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1946 December Council Proceedings~Y 368 Special Session, November ?5th, 1946 onded by Councihuan Moffatt. Car- ried by the following vote: Yeas-Niayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays--Noce. Couucilman Murphy moved that the Parking Meter bids as sub- mitted be referred to the City Coun- cil for consideration. Seconded by Couucilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thmnpsou, Van Duehnau. Nays-None. There being no further husiness Counciluan Thompson moved to adjourn. Secmuled by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas--4ayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duehuan. Nays-None. J. J. SHEA, City Clerk Approved _____ ........... .. , 1941 Adapted . _.... ___. _ _, 1947 Councilmen: { ...................................... Attest : ..... ..................................... City Clerk. Regular Session, December ?tul, l~~h X69 City Council (OFFICIAL) Regular Session, December 2nd, 1946, Council met at 7:30 p.m. Present-1l~layor Wharton, Coun- ciluen Moffatt, 14Im•phy, Thompson, Van Duelman, City NIanag'er Rhont- berg'. Mayor Wharton stated that this is the regular monthly meeting of the City Council far the purpose of act- ing upon such business as may properly come before the meeting, Petition of W. J. Canfield, Jr. re- questing arefund on the unused portion of City License issued for the Red Lounge, Canfield Hotel, which was made inoperative since the fire on June 9, 1946, presented and read. Gouncihman Thompson moved that the petition be referred to the City Solicitor for investigation and report, Seconded by Councilman Moffatt. Carried by the fallowing vote: YeasMayor Wharton, Council- men -4offatt, Murphy, Thompson, Vau Duehuan. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of October, 1946, presentefl and read. Councilman Van Duelman moved that the proof oP publication be re- ceived and filed. Seconded by Coun- cihuan Thompson. Carried by the tO110wlllg Vote: I eas-Nlaym Whartml, Council- men II~Ioffatt, -~Iurply, Thompson, Vau Duehnau, Nays-Noce. Ordinance IV o. 40-46 An Ordinance amending' and changing the Zoning Map of the City of Dubuque as provided by Or- dinance No. 3-34, designated "Zon- ing Ordinance of the City of Du- buque" so as to extend the Local Business District at Central Avenue and 32nd Street northward to in- clude the area bounded by Central Avenue, 32nd Street, Jackson Street and the north City Limits line be- tween Central Avenue and Jackson Street, said ordinance having been passed upon first reading on No- vember 25th 194G and ordered plac- ed on file with the City Clerk for public inspection for at least ove weep before its final adoption, was presented for final adoptiou. Ordinance No. 40.4fi An Ordinance amending and chang- ing the Zoning llap of the City of Dubuque as provided by Ordinance No. 3-3I, designated "Zoning Ordi- nance of the City of Dubuque" so as to extend the Local Business District at Central Avenge and 32nd Sttreet northward to include the area bound- ed liy Central Avenue, 32nd Street, Jar-kson Street and the nm~th City Limits line between Cenh•al Avenue and Jackson Street. tiVhereas, it is deemed advisable by the City Council to amend the Zonfng N1ap of the City of Dubuque as provided by Ordinance No. 3-34, designated as "Zoning Ordinance of the City of Dubuque" so as to extend the Local Business District at Central Avenue and 32nd Street northward to include the area bounded by Cen- tral Avenue, 32nd Sheet, Jackson Street and the north City Limits line hetwee^ Central Avenue and Jackson Street. And, Whereas, Notice of such pro- posed change has been published as provided by law and an opportunity afforded to guy and all interested par- ties and citizens to object thereto at a public meeting held at 7:30 P.&1. Novemher 25th, 1946, in the Council Chamber i^ the City Hall. Aud. TPhereas,~ no objections have been filed or made to the proposed change. Now, Therefore, BE IT ORDANED BY 'rHE CITC COtiNCIL OP THE CITI OP DUBUQUE: Sec. 1. That the Zoning' Map and Zoning Ordin:u:ce of the City of Du- buque be, and the same is hereby amended and changed as follows: To extend the Local Business Dis- trict at Central Avenue and 32nd Sheet northward to include the area hounded by Cenha] Avenue, 32nd Sheet, Jackson Street and the north Citv Limits line between Central Ace- nue and ,Jackson Street. Sec. 2. This Ordinance shall be in force and effect ten clays from and after its final passage, adoptiou and publication as provided by ]atv. Passed upon first reading this 25th dap of November, 19I6. Passed, adopted and approved upon final reading this 2nd day of Decem- ber, 1946. ALBEP,T 1PHAP,TON lIa3'or h'1;ANIq PAN DUEL1fAN P. t8. 