1949 April Council ProceedingsRegular Session, April 4th, 1949 1S1
I~,
City Council
(OFFICIAL)
Regular Session, April 4th, 1949.
Council met at 7:30 P.M.
Present-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton, City Manager
Rhomberg.
Mayor Van Duelman stated that
this is the regular monthly meeting
of the City Council, and also the
first meeting of the fiscal year,
for the transaction cf soh business
as may properly come before the
meeting,
City Clerk J. J. Shea swore in
Messrs Romolo N. Russo and Clar-
ence P. Welu as Councilmen for the
term commencing the first Monday
in April, 1949.
Councilman Thompson moved
that Councilman Wharton be elect-
ed Mayor for the ensuing fiscal
year. Seconded b y Councilman
Welu. Carried by the following
vote:
Yeas -Mayor -Van Duelman,
Councilmen Russo, Thompson,
Welu.
Naya -None.
Councilman Wharton not voting.
City Clerk J. J. Shea then swore
in the new Mayor, whereupon
Mayor Wharton took the Mayor's
chair.
'RESOLUTION N0. 97.49
A resolution providing for the
appointment of officers of the City
of Dubuque; prescribing their sal-
aries and fixing their bonds.
~Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following officers be appointed, sub-
ject, 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
officers at the expense of t h e
Individual officer; City Manager,
A, A, Rhomberg, bond $5,000.00;
City Solicitor, John J. Kintzinger,
bond $1,000.00; Ctty Clerk, J. J.
Shea, bond $1,000.00; Police Judge,
John C. Oberhausen, bond
$1,000.00.
Passed, adopted and approved
this 4th day of April, 1949.
ALBERT WHARTON
Mayor
F, W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO.
CLARENCE P, WELU
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 Russo, Thompson, Van Duel-
man, Welu,
Nays -None.
Mayor Wharton then swore in
the newly appointed officers, A, A,
Rhomberg, City Manager, John J.
Kintzinger, City Solicitor, J. J.
Shea, City Clerk, ~ John C. Ober-
hausen, Police Judge.
April 4, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
As City Manager of the City of
Dubuque, the undersigned begs to
advise your Honorable Body that
all officers and employees whom
he has the power to appoint, who
are now serving and acting in their
respective capacities and assisting
in the orderly administration of
the City and of the various depart-
ments thereot, said officers and
employees being under my super
vision, direction and control and
their appointments continuing at
the pleasure of the Manager, shall
be paid salaries in accordance with
the budget approved by the City
Council.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Van Duelman moved
that the communication of City
Manager Rhomberg be received
and made a matter of record. Sec-
onded by Councilman Thompson,
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
152 Regular Session, April 4th, 1949
RESOLUTION N0. 98.49
A resolution designating the
official newspaper of the City of
Dubuque.
Be It Resolved by the City
Council of the City of Dubuque that
the Telegraph•Herald, adaily news-
paper, of general circulation in the
City of Dubuque, be and it is
hereby designated and appointed
the official newspaper of said City.
Passed, adopted and approved
this 4th day of April, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. Shea.
City Clerk.
Councilman Welu moved the a-
doption of the resolution. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson,' Van Duel•
man, Welu.
Nays -None.
RE8OLUTION N0. 99.49
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 au-
thorized to distribute such funds in
such banks in amounts not to
exceed the following: First Nation-
al Bank, $326,000,00; American
Trust and Savings Bank, $300,000:
00; Dubuquo Bank and Trust Com•
pony, $275,000.00.
Be It Further Resolved that the
City Treasurer be and he is hereby
directed to file with the County
Treasurer of Dubuque County,
Iowa a list of such depositories
and to keep such list on file with
such County Treasurer at all times.
Passed, adopted and approved
this 4th day of Aprll, 1949,
ALBERT WHARTON
.Mayor
FRANK VAN DUELMAN
F. W. THOMPSON
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. Shea.
City Clerk
Councilman Ruaeo moved t h e
adoption of the resolution. Second'
ed by Councilman T h o m p s a n.
Carried by the following vote:
Yeas -Mayor Wliarton, Council-
men Russo, Thompson. Van
Duelman, Welu,
Nays -None.
RESOLUTION N0. 90.49
Reaolutlon and application for
approval of the permanent trans
far of funds,
WHEREAS, there is now in the
hands of the treasurer the sum
of $101,276.13, credited to t h e
Street Construct[on fund, and
WHEREAS, there is now in the
'hands et the treasurer the sum of
$10,296.19, credited to the Airport
fund, and
WHEREAS, it [s desired to trans
far $25,000.00 from the Street Con•
struction Fund to the Airport (road
purpose) Fund, for the following
reasons:
Ir. order to obtain matching funds
from the Civll Aeronautics Admin•
iatration of the Federal Govern'
maul for the construction of a
public access road into the Mun•
Icipal Airport without issuing bonds,
which would require the levy o[
future taxes for their retirement.
and
WHEREAS, said transfer is to
be permanent in accordance with
section 24.22, code of 1946, and
WHEREAS, there ds sutKcient
money in the Steel Construction
fund to meet all demands thereon,
and
WHEREAS, all laws relating to
municipalities have been complied
with,
NOW THEREFORE, be it re•
solved by the City Counci! of
Dubuque of Dubuque County, Iowa,
subject to the approval of the
State Comptroller, that said sum
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Regular Session, April 4th, 1949 1S3
of $25,000.00, be and the same ie
hereby transferred tram the Street
Construction fund to the Airport
Lund, and the City Auditor (Secre-
tarial officer) fa directed to correct
his books accordingly and to notify
the treasurer of this transfer, ac•
companying the notification with
a copy of this resolution and the
record of its adoption. The vote
thereon was as follows:
Ayes
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Nays
NONE.
Frank Van Duelman
(Presiding officer)
J. J. Shea
(Secretarial ofYlcer)
I hereby certify the above to be
a true and correct copy of reaolu•
lion passed by the City Council on
the 28th day o! March, A. D. 1949.
_ J. J. Shea.
(Secretarial officer)
APPROVAL
The above application and resolu•
lion having .been filed with the
State Comptroller, the transfer re-
quested is Approved March 30, 1949.
R, N. Johnson
State Comptroller
Councilman Van Duelman moved'
that the approval of State Comp-
troller R. N. Johnson be receiv
ed and made a matter of record.
Seconded by Councilman Thomp•
son. Carried by the following vote:
Yeas-Mayor Wharton, Council'
men .Ruaeo, Thompson, Van Duel'
man, Wela
Nays -None.
Notice of Claim of Mrs. Anna
Lang in an unstated amount
for Doctor and Hospital bills for
injuries received in a tall on the
ice in the middle of 23rd Street
and Central Avenue, presented and
read. Councilman Van Duelman
moved that the Notice of Claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Welu. Carried by the
following vote:
Yeas-Mayor Wharton, Council'
men Russo, Thompson, Van Duel•
maa, Weln.
Nays -None,
Communication of the Continent'
al Casualty Company submitting
Certificate of Compliance for the
transaction of Fidelity and Surety
business in the State of Iowa Por
the year ending March 31, 1960,
presented and read, Councilman
Van Dueiman moved that the com-
munication and Certificate of Com•
piiance be received and placed on
P 11 e, Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van
Duelman, Welu.
Nays - Nane,
Communication of Thomas J.
Walsh, Eaecutive Secretary, "I AM
AN AMERICAN DAY" Committee,
in regard to the issuance of a pro-
clamation setting aside Sunday,
May ib as the 1949 "I AM AN A•
MERICAN DAY" and also as to the
setting up a program with civic
organizations for this purpose, pre-
sented and read. Councilman Van
Duelman. moved that the commun-
ication be referred to the Mayor
for consideration. Seconded .by
Councilman Russo, Carried by the
following vote:
Yeas -Mayor Wharton, CouncU•
men R u a s o, Thompson, Van
Duelman, Welu.
Nays -None '
Communication of the Mattel
Realty A Investment Co. submitting
an offer In the amount of $125.00
!or the purchase of Lot 1 of 5 of 1
of Geiger's Subdivision, presented
and read. Councilman Thompson
moved that the communication ''e
referred to the Council to view
the grounds. Seconded by Council-
man Van Duelman. Carried by the
following vote:
Yeas -Mayor Wharton, Council-
men R u s a o, Thompson, Van
Duelman, Wharton.
Nays -None.
Communication of the Highland
Construction Company, Inc. extend-
ing invitation to the City Council
and City Manager to attend a pre'
1S4 Regular Session, April 4th, 1949
showing of the Lustron demonstra-
tion home now erected and com-
pletely furnished at 1460 South
Grandview Avenue, presented and
read. Councilman Van Duelman
moved that the communication be
received and filed. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Ducl-
man, Wharton.
Nays -None.
Communication of Robert J.
Lundin making application for ap-
pointment on the Board of Review,
presented and road. Councilman
Van Duelman moved that the com-
munication be referred to the joint
meeting of the City Council, Board
of Supervisors and Board of Ed-
ucation for their consideration. Sec-
onded by Councilman Russo. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council-
man Russo, Thompson, Van Du~l-
man, Welu.
