for levy of taxes for the year 1942 for the Airport Fund and acting on any other busi- ness 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 supplemental estimate for levy of taxes for the year 1942 for the Airport Fund pre- sented and read. No written objec- tions filed and no objectors present in the Council Chamber. 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 Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Notice of Supplemental Estimate The City Council of the City of Dubuque of Dubuque County, Iowa, will meet on the 16th day of Novem. ber, 1942, at 7:30 o'clock p. m., at the City Hall, at which time and Place taxpayers will be heard for or against the following estimates for levies of taxes for the year 1942 for the Airport Fund. The proceeds from said tax levies will be used to Pay the cost of acquiring, operating, equipping, or maintaining a city air- port and to pay the interest and principal of any bonds issued to ac- complish such purpose. AIRPORT FUND Levies Year Levied Year Collected Amount 1942 1943 $26,646.00 Total ................................. $ 26,646.00 By order of the City Council of the City of Dubuque of Dubuque County, Iowa. ALBERT WHARTON, Mayor. J. J. SHEA, City Clerk. Resolution No. 112-42 Whereas, The Council of the City of Dubuque in compliance with the will of the electors expressed in the election of November 3, 1942, caused to be prepared and published a Sup- plemental Estimate of Expenditures for an Airport Fund for the fiscal year beginning April 1, 1943, and ending March 31, 1944, and the hear- ing upon said Supplemental Esti- mate was fixed for the 16th day of November, 1942, at 7:30 P. M., at the Council Chamber in the City Hall; and Whereas, This being the time and place set for said hearing, said Sup- plemental Estimate was taken up for final consideration by the Coun- cil and all parties in interest have been given the opportunity to be heard for or against said Supple- mental Estimate. It Is Therefore Resolved by the City Council of the City of Dubuque, Iowa: That the Supplemental Estimate for Airport Fund for the fiscal year beginning April 1, 1943, and ending March 31, 1944, heretofore prepared and published be and the same is hereby finally approved and adopt- ed 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 of hearing upon said Supplemental Estimate. Be It Further Resolved, That the three-quarter mill tax required to be collected for the Airport Fund in the year 1943 be and the same is hereby levied in the amount of $26,646.00 as shown in said Supple- mental Estimate. Be 1L, Further Resolved, That all property within the corporate limits of said City is hereby determined to receive benefits from said airport tax levy. Passed, adopted and approved this 16th day of November, 1942. ALBERT WH ARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Special Session, November 16th, 1942 227 Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of Emil Handel making claim for damages to his clothing caused in a fall on a defect- ive sidewalk on the East side of Auburn Street in the 1500 block presented and read. Councilman Thompson moved that the communication be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of the United States Fi. delity and Guaranty Company re- questing cancellation of the beer bond of Spiros D. Coven and George T. Vrotsos as of July 30th, 1942, pre- sented and read. American Legion, advising Council that the Commander of the Ameri- can Legion was authorized and em- powered to appoint a committee of three members of the Post, namely Thos. E. Byrne, Chairman, Benja- min F. Pickard and Donald B. Bartch, to be known as the Airport Committee and also that the Mayor of the City of Dubuque, the City Council, and the Chamber of Com- merce be advised of the personnel of the Committee, so that when meet- ings are held pertaining to the es- tablishment of a Municipal Airport that this Committee may be notified of such meetings, presented and read. Councilman Thompson mov- ed that the communication be re- ferred to the Mayor and City Coun- cil and the City Clerk instructed to advise The American Legion of the action taken by the City Council. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Petition of the Retail Merchants' Bureau requesting permission for the erection of Christmas decora- tions at the intersections on Main Street from Fourth to Eleventh, in- clusive, and on Eighth Avenue from Iowa to Bluff, inclusive, and also re- questing that the City of Dubuque assume the cost of current for the lighting of same from November 25th to January 2nd, presented and read. Councilman Schueller moved that the City will agree to grant the re- quest and assume the cost of cur- rent for the lighting of the decora- tions if the Retail Merchants' Bu- reau still desire such action in view of the recent information received from the War Production Board re- garding the curtailment of lighting for Christmas decorations. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Communication of W. E. Schaefer, Adjutant, Dubuque Post No. 6, The Decision and Order of The Iowa State Commerce Commission in the matter of the application of the City Of Dubuque for an order requiring a watchman at the East 29th Street railroad crossing and ordering the Chicago Great Western Railway Company to provide and maintain flagman protection between the hours of 7:00 A. M. and 6:00 P. M. each day of the week at the location where East 29th Street in the City of Dubuque crosses its tracks; with the further provision that at such time as materials become available for the installation of flashing light signals that the railway company may without further order from the Commission install and maintain such signals in lieu of the flagman protection, presented and read. Councilman Van Duelman moved that the Decision and Order of The Iowa State Commerce Commission be received and placed on file. Sec- onded by Councilman Thompson.. Carried by the following vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. November 10, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, also the list of claims 228 Special Session, November 16th, 1942 and payrolls for which warrants were drawn during the month of October, 1942. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 113-42 Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, 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 North End Choral Club, 2774-2776 Jackson Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 16th day of November, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Wharton, Council. men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 114-42 Whereas, heretofore application was filed by the within named appli- cant for Class "B" Beer Permit and it has received the approval of this Council; and Whereas, the premises to be occu. pied by such applicant have been in. spected 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 appli. cant a Beer Permit. Class "B" Permit for Private Club Name Address The Victory Club, 951% Main Street. 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 November, 1942. F. W. THOMPSON, FRANK VAN DUELMAN, GEO..R. MURPHY, 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—Councilmen Murphy, Thompson, Van Duelman. Nays—Councilman Schueller. Mayor Wharton not voting. Resolution No. 11542 RESOLUTION AND APPLICATION FOR PERMANENT TRANSFER OF FUNDS Whereas, An emergency tax levy was made by the City Council of the City of Dubuque for use in sup- plementing the funds required for debt service during the fiscal year beginning April 1, 1942, and ending March 31, 1943, upon authority and approval of the State Comptroller; and Whereas, As of the 1st day of November, 1942, there were cash balances in the Grading Fund of $565.35 and in the Improvement Fund of $3,077.54; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $35,406.72, which is available for transfer to the Grading and Im- provement Funds above referred to for debt service; and Whereas, During the current fis- cal year Grading Bonds in the amount of $18,000.00 and Improve- ment Bonds in the amount of $35,000.00 mature and Grading Bond Interest in the amount of $3,270.00 plus Improvement Bond Interest in the amount of $7,750.00 become due and payable; and Whereas, In order to pay the ob- ligations due it is necessary to make transfers of $16,963.36 from the Emergency Fund to the Grading Fund and of $18,443.36 from the Emergency Fund to the Improve- ment Fund; and Whereas, Before any transfer can be made from the Emergency Fund to any other fund, an application Special Session, '_November 16th, 1942 229 must be made to the State Comp- Works General Fund and a balance troller for authority to make the of cash and securities of $78,125.40 transfer and his approval secured in the Water Works Sinking Fund; thereon: Now, Therefore, Be It and Resolved, By the City Council of the City of Dubuque, that subject to the approval of the State Comptroll- er, there be and there are hereby transferred from the Emergency Fund the sum of $16,963.36 to the Grading Fund and the sum of $18,443.36 to the Improvement Fund, and the State Comptroller is hereby petitioned to authorize and approve such transfers; and Be It Further Resolved, That upon the approval of such transfer the Auditor of the City of Dubuque is directed to ad- just his books accordingly and to notify the Treasurer of such trans- fers, and such notification shall be accompanied by a copy of this reso- lution and the record of its adop- tion. The resolution was passed, adopt- ed and approved by unanimous ac- tion of the City Council on the 16th day of November, 1942, and all mem- bers thereof signed their names thereto. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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—Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays—None. Resolution No. 116-42 RESOLUTION AND APPLICATION FOR PERMANENT TRANSFER OF FUNDS Whereas, No Water Works Bonds nor Interest are due and payable during the remainder of the current fiscal year and $35,000.00 in bonds and $2,047.50 in interest become due and payable during the succeeding year and therefore the requirements of Section 6151.1 of the Code have been fully met; and Whereas, In order to pay the ob- ligations due, it is necessary to make a transfer of $20,000.00 from the Water Works General Fund to the Improvement Fund; and Whereas, Before any transfer can be made from the Water Works Gen- eral Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, that subject to the approval of the State Comp- troller, there be and there is here- by transferred from the Water Works General Fund to the Im- provement Fund the sum of $20,000.00, and the State Comptroll- er 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 ad- just his books accordingly and to notify the Treasurer of such trans- fer and such notification shall be accompanied by a copy of this reso- lution and the record of its adop- tion. The resolution was passed, adopt- ed and approved by unanimous ac- tion of the City Council on the 16th day of November, 1942, and all members thereof signed their names thereto. ALBERT WHARTON, Mayor. F, W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, 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 Murphy, Schueller, Thompson, Van Duelman. Nays—None. Whereas, During the current Ss - cal year Improvement Bonds in the amount of $35,000.00 mature and Im- provement Bond Interest in the amount of $7,750.00 becomes due and payable; and Whereas, There is now in the hands of the City Treasurer and credited to the Improvement Fund the sum of $3,077.54 which is to be supplemented by a transfer of $18,443.36 from the Emergency Fund; and Whereas, As of the 1st day of No- vember, 1942, there was a cash bal- ance of $42,171.59 in the Water