1'H0IIPSON GEO. R \[URPHI W. qP. MOFFATT Councilmen Attest: J. J. Shea City Cleric Puhlisherl officially in The Telegraph_ Herald ne•,vspaper this 5th day of De- cember, 1946. J. J. SHEA. City Clerk 370 Regular Session, December 2nd, 196 Councilman Moffatt moved the adoption of the ordinance, Second- ed by Councilman Murphy. Carried by the following vote: Peas-Mayor Wharton, Couuci]- men Moffatt, -4tu•phy, Thompson, Van Duelmau. Nays-None. Ordinance No. 41.46 Au Ordinance providing for the vacation of the alley extending easterly from the east line of Adams Street to the westerly lice of Lot 16 in Industrial Subdivision No. 2 in the City of Dubuque, and thence northerly along the wester- ly line of said Lot 16 to its intersec- tion with East Sixth Street in said City, and granting and conveying said alley to Varner Well Drilling Co. Inc., and declaring an emer- gency, said ordinance having been passed upon first reading ou No- vember 25th, 194G, and ordered placed on file with the Gity Clerk for public inspectiml for at least one weep before its final adoptimr, was Presented for final adoption. ORDINANCE N0, 41116 An Ordinance Uroviding for the va- cfiatimt of the alley extending eas- terly from the east line of Adams Street to the westerly line of Lot 16 iu Industrial Subdivision No. 2 in the City of Dubuque, and thence northerly along the westerly line of said Lot 16 to its intersection with East Sixth Street in said City, and granting and cow*e1'ing said alle3' to Canter R'ell Drilling Co. Inc., and declaring an emergency. WHEREAS Varner GG'ell Drilling Co. Inc. has petitioned this Council of the City of Dubuque fm the vaca- tion of the alley extending easterly ftrom the east line of Adams Street to [he tvestarly line of Lot 16 in In- dushiaL Subdivision No. S in the City of Dubuque, and thence northerly along the westerly line of said Lot Li to its intersection with East Sixth Sheet in said City', and f .the grant- ing and conveying of said alley to said Garner 1~'ell Drilling' Co. Inc.; and GF'HEREAS said petition was re- ferred to the Planning' and 7.onin Commission of said City fm• its recmnmendafion, and said Commis- sion has recommended such vaca- tion; and \VHEREAS aid alley is not used or needed fm- public purposes, and Garner \Fell Drilling Cn. Inc. is the owner of all real estate abutting upon said alley; NOGV. THEREFORE, BE IT OP,- D:IINED by the Council of the City of llubnque: Pm-. 1. That fhe alley extending easterly from the east line of Adams Street to the westerly line of Lot 16 in Industrial Sul-division No. 2, in tie City of Dubuque, thence north- erly along the westerly line of Lot 16 to its intersection with East Sixth Street in said City, be and the same is hereby vacated, Par, 2. That, in consideration of the smn of X1.00 and other valuable con- siderations, the receipt wheceof are hereby acknowledged, said vacated alley be and the same is hereby granted to Varner Well Drilling Co. Inc., and said Grantee shall cause said vacated alley to be platted by giving the same a distinct lot de- scription and, thereupon, the Mayor and Clerk shall convey said premises to said Grantee by Quit Claim Deed for and on behalf of the City of Du- buque. Par. 3 That the Clerk le and he is hereby directed to record this Ordi- nance in the office of the Recorder of Dubuque County, Iowa. Par. 4, This Ordinance, being deemed urgent and in the interest of the public welfare, shall be in force and effect from and after its final passage and adoption b}' the Council of the City of Dubuque and publica- tion ,as provided by law, and upon payment of the cost of publication by said Garner Well Drilling Co. Lm, Passed upon first reading this 25th day of November, 1946. Passed, adopted and approved upon final reading this 2nd da3' of De- cember, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELIIIAN, F, W. THOJIPSON, GEO. R. MURPHY, Gi'. \~~, MOFFATT, Councilmen. Attest: J, J. SHEA, City Clerk. Published officially in The Tele- graph-Herold newspaper this 5th day of December, 1946. .I. d. SHEA, 12-6-1 t, Ctty Clerk. Couucihuau Mw-phy moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Peas-Mayor Wharton, Council- men 11Ioffatt, D4urphy, Thompson, Van Duelmau. Nays-Noce. Ordinance No. 42.46 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated "Zon- ing Ordinance of ills City of Du- buque" so ae to change to "Local Business District" classification certain defined territory now being delimited as °Two Family" district, said ordinance having been passed upon first reading on November 25th, 194G and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- sented for final adoption, Regular Session, December 2114, 19=k~ 3i1 ORDINANCE N0. 