Nays -None.
Petition of Russell G. Kiasling
requesting a refund in the amount
of $25.00 on the unexpired portion
of Ibis Cigarette Permit No. 122
as he has discontinued business
on March 29, 1949, presented and
read. Councilman Thompson moved
that the request be granted and
the City Auditor instructed to
draw a warrant in the amount of
$25.00 in favor of Russell G. Kiss-
ling to covet the amount of re-
fund granted on the unexpired
portion of his Cigarette Permit No.
322, Seconded by Councilman Welu.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Petition of Thelma Mardauss re-
questing arefund in the amount
of $25.60 on the unexpired portion
of her Cigarette Permit Na. 173
as she has dissolved partnership
on Apri]•1,1949, presented and read.
Councilman Van Duelman moved
that the request..be granted and
the City Auditor instructed to draw
a warrant in fife amount of $25.00
in favor of Thelma Mardauss to
cover the amount of refund granted
on the unexpired portion of hor
Cigarette Permit No. 173. Seconded
by Councilman Rueao. Carried by
the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu. '
Nays -None.
Petition of Paul J. Meyer re•
questing a refund in the amount of
$25.00 on the unexpired portion of
his. Cigarette Permit No. 3 and he
has discontinued business as of
April 1, 1949, presented and read.
Councilman Van Duelman moved
that the request be granted and
the City Auditor instructed to draw
a warrant in the amount of $25.00
in favor of Paul J. Meyer t o
cover the amount of refund granted
on the unexpired portion of his
Cigarette Permit No, 3. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Petition of Clarence J. Bowen
and Robert L. Hanson requesting
a refund in the amount of $100.00
on the unexpired portion of their
Class "B" Beer Permit No. 98 as
they have dissolved partnership on
March 28th, 1949, 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
$100.00 in favor o1 Clarence J.
Bowen and Robert L. Hanson t0
cover the amount of refund granted
on the unexpired portion of their
Class "B" Beer Permit No. 98. Sec-
onded by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
mah, Welu.
Nays =None.
Petition of Mrs. Lena Bauer re-
questing that the attached reaolu•
tion be adopted conveying Lot 11A
in High Street Subdivision to her,
said property being land abutting
on Troy Street between Johnson
Avenue and the end of Troy Street,
presented and read.- Councilman
Thompson moved that the petition
be received and filed. Seconded by
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Regular Session, April 4th, 1949 155
Councilman Van Duelman. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van
Duelman, Welu.
Nays -None.
RESOLUTION N0. 100.49
Whereas, under date of Septem-
ber 15, 1898, the Council of the City
of Dubuque adopted a Resolution
which in part provided as follows:
"Therefore, Resolved by the ci[y
council of the city of Dubuque;
That a strip of land ten Peet wide
on the westerly aide and ten feet
wide on the easterly side of Troy
Street from Johnson Avenue to
end of said Troy Street in High
Street Sub., be and the same is
hereby vacated and annulled as a
public highway in favor oY the
owners of the lots and parcels ~f
]and abutting thereon." A n d
Whereas, aubsaquent to the adop-
tion of said Resolution, the owners
of Lot 11 in High Street Subdiv
ision took possession of the .part
of, the street vacated immediately
abutting said Lot 11; And Whereas,
Lena Bauer has had said Lot 11
and the part of the street vacated
abutting said Lot 11 platted, an
the part of the street abutting sai~
Lot 11 being designated in said
plat as Lot 11A, which plat is filed
for record and recorded in Book 7,
page 165 of the Plat Records of
Dubuque County, Iowa;
And Whereas, Lena Bauer is now
the owner of said vacated portion
of said street, known as Lot 11A;
And Whereas, to secure said Lena
Bauer to her title of the vacated
portion of Troy Street, it is deemed
advisable by this Council to convey,
by Quit Claim Deed, Lot ilA in
High Street Subdivision to said
Lena Bauer.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE AS
FOLLOWS:
Sec. 1. That the Mayor a n d
Clerk be, and they are hereby
authorized and directed to execute
for and on behalf of the City of
Dubuque a Quit Claim Deed of Lot
11A in High Street Subdivision in
the City of Dubuque, Iowa to Lena
Bauer.
Sec. 2. That the Clerk be, and
he is hereby directed to file a
certified copy of this Resolution
Eor record in, the office of the
Recorder of Dubuque County, Iowa.
Passed, Adopted and approved
this 4th day of April, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELD
Councilmen
Attest: J. J. Shea
City Clerk.
Councilman Thompson moved the
adoption of the resolution. Second-
ed by .Councilman Russo. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Petition of the Dubuque Packing
Company requesting permission to
erect and maintain a steel -bridge
across Sycamore Street for the
purpose of supporting and housing
cables and pipes to be used in the
manufacture of ice, and to erect
and maintain a steel tower to
support the same, presented and
read. Councilman Van Duelman
moved that the technical part of
the petition be referred to the
City Manager for recommendation
and report and the petition i n
general be referred to the Council.
to view the grounds. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Dui-1•
man, Welu.
Nays -None.
Proof of publication, certified to
by the publishers, of a statement of
receipts and also a list o~ claims
for which warrants were drawn
during the month of February, 1949,
presented and read. Councilman
Van Duelman moved that the proof
of publication be received and filed.
Seconded by Councilman Thomp-
son. Carried by the fallowing vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
QIIIIIIII'
156 Regular Session, April 4th, 1949 ~ Regular Session, Aprif 4th, 1949 1S7 _
ORDINANCE N0. 12.49
An ordinance designating t h e
alley, first. west of University Ave•
nue as a lane and naming the same,
said ordinance having been passed
upon first reading on March 28th,
1949 and ordered placed on fife
with the City Clerk for public in•
spection far at least one week be•
tare its final adoption, was present-
ed for final adoption.
ORDINANSE N0. 12--49
An Ordinance designating the
alley, first west of University
Avenue as a lane and naming the
_ same.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE;
Sec. 1. That the. alley, first
west of University Avenue, be-
tween Algona and Auburn Streets,
be and the same is hereby desig-
nated as a Lane.
Sec, 2. That the name of said
Lane shall be "Campus Lane."
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 by
law provided,
Passed upon first reading March
28th, 1949.
Passed, adopted and approved
upon final reading this 4th day oP
April, 1949.
ALBERT WHARTON,
Mayor,
F, W. THOMPSON,
FRANK VAN DUELMAN.
ROMOLO N. RUSSO, _
CLARENCE P, WELD.
Councilmen
Attest; J. J. SHEA,
City Clerk.
Published officially to The Tele•
graph•Herald newspaper this 7th
day of April, 1949
J. J. SHEA,
City Clerk.
Councilman Thompson moved the
adoption oY the ordinance, Second•
ed by Councilman Russo. Carried
by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
March 30, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Herewith is submitted Profile No.
1332 showing the proposed change
of grade on Stetmore Street from
the south property line of Lombard
Street to the south property line
of Theisen Street. I recommend
that the proposed grade change be
approved as shown on said profile
and that an ordinance Abe adopte:i
establishing such grade.
Respectfully submitted,
R. J. Gallagher
City Engineer.
Councilman Van Duelman moved
that the recommendation of City
Engineer Gallagher be approved.
Seconded by Councilman Thomp•
son. Carried by the following vote;
Yeas -Mayor Wharton, Counc~-
men Russo, Thompson, -Van Duel-
man, Welu.
Nays -None.
ORDINANCE N0. 13-09
An Ordinance changing the grade
of Stetmore Street from the south
property line of Lombard Street to
the south properjy line of Theisen
Street, presented and read. Council•
man Thompson moved that t h e
reading just had be considered the
first reading of the ordinance. Sec•
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Councilman Thompson move d
that the rules be suspended re•
quiring an ordinance to be read on
three separate days, Seconded by
Councilman Russo. Carded by the
following vote;
Yeas --Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Councilman Thompson move d
that the ordinance be placed on
file with the City Clerk for public
inspection for at least one week
before its Final adoption.' Second•
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causing her to incur medical ex•
pensea and other expenses in the
sum of $80.00, that she has suffered
pain and much inconvenience.
After consultation with her she has
agreed to accept one-half of the
actual expense incurred, to wit, the
amount of $40.00. I recommend that
the claim be allowed in the sum of
$40.00, that a warrant be issued
payable to her order for that
amount, and delivered to her upon
delivery to the City of a release
properly executed by her,
Yourx truly,
John J. Kintzinger
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed ~o
draw a warrant in the amount of
$40.00 in favor of Mra. Barbara
Marach, as settlement in full of
her claim, and that said warrant be
delivered upon receipt by the City
op Dubuque of a properly executed
release. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Dusl•
man, Welu.
Nays -None.