42.46 An Ordinance amending and chang- ing the Zoning 11aU of the City of Dubuque as Urov~irled by Ordinance No. 3-34 designated "Zoning Ordi- ~ Hance of the City of Dubuque" so as to change to "Local Business Dis- trict" classification certain defined territory now being delimited as "Two Family" district. Whereas, it is deemed advisable by the Cit1' Council to amend the Zon- ing 1[ap of the City of Dubuque as provided by Ordinance No. 3-34, des- ignated "Zoning Ordinance of the City of Dubuque" so as to change to "Local Business District" classifica- tion certain territory hereinafter de- scrlbed, now delimited as "Two Fam- ily District"; And, G['hereas, Notice of such pro- - posed change has been Uublished as provided by law and an opportunity afforded to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 P. 14L, Oetoher 2Sth, 1946, iu the Council Chamber in the City Hall; And, GG'hereas, the objections oral- ly made to the proposed change have been weighed and considered and overruled by this Council. Now, Therefore BE IT ORDAINED I3Y THE CITY L'OU\CIL OF THE CITY OF DU- BUQUE: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque he, and the same is hereby amended and changed as follows: By changing from a "Two Family Residence District" classification to a "Local Business llistrict" classifica- tion: Lots 106, 107, lOS, 109 and 110 in Burden and Lowther Addition to ~`~~~ the City of Dubuque, Iowa Sec. 2. This Ordinance shall be in ~,; force and effect ten (10) days from and after its final passage, adoption and Unblication as Provided by law. Passed upon first reading this loth day of November, 1946. Passed, adopted and approved upon final reading this 2nd rlay of De- cember, 14-16. ALBERT 1tiHARTON. :Mayor. FR3Ni~ F'AN DUEL1fAN. F. W. THO,IIPSON. GEO. R. 11R1RPHY, w. w. nIOFFATT Councilmen. Attest: J. J, SHEA. Ciri• Cleric, "r Published officially in q'he Tele- graph-Herald newspaper this 5th day q~, of December. 1946. ,I. S. SHEA. 18-~-1t City Clerk, Councilman Van Duelmau moved ~~ the adoption of the ordinance. Sec- muled by Councilman Thompson. Carried by the following rote: a Peas--4ayor Wharton, Council- nleu 11'Ioffatt, Murphy, Thompson, Van Duelmau. Nays-None, `~'~i Ordinance No. 43-46 An Ordinance establishing a grade on Wooten Street Erma a point 100 feet west of the west line of lliineral Lot G9 to the west prop- erty line of James Street and Pea- body street, said ordinance having been passed upon first reading ou November 25th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented fw• final adoption, ORDINANCE N0. 43.46. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That a grade on Woot- en Street from a point 100 feet west of the vast lice of lIineral Lot G9 to the west property' line of dames Sheet and Peabody Street be hereby established and adopted as shown by the profile of said street and grade prepared ly the City Engineer, being profile Ne. 1327. Any ordinances or parts of ordinances conflicting here- with are hereby repealed. Bench lIark, a standard disc beneath the third window south of the northwest corner of the United States Post Of- fice buLlrliug at the intersection of Sixth Street and Locust, elevation 643.49. Said grade begins at station -1}00, which is 100 feet west of the west line of Mineral Lot 69, north curb eleva- tion 339.32, south curb elevation 535.92; thence to station -0}50, north and south curb elevations 539.45; thence to station 0}OG, north and south curb elevations S33.S7; thence to station C+5fi, north and south curb elevations 537.-10; thence to sta- tion 1+00, north and south curl ele- vations 535.04; thence to station 2+00, north and south curb elevations 529.44; thence to station 2}60, north and south cm•b elevations 526.96; thence to statimt 3{~00, north and south curb elevations 526.15; thence to sta- tion 3-x-50, uortlt and south curb ele- vations 323.95; thence to station 4}00, north and smith curb elevations 523.45; thence to station 4+50, north and south curl elevatimts S23.G1; thence to statimt 5}00, north and south curb elevations 3?4.42; thence to station 3113 which is the west property line of dames Street and Peabody Sheet, north and south curb elevations 332.ffi. Section H. This ordinance shall be in force and take effect ten (10) days from and after it, passage by the Cit}~ Council and its Unblication as regttired by law. Passed upon first reading November 26, 1946- Passed, adopted, and approved De- cember 2nd, 1946, ALBEP,T \CHARTON. :lfarm•. FR,4Sh PAN DUEL\IAN. F. 1C. 