March 31, 1949
Honorable Mayor and
Members of the City Council
City of Dubuque, Iowa
Gentlemen;
With reference to the claim of
Mra, Christina Kowalake, 257 East
12th Street, submited to me for
investigation and report, I have
investigated this matter and from
such investigation find that she
was walking north on her way to -
the A & P Store when she slipped
and fell on ice in front of the
City Cafe on 13th Street at which
time she received a fractured right
wrist, compelling her to go to the
hospital and receive medical lLtten•
lion. Her actual expenses amount-
ed to $84.50. This is a very close
case, and she has agreed to accept
one-half of the actual expenses in
full payment of her claim, to wit,
$42.25. I recommend that her claim
be allowed in the sum of $42.25,
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
ORDINANCE N0. i4--49
An Ordinance establishing park-
ing regulations on part of East
30th Street and providing for a
penalty for violation thereof, pre•
sented and read. Councilman
Thompson moved that the reading
just had be considered the first
reading of the ordinance. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Councilman Thompson move d
that the rules be suspended re•
quiring an ordinance to be read on
three separate days. Seconded by
Councilman Russo. Carried by the
following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Dual•
man, Welu.
Nays -None.
Councilman Thompson move d
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 Welu. Carried by
the following vote;
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Naye -None.
March 31, 1949
Honorable Mayor and
Members oY the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Mrs. Barbara Marsch, 12291/2 Bluff
Street, submitted to me for in-
vestigation and report, I have in•
veatigated this claim and find that
on February 2nd, 1949 about 4:00
P.M. claimant, while walking on
Locust Street, fell on the sidewalk
in front of 1375 Locust Street
at a place where the sidewalk
was covered with dangerous ice
and received a fracture to her arm,
158 Regular Session, April 4th, 1949
that a warrant be issued payable
to her order for that amount and
delivered to her upon delivery to
the City of a release properly ex-
ecuted by hers
Yours truly,
John J. Kintzinger
City Solicitor
Councilman Van Duelman moved
that the recommendation oP City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$42.25 in favor of Mrs. Christina
Kowalske, as settlement in full of
her claim, and that said warrant
be delivered upon receipt by the
City of Dubuque of a properly ex-
ecuted release. Seconded Eby Coun-
cilman Welu. Carried by the Yollow•
ing vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
April 1, 1949
Honorable Mayor and
Members of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Charles G. Evans, 234 West 5th
Street which was submitted to
me far investigation and report,
from such investigation I find that
on January 23rd, 1949 about 10:30
A. M. claimant while crossing the
alley at the crosswalk on the north
aide of West 5th Street between
Main and Locust fell and broke
his right arm near the shoulder;
claimant was in the hospital from
January 24th, 1949 to February 4th,
1949 and has been unable to do
anything since the time of his
injury. That the crosswalk was cow
ered with rough, rounded, rutty and
dangerous ice which caused claim~
want to fall. Claimant's actual dam-
ages are his hospital bill in the
amount of $149.70,.and the doctor's
bill in the amount of $75.00, making
a total of $224.70. After consulta-
tions with him, he has 9,greed to
accept $224.70 in full payment of
h)s claim against the city. I recom-
mend that his claim •be allowed in
the sum of $224.70, that a warrant
be issued payable to his order for
that amount, and delivered to him
upon delivery to the city of a
release properly executed by him.
Yours truly,
Jahn J. Kintzinger
City Solicitor.
Councilman Van Duelman moved
that the recommendation oY City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$224.70 in favor of Charles G. Evans
as settlement in full of his claim,
and that said warrant be delivered
upon receipt by the City of Du-
buque of a properly executed re-
lease. Seconded by Councilman
Thompson, Carried by the follow-
ing vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van . Duel•
rnan, Welu.
Nays - Nope.
April 4, 1949
Honorable Mayor and
Members of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim. of
Ottilia Frick submitted to me for
investigation and report, on Jan-
uary 5, 1949, claimant'while walk-
ing on the sidewalk on Arlington
Street fell on some rough, round-
ed and uneven ice, fracturing her
leg, which compelled her, to have
medical and hospital care, and lose
of time from work. That she has
Piled a claim far $1,200.00; that I
have had consultations with her
attorney, and her actual doctor,
%-ray and medical expense amount
to $206.10, in addition to which she
lost time from work. That they
have agreed to settle this claim
far $250.00. I recommend that a
warrant be issued payable to Wal•
ter Keorner, Attorney for Ottilia
Frick in the sum of $250.00; that
the same be delivered upon de-
livery to the City o4 a release
properly executed by claimant.
Yours truly,
John J. Kintzinger
City Solicitor.
Councilman Thompson move d
that the recommendatiot ~f C11r
Solicitor Kintzinger be approved
and the City Auditor instructed
to draw a warrant in the amount
of $250.00 in favor of Walter Koer-
ner, Attorney for Ott311a Frick, s~
,a
Regular Session, April 4th, 1949 159
settlement in full oY her claim, and
that said warrant be delivered upon
receipt by the City of Dubuque of
a properly executed release. Sec-
- onded by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays - None.
(Awarding Contract)
RESOLUTION N0. 91.49
WHEREAS, proposals have been
submitted by contractors for the
constriction of sanitary sewers and
appurtenances in what is known
as the Bradley Street Sewer Dis-
trict as delimited by Ordinance No.
` 23-48.
The improvement shall consist of
the construction of an eight (8)
inch sanitary sewer, lift station
' and six (5) inch cast iron force
main for the Bradley Street Sewer
District. The eight (S) inch sewer
line begins 'at the lift station locat-
ed on the center line of the alley
first south of Bradley Street 227
feet westerly of the west line of
Henderson Street and proceeds
easterly along the center line of
said alley to a point opposite the
line -between lots numbered 14 and
15 of Block 9 of Grandview Park;
also an eight (8) inch sanitary
sewer beginning at said lift sta-
tion and proceeding northerly a-
cross lot number 6 of Block 10 oY
Grandview Park along a line five
feet westerly from and parallel to
the easterly line of said lot to
manhole number 4 at the center
of Bradley Street; thence wester-
ly along the center line of Bradley
Street to a point opposite the cen-
ter line of lot 47 oY Grandview
Place; also an eight (8) inch son-
itary sewer from manhole number
4 northerly a distance oY 16 feet;
thence easterly in Bradley Street
along aline 9 feet south of and
parallel to the northerly Bne oP
- Bradley Street to a point opposite
the line between lots numbered 22
and 23 of Black 3 of Grandview
Park. The sia (B) inch cast iron
force main begins at the lift ata-
tion and proceeds easterly along
the alley first south of Bradley
Street to a point in Henderson
Street 15 feet west of the east line
of said street; thence northerly
in Henderson Street to the exist~
}ng sanitary sewer in Grandview
Avenue also an eight (8) inch
vitrified sewer pipe overflow line
begins at said lift station and pro-
ceeds in a southerly direction a•
cross portions of lots numbered 22,
23; 24, and 25 of Block 10 o Y
Grandview Park, across vacat°d
Perry Street and continuing across
a portion of lots numbered 8, 9,
and 10 of Block 11 of Grandview
Park, across the vacated alley be•
tween Blocks 11 and 17 of Grand-
view Park and continuing across
a portion of Block 17 of Grandview
Park to its terminal point at a
distance of 532 feet from said lift
station.
pursuant to Resolution No. 68-49
and Larson Construction Co, con•
tractor has submitted the lowest
bid for the furnishing of all labor
and materials and performing the
work as provided for in the planx
and specifications; now therefore,
BE IT RESOLVED .by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to the Larson Construction Co.
and the Manager be and he is
hereby directed to execute a con•
tract on behalf of the City of
llubuque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Council.
Approved and placed on file for
one week on March 28th, 1949.
Passed and adapted this 4th day
of April, 1949.
ALBERT WHARTON
Mayor
F. W. TMOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. Shea
City Clerk
1
160 Regular Session, April 4th, 1949 Regular Session, April 4th, 1949 161
Councilman Van Duelman moved
the adoption of the resolution. SeG
onded by Councilman Thompsou.
Carried bq the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
(Awarding, Contract)
RESOLUTION N0. 929
WHEREAS, proposals have been
submitted by contractors for the
improvement of the following
streets:
(1) Esther Street from the south
curb line of Mt. Loretta Avenue
to the north curb line of Tressa
Street, and
(2) Tressa Street from the east
property line of Esther Street to
the west property line of McLenan
Street.
pursuant to Resolutions No. 44.49
and 4649 and The K-M Construc-
tion Company contractor, has sub•
matted the lowest bid for the fur-
nishing of all labor and materials
and performing the work as pro•
vided for in the plans and specifi•
cations; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the contract for the above men-
tioned improvement ,be awarded to
The K-M Construction Company
and the Manager be and be is
hereby directed to execute a con-
tract on behalf of the City of
Dubuque for the complete perform-
aace of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
fts passage and adoption by the
City Council.
Approved and placed on file for
one week on March 28th, 1949.
Passed and adopted this 4th day'
of April, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN'
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. Shea
City Clerk
Councilman Thompson m o v e,i
the adoption of the resolution. Sec-
onded by Councilman Welu. Carried
by the following vote:
Yeas - Mayor Wharton, CounciI-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
(Awarding, Contract)
RESOLUTION N0. 93.4'9.
WHEREAS, proposals hpve been
eubmitted by contractors for the
improvement oY the following
streets:
(1) Hillcrest Road from the west
property line of Asbury Road to
the east property line of Avalon
Road.
(2) Ogilby Road from the south
property line of Asbury Road to
the north property line of Hillcrest
Road.
(3) Broadiawn Road from the
south property line of Asbury Rd.
to the north property line of Hiil•
crest Road.
(4) Avalon Road from the south
property line of Asbury Road to the
north property line of Hillcrest
Road.
(5) Valleyview Road from the
west property line of Morningview
Road to the east property line of
Avalon Road pursuant to Resolu-
tions No. 48-49, 50-49, 52-49,
54-49 and 56-49 and the Thos.
Flynn Coal Company, contractor,
has submitted the lowest bid
for the furnishing of all labor
and materials and performing the
work as provided for in the plans
and specifications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract far the above
mentioned improvement be award-
ed to the Thos. Flynn Coal Com-
pany and the Manager be and ale
is hereby directed to execute a
contract on behalf of the .City of
Dubuque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED
that this resolution :being deemed
urgent and' of immediate necessity
become effective from and after .te
,1
„F
x
passage and adoption by the Cfty
Council.
Approved and placed on file~for
one week an March 28th, 1949.
Passed and adopted this 4th day
of April, 1949.
• ALBERT WHARTON
Mayor
F. W, THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
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 Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
RESOLUTION NO. 101.49
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 Clty
and the Manager is directed to
issue such permit on behalf o!
said City.
Name -Address
Thelma Mardauss, 349 Eighth
Avenue.
BE IT FURTHER RESOLVED
that the bond filed with the appli•
cation be approved.
Passed, adopted and ,approved
'this 4th day of April., 1949.
ALBERT WHAHTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. Shea
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Van Duel•
man. Carried by the following vote:
Yeas -Mayor Wharton, Councii-
men Russo, Thompson, Van Duel-
man, Welu. .
Nays -None.
Rf60LUTdON NO. 102.49
WHEREAS, agplications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW
THEREFORE,
BE IT RESOLVED by the Goun•
cil of the City of Dubuque that
the following applications be grant-
ed and the licenses are to be issuad
upon the compliance with t h e
terms of the ordinances of this
city.
~ CLASS "B" PERMIT
Name -Address
Ellas Mihalis and Ruby Mihalis,
574 East 16th Street.
Class "C" Permit
William J. White, 1993 Asbury
Road.
Passed, adopted and approved
this 4th day of April, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. Shea
City Clerk
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Carried
' by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
RESOLUTION NO. 103.49
WHEREAS, heretofore applica-
tions for Beer Permits were filed
by the within named applicants
and they have received the approv-
al 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 oP 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
Ellas Mihalis and Ruby Mihalis,
574 East 16th Street.
162 Regular Session, April 4th, 1949
CLASS "C" PERMIT
-'9Villiam J. White, 1993 Asbury
Road.
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 4th day of April, 1949.
ALBERT WHARTON ,
Mayor.
F. W. THOMPSON
FRANK"VAN DUELMAN
RO~fOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. Shea
City Clerk
Councilman Van Duelman moved
the adoption of the resolution. Sec•
onded by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Couu-
cilmen Russo, Thompson, Van Duel-
man, Weln.
Nays -None.
RESOLUTION N0. 10449
RESOLUTION DESIGNATING DE•
POSITORY TO RECEIVE PUBLIC
FUNDS FOR FEDERAL AIRPORT
PROJECT, ><JNIT N0. 2, DU-
BUQUE MUNICIBAL AIRPORT.
WHEREAS, the regulations
-under the Federal Airport Act re-
quires the designation of official,
-officials, or depository authorized
by law to receive public funds
within 10 days after the accep-
tance of a Grant Offer from the
United States, and
WHEREAS, under the provisions
of Chapter 453, 1946 Code oY Iowa,
the Dubuque Bank and Trust Co.
is legally authorized to receive
such public funds, now therefore,
1iE IT RESOLVED by the City
Council of the City of Dubuque
that the Dubuque Bank and Trust
Co. is hereby designated depository
for the City of Dubuque, Iowa to
receive payments representing the
United States' share oP project
costs for Federal airport project,
Unit 2., Dubuque Municipal Airport.
Passed, adopted and approved
this 4th day of April., 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
COUNCILMEN
Attest: J. J. Shea
City Clerk
Councilman Van Duelman moved
the adoption of the resolution
Seconded by Councilman Russo.
Carried by the following vote:
Yeas -Mayor Wharton, Counc~l-
,men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
There being no further business
Councilman Van Duelman moved
to adjourn. Seconded by Ceuncil-
man Thompson. Carried by t h e
following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
J. J. SHEA,
City Clerk.
Approved .................................... 1949
Adopted ........................................ 1949
Councilmen { ..:...................................
Attest:' ...:............................................
a
Special Session, April 18th, 1949 163
City Council
(OFFICIAL).
Special Session; April 18th, 1999
Council met ak 7:30 P.M.
Present -Mayor Wharton,
Councilmen Russo, Thompson, Van
Duelman, Welu. City Manage r
Rhomberg.
Meeting called by order of Coun-
cilmen Russo and Welu.
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
considering bids submitted for the
improvement of Stetmore Street,
for the improvement of Dunlieth
Street and for the construction of
a storm sewerage system for tho
Hillcrest Annexation and acting on
auy other business as may properly
come before a regular meeting of
the City Council.
Proof of publication, certified to
Eby the publishers, of ^otice to
contractors of the receipt of pro•
posals for the improvement of Stet-
more Street (weak side) from the
north property line of Theisen
Street to the south property ling
of Lombard Street, presented and
read. Councilman Van Duelman
moved that the proof of publication
be received and filed. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
April 18, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions,
sealed .bids were received until 10:-
00 A. M., April 18, 1949 for the
improvement of the west side of
Stetmore Street from Theisen
Street to Lombard Street. T h e
three bids received are tabulated
ou the attached sheet.
I recommend that the contract
for the above work be awarded to
the Thos. Flynn Coal Company,
whose bid was the lowest and hest
received.
Respectfully submitted,
A. A. Rhomberg
City Manager
Councilman Thompson move 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 Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
(Awarding Contract)
RESOLUTION N0.105.49
WHEREAS, proposals have been
submitted by contractors for the
improvement of Stetmore Street
(west side) from the north prop-
erty line of Theisen Street to the
south property line of Lombard
Street pursuant to Resolution No.
87-49 and the Thos. Flynn Coal
Company contractor, hoe submitted
the lowest bid for the furnishing
of all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to the Thos. Flynn Coal Corn-
pany and the Manager be and he
is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption .by the
City Council.
Approved and Placed on file for
one week on April 18th, 1949.
Councilman Van Duelman moved
that the resolution be approved
and placed on file for one week.
Seconded by Councilman W e 1 u.
Carried by, the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Proof of publication, certified to
by the publishers, of noticg to
contractors of the receipt of ~ro-
posals for the improvement o f
164 Special Session, April 18th, 1949
Dunleith Street from the west
property line of Southern Avenue
to the cud, presented and read.
Councilman Van Duelman moved
that the proof of publication be
received and filed. Seconded by
Councilman Russo. Carried by the
following vote:
Ysas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
, Welu.
Nays - None.
April 18, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10:00 A.M., April 18, 1949 for the
improvement of Dunleith Street
from the west line of Southern
Avenue to the end of the street.
The two bids received are tahu-
Iated on the attached sheet.
I recommend that the contract
for this work be awarded to the
Thos. Flynn Coal Company, whose
bid was the lowest and best re-
ceived.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Thompson move 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 Russo, Thompson, Van Duel-
man, Welu.
Nays - None.
(Awarding Contract)
RESOLUTION N0. 106.49
WHEREAS, proposals have been
submitted by contractors for the
tmpravement Of Dunleith Street
from the west property line of
Southern Avenue to the end Pur•
snout to Resolution No. 89-49 and
the Thos. Flynn -Coal Company
contractor, has submitted the low•
est ,bid for the furnishing of alt
labor and materials and performing
the work as provided far in the
plans and specifications; n o w
therefore,
BE IT RE50LVED by the City
Council of the City of Dubuque
that the contract for the above
mentio3uad improvement be award-
ed to the Thos. Flynn Coal Com•
pang and the Manager be and he
is hereby directed to execute a
contract on "behalf of the City of
Dubuque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on April 18, 1949.
Councilman Van Duelman moved
that the resolution be approved
and placed on file for .one week.
Seconded by Councilman Russo.
Carried •by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Proof of publication, Certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for the construction of a storm
sewerage system for the Hillcrest
Annexation with storm sewers lo-
cated in the following locations:
1. In Hillcrest Road from the
west property line of Asbury Road
to the east property line of Ogilby
Road.