'PH01IP50N. CEO. P,. MURPHY. W. \C. 110FFAT'1'. Councilmen. Attest ,i.:I. SHEA, Cit}~ Clerk. Published officiall}' in The Tele- graph-Herald ^ewspaper this 6th day of December, 1946. d. S. SHEA, 12-5-1t. City Clerl{, 3%2 Regular Session, llecembcr 2nd, l~~t) Councilman Thompson moved the adoptimt of the ordinance. Sec- mtded by Councilman Van Duehnan, Carried by the following' vote: Yeas-1I'ayor Wharton, Council- men Nlaffatt, Murphy, Thompson, Van Duehnan. Nays-None. to plaintiff Annie Steffen, and that a warrant be issued to I~enliue. Roe- dell, Hoffman & Reynolds, Attor- neys for Annie Steffan, in the sum of $GOO.OQ and that the same be delivered, upon delivery to the city of a release, properly executed to- gether with a dismissal of the ac- tion, Iu re: llrs. Annie Steffan Honorable -4ayor and City Council, Dubuque, Iowa Gentlemen: A petition was filed iu the District Court of Dubuque County, Iowa, City of Dubuque, claiming damages in the sum of $5000.00, because of an injury re• ceived on or about February 10, 1940, fi'mu a fall by plaintiff on a sidewalk while walking west on the South sidewall. on Fourteenth Street, when she reached a point about twenty feet west of the south- west corner of the intersection of Fourteenth and White Streets, at a place where it is claimed the sidewalk was covered with rough, rowtded, uneven ice, which condi- tion was caused by water discharg- ed fi~ont a down-spout frmu a ffiliug station building owned by the Iowa Oil Company; that because of said fall plaintiff suffered serious and permanent personal injuries cou- siatiug of a fracture of the neck of the left lemur, and general nervous shock, causing her to suffer ex- m•uciating pain, nert~ousuess and discomfort, and permanent injury. That she incm•re[i expenses for medicine, surgical treatment and hospitalization. After Atmie Steffan connnenced action in tite District Court of Iowa, Dubuque County, I filed proceedings requesting the court to order the Iowa Oil Company to he brought in as a party defendant. The Court entered such order, and the Iowa Oil Company is now defendant in the action with the City of Dubuque. That negotiation far settlement have been had with the Attorneys fm' the plaintiff and defendants, and plaintiff has agreed to settle this case upon payment of $1500.00. The Iltstu•ance Company for the Iowa Oil Cmupauy has agreed to pay $1200.00. I am of the opinion that the city should pay the balance of $600.00. I recommend that this case be settled upon the city paying $600.00 JOHN J. I{INTZINGER, City Solicitor Councilman 114urphy ntove[l that the recommendation of City Solic- itor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $600,00 in favor of I{enline, Roedell, Hoff- man & Reynolds, Attm•ueys for Annie Steffan, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release together with a dis- missal of the court action, Second- ed by Couucihnan Moffatt. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Mtu•phy, Thmnpson, Van Duehnan. ays-None, November 30, 1946 To the Hmtorable Mayor and City Council, Dubuque, Iowa Gentlemen: We are attachiug~ hereto application for Class °B" Beer Permit frmu The Page Hotel to operate at 73-75 East Fourth Street. This is to advise that au inspec- tion has been oracle of this building by the Building, Plumbing and Elec- hical fnspectm's, the Fire Chief and the Assistant State Fire Marshall, D4r. Luberdeu, and it was found that this building does not comply with the State fire regulations iu regard to fire escapes. Therefore an of- ficial order to cotstruct and place a fire escape on this building has been served upon The Page Hotel. A time limit of sixty (60) days has been given to complete this instal- ]atiou, On September 19, 1946 an order was placed with Hall & Ev- erly by The Page Hotel to construct a fire escape on said building. Very truly yours, DONALD J. BANDY, Building' Inspector PERRY ICIRCH, Fire Chief Regular Session, December 2nd, 19-16 373 Couucihnan Murphy moved that the canuuunicatiou of Building IIt- spector Bandy and Fire Chief Birch be received1 and made a matter of record, Seconded by Councihuau Va.n Duehnan. Carried by the fol- lowing vote: Yeas-11laym~ Wharton, Council- men Moffatt, -'Iurphy, Thompson, Van Duehuau. Nays-Noce. Resolution Na. 17646 Whereas, applications for Class 'B" Beer Pernrits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. -Ianag~er be and be fs hereby direct- ed to issue to the following named applicants a Beer Permit. Class "B" Permit Name Address The Page Hotel, 73 75 East Fourth Street. Frank O'Rourke and Sarah \5'al- dorf, 37 Eighth Avenue. Be It Farther Resolved that the hmttls filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELNIAN, F. W. THOIIIPSON, GEO. R. -'IURPHY, W. W. -IOFFATT, Councilmen Attest: J, J. SHEA, City Clerlt Class "B" Permit Name Address The Page Hotel, 73.75 East Fourth Street. Frank O'Rourke and Sarah Wal- dorf, 37 Eighth Avenue. Passed, a[lopted and approved this 2nd clay of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELN'IAN, F. W. THOIIIPSON, GEO. R, MURPHY, tiV. tiV. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerlc Couucihnan Murphy moved the adoption of the resolution. Second- ed by Councilman ibIoffatt. Carried by the following vote: Yeas-Nlayor Wharton, Council- men Ntoffatt, Murphy, Thompsmt, Van Duehnan. Nays-None. Resolution No. 177-46 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within name[1 appli- cants and they have received the approval of this Cowtcil; and Whereas, the premises to he oc- cupied by such applicants have been iuspecte[1 and found to com- ply with the m•dinances of this City and they have filed a Proper bond: Now Therefm•e, Be It Resolved by the Council of the City of Dubuque that the Councilman Moffatt moved the adoption of the resolution, Second• ed by Couucihnan Van Duehnan. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, -lurphy, Thompson, Van Duehnan. Nays-None. There being' do further business Couucilnan Moffatt moved to ad- journ. Seconded by Councilman Thmnpson,_ Carried by the follow- ing vote: Yeas-Mayor \Vharton, Council- men Moffatt, Murphy, Thmnpson, Van Duelmau. Nays-None. J. J. SHEA, City Clerk Approved ............................. 1947 A[lopted ................................ , 1947 Councilmen: { .................................. Attest : ........................................... City Clerk, ,~ i ~' 3%4 Special Session, December 9th, 1946 City Coun~~ (OFFICIAL) Special Session, December 9th, 194fi. Council met at 7:30 p.nt. Present-Mayor' Wharton, Comt- cihnen I14offatt, Murphy, Thompson, Van Duelmau, City 114anager Rhont- berg. Meeting called by order of Couu• cilmeu Murphy and Moffatt. Mayor IVharton read the call and stated that service thereof had been duly made and that this meeting' is called for the purpose of consider- ing the bids submitted for furnish- ing' Parlting~ Meters and acting ou any other business as may properly come befm'e a regular meeting of the City Council. Councilman Van Duelmau 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 Couucilmau Thompson. Carried by the following vote: Peas-Mayor Wharton, Council- men Moffatt, Murphy, Thompsmt, Van Duelmau. Nays-None. Communication of Peter H. Mc- Carthy stating that he deems it necessary to again take up with the City Council the general subject of fire preventimt for the welfare of our citizens and submitting a number of suggestions to serve as safeguni'ds for the lives of citizens and the traveling public iu case of fire, presented and read. 11'Ir. Peter H. McCarthy addressed the Council in regard to his com- nnmicatiou. Councihuan IIIm•phy moved that the cmnmunication be referred to the City Council for consideration. Seconded by Councihuan Thwup- son. Carried by the fallowing vote: Teas-11~Iayor Wharton, Council- men -Ioffatt, 11lurphy, Thompson, Vau Duelrnan. Nays-None. Conmtunicatiou of Trades and Labm• Congress requesting that when Parking' Meters are being con- sidered by the City Council for in- stallation that Union made meters be considered and iustalJed, pre seated and read. Councihuan Murphy moved that the communication be referred to the Council for consideratimt. Sea mined by Councihuan Vau Duel- mau, Carried by the following vote: Yeas-Mayor Wharton, Council- men illoffatt, Murphy, Thompson, Van Duehuan. Nays-Noce. Comm~mication of the Dubuque Community Chest advising' that in accordance with the By-Carus of the Dubuque Conmtunity Chest, the 14Iayor bf Dubuque is requested each year to appoint members to the Board of Directors, presented and read. Councilman 1loffatt moved that the conununication be referred to the bIayor for action. Seconded by Couucilmau Murphy. Carried by the following vote: Peas-Mayor Wharton, Council- men 1ltoffatt, -Iurphy, Thompson, Van Duehuan. Nays-None. Petition of George C. Deyoe re- questing refunds on his Cigarette Permit No. 113 and on his Class "B" Bear Permit as he is discon- tinuing business on November 25th, 1946, presented and read. Councilman Van Duelntan moved that the request be granted and the City tluditor instructed to draw a warrant in the amount of $50.00 in favor of George C. Deyoe to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 113 and also to draw a warrant in the amount of ~5U.