2. In MorningYiew Road from
the north property line of Hillcrest
Road to the south property line of
Asbury Road.
3. In Valleyview Road fro m
Morningview Road to Broadlawn
Road, presented and read. Council-
man Van Duelman moved that the
proof of publication be received
and filed. Seconded by Councilman
Russo. Carried by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
April 18, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen: ~
Pursuant to your instructions,
sealed bids were received until
10:00 A. M., April 18, 1949 for the
construction of storm sewers to
the Hillcrest Annexation District.
~~
~~~
Special Session, April 18th, 1949 - 16S
The twa bids received are tabutat-
ed on the attached sheet.
I recommend that the contraei
for this work be awarded to the
Thos. Flynn Coal Company whose
_ bid was the lowest and best re-
ceived.
Respectfully submitte~.i,
A. A.'Rhomberg,
City Manager
Councilman Van Duelman moved
that the recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Weht.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
(Awarding Contract)
RESOLUTION N0. 107.49
WHEREAS, proposals have been
submitted by contractors for the
construction of a storm sewerage
system for the Hillcrest Annexe-
. tion with storm sewers located ~n
the following locations:
1. In Hillcrest Road from the
west property line of Asbury Road
to the east property line of Ogii'~y
Road'.
2. In -Morningview Road from
the north property line of Hillcrest
Road to the south property line
of Asbury Road. '
3. In Valleyview Road from
Morningview Road to Broadlawn
Road.
pursuant to Resolution" No. 82.49
and the Thos. Flynn Coal Company
contractor, has submitted the low-
est bid for the furnishing of all
labor and" materials and perform-
' ing the work as provided for in
the plans and specifications; now
therefore,
BE IT RESOLVED by the City
Caunefl' of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to the Thos. Flynn Coal Com-
pony and the Manager be and he
is hereby directed to execute a
contract on behalf of the City
of Dubuque for the complete per-
. formance of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
u>`genC and of immediate necessity
become effective from and-after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on April 18th, 1949.
Councilman Van Duelman moved
that the resolution be approved and
placed on file for one week. Sec•
onded by Councilman Russo. Car•
rred by the following vote:
Yeas -Mayor Wharton, Council•
men Russo,, Thompson, Van Duel-
man, Welu.
Nays -None.
Councilman Van Duelman moved
that the- rulers be suspended for the
purpose of allowing anp one pres-
ent in the Council Chamber, who
wishes to do so, to address the
Council, Seconded by Councilman
Russo. Carried by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Mr Homer Butt addressed the
Council asking,tflat he be granted
permission to erect Luetron Homes
in the City of Dubuque. Council-
man Russo moved that action be
suspended by the'Council on the
verbal request of )4Yr: Homer Butt
for the purpose of further study
and investigation. Seconded b y
Councilman Thompson. Carried by
~ the following vote;
Yeas -Mayor Wharton, Council-
man Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Attorney William Connery ad-
dressed the Council with reference
to the extension of the atarm sew-
er, the grading and opening of
Adair Street and requesting that
Council review this area. Council-
man Thompson moved that the
verbal request of Attorney 1Villiath
Connery be referred to the Council
to again view the grounds. Second-
ed by Councilman Russo. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men. Russo, Thompson, Ven Duel-
man, Welu.
Nays -None.
Mr. Glenn Ellis and others, resi-
dents and property owners itt the
Cherry Street, Green Street a~n~l
Finley Street diatrlcts addresaeil
thg Council with ref~rende~ t!k thL
166 Special Session, April 18th, 1949
construction of a sanitary sewer
in this district. Councilman Vin
Duelman moved that the C i t y
Solicitor be instructed to prepare
and submit for Council considera-
tion an ordinance cstablfshing the
Cherry-Green Finley Streets sewer
district. Seconded by Councilman
Russo. Carried by the following
Vote:
Yeas -Mayor Wharton, Councii- I
men Russc, Thompson, Van Duel-
man, Welu.
Nays -None.
Notice of Claim of Mra. Anna
Link in the amount of $5,000.00
for injuries received in a fall on
an icy sidewalk fn front of the
store, building at 2997 Central Ave-
nue, presented and read. Council-
man Thompson moved that the
Notice of Claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Russo. Carried by the following
vote:
Yeas -Mayor Wharton, Council-
men Rpsso, Thompson, Van Duel-
man, Welu.
Nays - None.
Notice of Claim of Ruby Bideaux
in the amount of $1,000.00 for
injuries received in a fall on au
icy sidewalk on the westerly side
of Spruce Street approximately
three or four feet where it joins
the sidewalk on the northerly side
of University Avenue, presented
and read. Councilman Thompson
moved that the Notice of Claim
be referred to the City Solicitor
for investigation and report. Seo-
onded by Councilman Russo. Car•
ried .by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays - Nono.
Notice of Claim of Marie A.
Reynolds in the amount of $2.,000:
00 for injuries received in a fall
on an icy alley crossing on Eighth
Avenue between the Roshek Broth-
ers Store and Montgomery Ward
and Co. Store on the' south airie
of Eighth Avenue, presented and
read. Councilman Thompson mow
ed that the Notice oP Claim be re•
ferred to the City Solicitor for
investigation and report Second•
ed by Councilman Russo. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Notice of Claim of R. C. Irwin
in the amount of $7.50 for damages
to his automobile caused in strik•
ing a hole in the street on Asbury
Road opposite Ogilby Road, pre-
sented and read. Councilman Russo
moved that the Notice of Claim
be referred to the City Solicitor
far investigation and report. Sec-
onded by Councilman Welu. Car•
ried by the fallowing vote:
Yeas -Mayor Wharton, Council-
men Russc, Thompson, Van Duel-
man, Welu.
Nays -None,
- Communication of The United
States Conference of Mayors in
regard to the new Rent Control
Act as the same applies to a
state or local government, present-
ed and read. Councilman Van Duel-
man moved that the communica•
lion be referred to the Council for
consideration. Seconded by Council-
man Welu. Carried by the follow-
ing vote:
Yeas -Mayor Wharton. Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Communication of the Wickes
Engineering & Construction Co.
submitting for City files a Main-
tenance Bond issued Eby the Johns•
Manville Company covering roof-
ing and sheet metal installed by
the Geisler Brothers Company, of
Dubuque, at the Terminal Admin•
istration Building at Dubuque
Municipal Airport, presented and
read. Councilman Van Duelman
moved that the communication be
received and filed and the Main-
tenance Bond placed on file.
Seconded by Councilman Russo.
Carried by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Communication of the Dubuque
Fire Fighters Association extend-
ing thanks to the, City Council
{
i
Special Session, April 18th, 1949 167
for the granting of a five percent
salary increase for the members
of the Fire Department, presented
and read. Councilman Russo moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Welu. Carried by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Weln.
Nays -None.
Communication of the Dubuque
Policemen's Protective Association
extending their appreciation to the
City Council for the recent ln•
crease in wages granted to the
members of the Police Department
and also extending an invitation
to the Council to attend the Annual
Policemen's Ball to be held a t
Melody Mill, presented and read.
Councilman Van Duelman moved
that the communication be receiv-
ed and (fled. Seconded ,by Counictl•
man Welu. Carried by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Dual-
man, Welu.
Nays -None.
Communication of the Midwest
Conference of Building Officials
and Inspectors announcing th e
Third Annual School for Building
Inspectors to be held in Chicago,
Illinois, June 19-23, 1949, and ex•
tending an invitation to the Buitd•
ing and Plumbing Inspectors to
attend said school., presented and
read. Councilman Van Duelman
moved that the communication be
referred to the Council for con-
sideration. Seconded by Council-
men Welu. Carried by the follow-
ing vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Communication of the National
Highway Users Conference, Inc.
advising that they are about to
sponsor a highly significgnt safety
development sad asking that the
Mayor issue a statement to the
press on May 10, citing the signiti•
cance of this unique approach to
better traffic safety, presented and
read. Councilman Van Duelman
moved that the communication be
referred to the Mayor. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Petition of Mrs, Mary Hier, re-
ferred to the City Cauncll by the
Board of Supervisors, requesting
the suspension of the 1948 tax on
the North 24 feet of the East 170
Peet of Lot 374 Davis Farm Addi•
lion, presented and read. Council-
man Thompson moved that the
petition be referred to the City
Solicitor Por investigation and re-
port. Seconded by Councilman
Russo. Carried .by the following
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Petition of Mre. Elizabeth Clark
and others requesting the exten-
sion of the sanitary sewer o n
Lincoln Avenue to serve their prop-
erty, presented and read. Council-
man Van Duelman moved that
the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Russo. Car-
ried by the following vote:
Yeas -Mayor Wharton, Coundil-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Petition of the Catholic Mother's
Study Clubs requesting the City
Council to take some action to
have property owners investigate
the condition of cisterns, wells dr
mine holes an their property and
make sure that they are aduquately
covered in order to eliminate hai:-
ards to small children, presented
and read. Councilman Van Duel-
man moved that the City Manager
be instructed to have a survey
made of City awned property to
ascertain if any hazards exist and
to correct the same if any are
found, also to request property
owners to do likewise, also to re-
quest any citizens knowing oY any
such hazards to report the same to
the Police Department. Seconded
168 Special Session, April 18th, 1949
by Councilman Thompson. Carried
by the following vote;
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None,
Petition of the Safety Committee
Dubuque Junior Chamber of Com•
merce requesting the City Council
and the City Recreation Depart•
went to provide supervised play-
ground facilities from June 13, 1949
to September 2, 1949, presented
and read. Councilman Thompson
moved that the petition be referred
to the Recreation Commission for
their recommendation and report.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays - None.
Petition of Louis J. Kirkwood
and others, property owners, re-
questing that a sanitary sewer ,ne
constructed on Coates Avenue,
Cross and Simpson Streets, as soon
as possible, ae the septic tankd
now in service are causing a defin•
its health hazard in this area, pre-
sented and read, Councilman Van
Duelman moved that the petition
be referred to the Council to
view the grounds. Seconded b y
Councilman Russo. Carried by the
following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Mr. Herbert Klauer
addressed the Council wit h
reference to the drainage of
storm water and the condition
of the alley between Asbury and
Finley Streets tram Green Street
to Cherry Street and asking that
both conditions be taken care of,
Councilman Van Duelman moved
that the verbal request of Mr.
Herbert Klauer be referred to th0
Council to view the grounds. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas - Mayor Wharton, Coun-
cilmen Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Mr. Ralph Noe addressed the
Council asking that some relief tie
granted in the matter of parking
in the vicinity of 919 Bluff Street,
Councilman Van Duelman moved
that the verbal request of Mr.
Ralph Noe be referred to the
Council for consideration. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Petition of Thos, J. Mulgrew Co.
making application for permission '
to erect a fuel oil storage tank,
that will hold approximately fif~:y
thousand barrels of fuel oil, ou
their property in Block 27 of Du•
buque Harbor Company's Addition,
presented and read. Councilman
Van Duelman moved that the peti-
tion be referred to the Council to
view the grounds. Seconded b y
Councilman Russo, Carried by the
following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Petition of J. P. Burroughs and
others, owners of property along
English Lane, requesting the Citq
Council to grade and curb Englis0
Lane Pram Mt. Loretta to South-
ern Avenue and to widen it to
forty feet, presented and read.
Councilman Van Duelman moved
that the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Welu, Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Petition of the Dubuque Safety
Council requesting that the neces-
sary proceedings be prepared and
adopted designating Windsor Ave•
nue as a boulevard from Garfield
Avenue to the east line of Rhom-
berg Avenue and from the west
line of Rhomberg Avenue to tha
south line of Davis Street, present-
ed and read. Councilman Russo
moved that the petition be referred
to the Chief of Police Yor invest•
~,.
~,
4-
~:.
u;
h
Special Session, April 18th, 1949 169
igation and report. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
RESOLUTION N0. 108.49
WHEREAS, Mettel Realty & In-
vestment Co., owner of certain real
estate, has proposed to vacate cer-
tain plats and parts of other plats
thereof, all being plats of Mineral
Lots 361, 362, and 363 in the City
of Dubuque, Iowa, and
WHEREAS, to make said declar-
ation of vacation effective, it must
be approved by the City of
Dubuque, Iowa, and
WHEREAS, the City of Dubuquo,
Iowa, has no abjection to said
vacation;
NOW, THEREFORE, Be, and it
Is Hereby Resolved, that the ~Deo-
laration of Vacation of Plats and
Parts of Plats by Me~tel Realty &
Investment 'Co., relating to prop•
erty lying northerly of 32nd Street
and westerly of Central Avenue in
the City of Dubuque, Iowa, and
being located in Mineral Lots 361,
362, and 363 in the City of Dubuque,
Iowa, be and the same is hereby
approved.
Adopted Chia 18th day of April,
1949.
ALBERT WHARTON
Mayor
F, W. THOMPSON
FRANK VAN DUELMAN
ROMO'LO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest; J. J, Shea
City Clerk
Councilman Van Duelman moved
the adoption of the resolution.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
RESOLUTION N0, 109.49
WHEREAS, Mettel Realty & In
vestment Co., is the owner o f
certain real estate lying northerly
of 32nd Street and westerly of
Central Avenue- in the City of
Dubuque, Iowa, and located i n
Mineral Lots 361, 362., and 363 in
the City of Dubuque, Iowa, and
WHEREAS, the owner thereof
has made and executed a plat
thereof so that said property is
now known as "Heim Subdivision,"
and
WHEREAS, the plat of sa i d
"Heim Subdivision" has been sub-
mitted to the City. of Dubuque,
Iowa, for approval., and
WHEREAS, the City of Dubuque,
Iowa, has no objections thereto:
NOW, THEREFORE, Be and IC
Is Hereby Resolved that the plat
of "Heim Subdivision" as made and
executed by Mettel Realty & In•
vestment Co., relating to property
lying northerly of 32nd Street and
westerly of Central Avenue and
being located in Mineral Lots 361,
362, and 363 in the City of Dubuque,
Iowa, be and the same is hereby
approved.
Adopted this 18th day of April,
1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N, RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. Shea
City Clerk
Councilman Thompson moved the
adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the following vote;
Yeas -Mayor Wharton, Council•
man Russo, Thompson, Van Duel-
man, Welu.
Nays -None,
Analysis of revenue and expens-
es for electric and bus transporta-
tion service of the Interstate Power
Company for the year ended De•
cember 31, 1948, presented and
read. Councilman Thompson moved
that the report .be received and
placed on file. Seconded by Coun-
cilman Russo. Carried by the follow-
ing vote:
Yeas =Mayor Wharton, Council-
men Ruasa, Thompson, Van Duel•
man, Welu,
Nays -None.
Petition of the Interstate Power
Company asking for some financial
relief for their Bus Transportation
170 Special Session, April 18th, 1949
Department, presented and read.
Councilman Russo moved that ac-
tion on the petition be suspended
gation and study by the City Coun-
cil and that the officials of the
Interstate Power Company be in-
vited to attend the meeting of the
City Council at the time that the
petition is being considered. Sec•
onded by Councilman Welu. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Petition of the Interstate Power
Company submitting for Council
consideration a proposed change
on some of their bus routes in the
City of Dubuque, presented and
read. Councilman Welu moved that
the petition be referred to the
City Manager for a conference with
the officials of the Interstate
Power Company and to submit a
report back to the Council. Second-
ed .by Councilman Thompson. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays - None. ~
ORDINANCE N0. 13.49
An Ordinance changing the grade
of Stetmore Street from the south
property line of Lombard Street
to the south property line of Thei-
sen Street, said ordinance having
been passed upon first reading on
April 4th, 1949 and ordered placed
on file with the. City Clerk for
public inspectio^ for at ]east one
week before its final adoption, was
presented for fins] adoption.
ORDINANCE N0. 13-j19
An Ordinance Changing the
Grade of Stetmore Street from the
South Property Line of Lombard
Street to the South Property Line
of Theisen Street.
Be It Ordained by the City Coun-
cil of the City of Dubuque:
Section 1. That the grade on
Stetmore Street from the south
property line of Lombard Street
to the south property line of Thei-
sen Street established b9 Ordi-
nance 2-47 in accordance with
,profile number 1321 be and the
same its hereby changed; estab-
lished and adopted as shown by
the profile of said street and grade
prepared by the City Engineer
being profile number 1332. Bench
Mark, point of arrow on fire
hydrant at the southwest corner
of Stetmore Street and Lombard
Street. elevation 223.63.
Said grade begins at station
0+00 at the south property line of
Lombard Street, east and west
curb elevations 220.30; thence to
station 0+50 east and west curb
elevations 218.07, thence to station
1}00, east and west curb eleva-
tions 216.50; thence to station
2}20. east and west curb eleva-
tions 213.54; thence to station
2}70. east and west curb eleva-
tions 212.30, thence to station
3}20, east and west curb eleva-
tions 211.84; thence to station
4+20 at the south property line
of Theisen Street, east and west
curb elevations 210.94,
Section 2. This ordinance shall
be in force and take effect ten (101
days from and after its passage
by the City Council and its publi-
cator as required by law.
Passed upon first reading April
4th, 1949.
Passed, adopted and approved
April 18th, 1949.
ALBERT WHARTON,
Mayor,
F. W. THOMPSON,
FRANK VAN DUELMAN,
ROMOLO N. RUSSO,
CLARENCE. P. WELiJ,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 26th
day of April, 1949.
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 Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
ORDINANCE N0. 1449
An Ordinance establishing park•
ing regulations on part of East
30th Street, and providing for a
~~~
Special Session, April 18th, 1449 171
peualty for violation thereof, said
ordinance having been passed upon
first reading on April 4th, 1949
and ordered placed on file with
the City Clerk for public inspection
for at least one week before its
final adoption, was presented far
final adoption.
ORDINANCE N0. 14-49
An Ordinance Establishing Park-
ing Regulations on Part of East
30th Street, and providing for a
penalty for Violation Thereof,
Be It Ordained by the City
Council of the City of Dubuque;
Section 1. It shall be unlawful
to park any vehicle at any time
on the north side of East 30th
Street from the east side of Jack-
son Street to a point 334 feet
easterly thereof, provided that
such space above designated shall
first be marked by proper signs
erected at intervals with the words
thereon, "No Parking at Any
Time."
Section 2. Any person, firm or
corporation violating any of the
provisions of this Ordinance shall
be deemed guilty of a misde-
meanor, and upon conviction shall
be fined by a fine of not to exceed
$100,00 or imprisonment for not
more than 30 days.
Section 3. This Ordinance shall
be in force and effect ten days
from and after its final passage.
adoption, and approval as by law
provided.
Passed upon first reading April
4th, 1949.
Passed, adopted and approved
upon final reading this 18th day
~of April, 1949.
„_._. ALBERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN
ROMOLO N. R1JSS0
CLARENCE P. WELD.
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Published officially in the Tele-
graph-Herald newspaper this 26th
day of Aprii, 1949.
J. J. SHEA
City Clerk.
Councilman Welu moved t h e
adoption of the ordiuance. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Annual Roport of the Librarian
of the Carnegie-Stout Free Public
Library for the year ending March
31, 1949, presented. Couucilman
Van Duelman moved that the Annu-
al Report of the Libraria^ be re•
ceived and placed on file. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Annual Report of the Board of
Library Trustees of the Carnegitr•
Stout Free Public Library for the
year ending March 31, 1949, pre-
sented. Councilman Van Duelman
moved that the Annual Report of
the Board of Library Trustees be
received and placed on file. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
Communication of Chief of Poltce
Strub requesting that Council au-
thorize Police Officer W. J. Andre-
sen to attend the Highway Safety
Conference to be held in Washing-
ton, D. C. on June 1, 2, and 3,
1949, presented and read. Council-
man Russo moved that action Abe
suspended on the communication
of Chief of Police Strub for further
informatics, the matter to be dis-
posed of at the next meeting
of the City Council. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
April 14, 1949
Honorable Mayor and
Mombers of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Mrs. George G. Bogue for $650.00
Por damages which was referred to
172 Special Session, April 18th, 1949
me for investigation and report, on
the night of December 18, 1948,
claimant, while crossing 8th Street
at Main on the crosswalk from
the northwest to the southwest
corner, slipped, fell, and broke her
Icg on account of the icy con-
dition of the walk, at which time
she sustained a fracture to her
right leg above the ankle. It ap-
pears that there was no snow or
ice on the ground for at least a
week prior thereto, and that on
December 18th, 1948, there was a
snowfall of 3,6 inches leaving a
snow of a depth of about 2.1 inches
on the ground. Her injury was
sustained the same day the snow
fell, and it is my dpinion that
there is no liability of the part of
the City in this case.
I therefore recommend that the
claim herein be denied.
Yours truly,
John J. Kintzinger
City Solicitor
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger ,be approved.
Seconded by Councilman W e 1 u.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
April 9, 1949
Honorable Mayor and Members
of the City Council
City of Dubugue, Iowa
Gentlemen:
With reference to the claim ;!!
Mrs. Anna Lang that waa referred
to me for investigation and report,
on January 31, 1949, Mra. Lang
while crossiug Central Avenue at
23rd Street on the regular cross-
walk, stepped on a ridge of hard~
packed snow about a foot or a
toot and a half high that had
been plowed in the center of Cen-
tral Avenue, which was covered
with a thin coat of ice, and fell
and fractured' her ankle; that she
was compelled to go to the hos-
pital and received medical treat-
ment. Thati the conditton of this
crosswalk with this ridge of hard-
packed snow and ice was a con-
dition created by the City in plow-
ing the snow at that place; that
said condition was dangerous. After
conference with Mr. Lang she has
agreed to settle her claim with the
City for liar actual damages which
are $58.30, $28.30 "being the hos•
pital bill, and $30.00 being the
doctor bill. I recommend that her
claim be allowed in the amount of
$58.30 and that a warrant be issued
payable to her order for s a f d
amount and delivered to her on
delivery to the City of a release
properly executed by her.
• Yours truly,
Jahn 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
$58.30 in favor of Mrs. Anna Lang,
as settlement in full of her claim,
and- that said warrant be delivered
upon receipt by the City of Du•
buque of a properly executed re•
lease. Seconded by Councilman
Welu. Carried by the fallowing
vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
April 18, 1949
Honorable Mayor and Members
of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Mrs. Emma McNulty of 2605 Wash•
ington Street, Dubuque, which hoe
been referred to me for investiga-
tion and report, On March 11th,
1949 while walking on the side-
walk on Washington Street near
27th Street, she tripped and tell
on a black of cement that was
higher than the next block, sus•
taming injuries to her face,•break-
ing her glasses, which necessitated
treatment by doctors and n e w
glasses and some medicine; that
her actual expenses amount to $45:
oo. After conference with her she
has agreed to accept $45.00 in full
payment of her claim.
I recommend that her claim be
allowed in the amount of $45.00,
and that a warrant be issued pay-
able to her order for said amount,
and the same be delivered "to her
Special Session, April 18th, 1949 173
upon delivery to the City of a
release properly executed by her,
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
$45.00 iu favor of Mrs. Emma
McNulty, as settlement in full of
her claim, and that said warrant
be delivered upon receipt by the
City of Dubuque of a properly ex-
ecuted release. Seconded by Couu•
Gilman Welu. Carried by the follow-
ing vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
April 18, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
I herewith submit reports gf the
City Auditor, City Treasurer,
Clty Health Department and City
Water Works for 'the month of
March 1949, also list of claims
and list of payrolls for which wat•
rants were issued for the month
of March 1949.
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
following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
April 18, 1949
Tc the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Thia is to advise that I have
approved the following bonds and
desire to have your approval on
same for filing:
PERSONAL
Albin A. Rhomberg, Ctty Man•
agar, Continental Casualty Co.
John J. Kintzinger, City Solicitor,
Continental Casulty Co.
Robert P, Marshall, City Auditor,
Continental Casualty Co.
Edward M. Tschirgi, City Treas•
urer, Continental Casualty Co.
J. J. Shea, City Clerk Continental
~ Casulty Co.
Geraldine L. lenni, Secretary to
City Manager, Continental Casual•
ty Co.
R. J. Gallagher, City Engineer,
National Surety Corporation,
John C, O,berhauaen, Po 1 i c e
Judge, Continental Casualty Co.
John A. Brady, Clerk of Police
Court, Central Surety & Ins. Corp.
Donald J. Bandy, Building Com-
missioner, Continental Casualty Co.
Davie] J. O'Leary, Plun;bing Iu-
apector, Fireman's Fund Indem•
^ity Co.
Luvern C. Norton, Elect~ica] Iu•
spector, The Century Indemnity
Co.
Virgil Fay Chapman Milk In-
spector, Continental Casualty Co.
Mae A. Moore, Clerk-Health De•
partment, Indemnity Ins. Co, of
North Amorica.
John Joseph Hail, Supt. and
Cashier-Water Dept., Continental
Casulty Co.
Lucille H, Oster, Clerk-Stan-
ographer-Water Dept. Continen•
tal Casualty Co.
Marjorie Busch, Clerk-Typist-
Water Dept., Continental Casualty
Co.
Thomas P, Fitzpatrick, Clerk-
Water Dept., Western Surety Co.
Raymond A. Savory, Parking Me•
ter Maintenance Man and Collector,
Continental Casualty Co.
EXCAVATION
A. C. Mclnerny representing 0.
F. Kohl Company
Western Surety Co.
Bond No. 287892.49
Respectfully submitted,
A. A. Rhomberg,
Citq Manager.
Councilman Van Duelman moved
that the bonds be approved and
placed on file. Seconded by Coun•
Gilman Thompson. Carried by the
following vote;
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Yan Duel•
man, Welu.
Nays -None.
174 Special Session, April 18th, 1949
April 18, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gen4lemen:
The 8" sanitary. sewer in Wind•
sor Avenue from Lowther Street
northerly to Davis Street has been
completed in accordance with the
provisions of Ordinance No. 21.48.
The work has been inspected and
found to be in conformity with ~,
the plans and specifications. 1
therefore recommend that i~t be
accepted by the City Council.
Respectfully submitted,
A, A, Rhomberg,
City Manager
Councilman Welu moved that the
recommendation of City Manager
Rhomberg be approved. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
April 18, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
At the meeting of April 4, 1949
the communication of the Mettel
)fealty and Investment Company
offering to purchase Lot 1 of 6.
of 1 of Geiger's Sub for $125.00
was referred to the Council to view
the grounds.
The Council having viewed the
lot decided to accept the offer. I
recommend that the decision of
the Council be confirmed by the
passage of the attached resolution.
Respectfully Submitted,
A. A. Rhomberg,
City Manager.
Councilman Thompson move 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 Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
RESOLUTION N0. 110.49
Be It Resolved by the C 1 t y
Council of the City of Dubuque,
Iowa that it is deemed advisable
to sell Lot One (1) of Lot Five (5)
of Lot One (1) of Geiger's Sub-
division in the City of Dubuque,
Iowa to Mettel Realty and Invest-
ment Company for the sum of One
Hundred Twenty Five and No.
100 ($125.00) Dollars, and to ex-
ecute aquit claim deed of said
premises to said grantee a n d
deliver the same to him upon the
payment of said purchase price,
Be It Further Resolved that the
Mayor and Clerk of said City of
Dubuque be, and they are hereby
authorized to execute said deed on
behalf of the City of Dubuque, and
to affix thereto the official seal
of said city.
Passed, adopted and approved
this 18th day of April, 1949.
ALBERT WHARTON
Mayor
F. W, THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. Shea
City Clerk
Councilmen Van Duelman moved
the adoption of the resolution. Sec•
onded by Councilman Welu. Car-
ried by the following vote;
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
April 18, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Donald Weidenbacher is building
a new house on the N. ~ of Lot
1 of 1 of 1 of 1 of M. L, 20 located
on the west side of Laurel Street
and north of Cannon Street. Hn
desires to connect the property
with the sanitary sewer.
', I recommend that he be granted
permission to extend a six inch
sewer northerly in Laurel Street
from the present manhole in the
intersection of Laurel and Cannon
Streets a distance of 75 feet, and
that on completion and acceptance
by the City that said extended
sewer become a part of the public
sewer system. The attached resolu•
lion covering this subject is hereby
Special Session, April 18th, 1949 175
submitted and ite passage recom-
mended.
Respectfully submitted,
A. A. Rhomberg,
City Manager
Councilman Welu moved that the
recommendation of City Manager
Rhomberg be approved. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
RESOLUTION N0. 111.49
WHEREAS, Donald Weidenbach•
er desires permission to extend a
six inch sanitary sewer in Laurel
Street a distance of seventy five
feet northerly from the manhole
in the intersection oY Laurel and
Cannon Streets to serve his prem-
ises known as 899 Laurel Street,
under certain stipulated conditions.
NOW, THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque:
Section 1. That permission be,
and the same is hereby granted to
Donald Weidenbacher to extend a
six inch sanitary sewer in Laurel
Street a distance of seventy Yive
feet northerly from the manhole
in the intersection oY Laurel and
Cannon Streets to serve his pr~m-
ises known as 899 Laurel Street
and located on Lot 1 of 1 of 1 of-1
- of 1 of Mineral Lot 20.
Section 2. That the construction
of said sewer, which includes the
type of pipe and the location there-
of, shall be done only under the
supervision of the City Engineer.
Section 3. That after said sewer
has been ]aid and completed, the
street shall be put back in ae good
condition as it was before it was
.~ torn up far the purpose of receiving
said sewer, at the cost of Donald
Weidenbacher and said Donald Wef-
denbacher shall be held responei-
ble for any and all damages which
may arise out of the construction
thereof, failure to properly guard
the excavations and restore the
street to the condition it was in
l before the construction began.
Section 4. That after said san•
itary sewer has ,been completed
and accepted by the City Council,
it shall become a part of the sewer
system of the City of Dubuque
and thereafter all maintenance and
repairs of this sewer shall be done
by the City of Dubuque.
Section 6. That this resolution
shall be effective and in force and
effect from and after its passage
and adoption by the City Council
and written acceptance thereof by
the applicant.
Pawed, adoted and approved
this 18th day of April„ 1949.
ALBERT,WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAIQ
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest; J. J. Shea
City Clerk
ACCEPTANCE OF RESOLUTION
Donald Weidenbacher, h a v i n g
read the foregoing Resolution, and
having full knowledge of the terms
and conditions thereof, h e r e b y
accepts the same as adopted, and
agrees to comply with all t h e
terms and conditions, and assumes
all liabilities imposed upon him,,
including those set forth in Seo-
lion 4.
Executed This 12th day of May,
1949.
Donald Weidenbacher
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays -None.
April 18, 1949
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
At the meeting of April 4, 1949
the petition oY the Dubuque Pack•
ing Company requesting permis-
sion to erect and maintain a steel
bridge across Sycamore Street was
176 Special Session, April 18th, 1949
referred to the Council to view the
grounds and to the City Manager
for recommendation and report on
the technical details.
The Council having viewed the
premises and having consulted
with the City Manager concluded to
grant the Dubuque Packing.. Com-
pany permission to erect and main-
tain asteel bridge spanning Syca-
more Street with a minimum clear
ante of 22 feet. The proposed east-
erly supporting tower is not to be
erected in Sycamore Street for the
reason that this apace is reserved
far the location of a proposed san-
itary sewer, I recommend that the
above outlined permission be grant-
ed by the passage of the attached
ordinance.
Respectfully submitted,
A. A. Rhomberg
City Manager,
Councilman Van Duelman moved
that the recommendation of City
Manager Rhomberg be approved.
Seconded .by Councilman Russo.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nags -None.
ORDINANCE N0. 15.49
An Ordinance authorizing Du-
buque Packing Company, its suo-
censors and assigns, to erect and
maintain a steel bridge across Syca-
more Street for the Purpose of
supporting and housing cables and
pipes to be used in the manufac•
tore of ice, and declaring an
emergency, presented and read.
Councilman Thompson moved that
the reading just had be considered
the first reading of the ordinance.
Seconded by Councilman R u e s o.
Carried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Councilman Thompson move d
that the rules be suspended re-
quiring an ordinance to be read
on three separate days. Seconded
by Councilman Ruasc. Carried by
the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays - None.
Councilman Thompson move d
that the ordinance be placed on file
with the Citp Clerk for public ir.-
apection for at least one week be-
fore its final adoption. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
RESOLUTION N0. 112.49 _
BE TT 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 behalf of said
City.
Name-Address
George R. Jackson and J o e
Scheller; 1206 Iowa Street.
Joe Giunta; 2022 Central Ave•
nue.
BE IT FURTHER RESOLVED
that the bonds filed with t h e
applications be approved.
Passed, adopted and approved
this 18th day of April, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P, WELU
CouncilmeL
Attest: J. J. Shea
City Clerk
Councilman Van Duelman moved
the adoption of the resolution. Seo-
onded by Councilman Welu. Carriefl
by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays - None.
RESOLUTION N0. 113-49
WHEREAS, applications f o r
Class "B" Beer Permits have been
submitted to this Council for ap-
proval and the same have bean
examined: NOW THEREFORE,
BE IT RESOLVED by the Goun•
cil of the City of Dubuque that
F
Special Session, April 18th, 1949 177
the following applications be grant-
ed and the licenses are to be
issued upon the compliance with
the terms of the ordinances of
this City.
CLASS "B" PERMIT
Name-Address
George R. Jackson and Joe Schel•
ler; 1206 Iowa Street.
CLASS "B" PERMIT
FOR PRIVATE CLUB
Dubuque Golf Club; End of Ran-
dall Place:
Passed, adopted and approved
this 18th day oP April, 1949.
ALBERT WHARTON
Mayor
F. W, THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. Shea
City Clerk
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
RESOLUTION N0. 114.49
WHEREAS, heretofore appli-
c~tions for Class "B" $eer Permits
were filed by the within named
applicants and they have received
the approval of this Council; and
WHEREAS, the premises to bs
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 herahy
directed to issue to the following,
named applicants a Beer Permit.
CLASS "B" PERMIT
Name-Address
George R, Jackson and J e e
Scheller; 1206 Iowa Street.
CLASS "B" PERMIT
FOR PRIVATE CLUB
Dubuque Golf Club; End of Ran•
Ball Place.
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 18th day of April, 1949.
Councilmen
F. W, THOMPSON
Mayor
CLARENCE p, WELU
ROMOLO N. RUSSO
FRANK VAN DUELMAN
ALBERT WHARTON
Attest: J, J. Shea
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Seo-
onded by Councilman Thompson,
Carried by the following vote:
Yeas -Mayor Wharton, Council•
me Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
Co~incilman Welu moved that
the Council recommend to the Clty
Manager that the Chief of Police
and the Fire Chief be instructed
to make a survey of traffic con•
ditions at the bridge approach at
Locust and. Dodge Streets, at the
Five Points-Rhomberg and Gar-
field Avenues and Eim Street inter-
sections, at the intersection of 22nd
Street and other congested inter
sections during rush hours and to
submit a report and recommenda-
tion back to the City Council for
their consideration. Seconded by
Councilman Russo. Carried by the
following vote:
Yeas -Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
men, Welu.
Nays -None.
There being no further business
Councilman Van Duelman moved
to adjeurn. Seconded by Council-
man Russo, Carried by the follow-
ing vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
J. J. Shea.
City Clerk
Approved .................................. 1949
Adopted .................................... 1949
Councilmen { ......................................
Attest : ................................................