(lU iu favor of George C. Deyoe to cover the amount of refund granted on the unexpired portion of his Class °B" Beer Permit. Sec oncled by Councihuan -Ioffatt. Car- ried by the following rrote~: Peas-Mayor R'hartmt Council- men 114oftatt, Illnrphy, Thompson, Van Duelntan. Nays-None. Petition oP Herman Rollie, owner of Lat 1 of 1 oY Lot 26 iu G. H. West's Dubuque, on which is located a brick structw'e in part and a frame addition and garage in the rear thereof, stating that a survey ap- pears to show that the brick part of the buildiug extends aver onto the sidewalk on Thirty-second Special Session, December 9th, 19~4b 37~ Street a distance of aprpoximately tyro and one-half feet and the frame portion extends over a distance of approximately three and one-half feet and requesting that the City Council take action in vacating' a portimt of Thirty-second Street oe which his buildiug is located and also requesting' that the City of Du- buque execute a quite claim deed convoying the vacated portion of said Thirty-second street to the petitioner, presented and read. Councihuan Mw•phy moved that the petition be referred to the Planning' and Zmting' Commission for their recommendation and re- port. Seconded by Cowtcilman Vau Duelmau. Carried by the following vote: Peas-14layor IVharton, Council- men Moffatt, Murphy, Thompson, Van Duelmau. Nays-None. Petitimt of Roy Brown et al, Citizens and Businessmen of the City of Dubuque, requesting that equal and undiscrintinate enforce- ment of the Par9{ing Regulations be made as against all operators of motor vehicles who ttse the down- town parking areas, presented and read. Couucilmau Moffatt moved that the petition be referred to the City Cowtcil for consideration. Sec- onded by Councilman Mw•phy, Car- ried by the following vote: Yeas-Mayor Wharton, Council- men 14laffatt, Murphy, Thompson, Vau Dnehnwt. Nays-None. Petition of lIark Sh'ub et al re- questing the City Government to adjust the grade of West Third Street. from Grandview Ave. to A1- gaua Street to a proper' grade so as not to injure or harm their property, presented and read. Councilman Thompsmt moved that the petition be referred to the CinT Council to view the g'raunds. Seconded by Cmutcihnan 14urphy. Carried by the Yollowing vote: Teas-lfayor IVharton. Council- men Aloffatt, 1I[urphy, Thompson, Fan Duehuan. Nays-None. Council Proceeding's Ior the month of July, 1916, presented for approval. Councilman Van Duelmau moved that the Council Proceediug~s for the month of July, 1946 be approved as printed. Seconded by Council- man IVIoffatt. Carried by the follorv- iug' vote: Yeas-1VIaym' Wharton, Cotmcil- men Moffatt, 14urphy, Thompson, Van Duehuan, Nays-None. December 4, 1916 Honorable Mayor and -Iemhers of the City Council of Dubuque, Iowa Gentlemen: In re: PETITION OF MRS. KATIE MILLER for suspen- sion of taxes ou: Lots 9 an 10 of Johnson Sub, Dubuque, Iowa, ask- ing'that the 1945 taxes be suspend- ed because of ag'e, I recouttuend that said Petitimt be approved by the City Cowtcil of Dubuque, and notice of such approval be given to the Board of Supervisors of Du- bugtte County, Iowa. fours truly, JOHN J. KINTZINGBR, City Solicitor Cotmcihnau Murphy moved that the recouuueudation of City Solici- tor Rintzing'er be approved wtd the Board of Supervisors to be notified of the action taken by the City Council. Seconded Try Cowtcilman Moffatt. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelmau. Nays-None. December 5, 1946 Hmtorable l~fayor atul -4entbers of the City Council Gentlemen: With regard to the applicatimt Yfled Nov. 26, 1946, of unused portion of Class "B" Bem~ permit issued January 4, 194G, to W. J. Canfield, dr. It is provided by the Statute of Iowa: "Section 124.6 No refimd sha71 be made, however, for any permit sur- rendered more than nine months after issuence." The permit herein ryas issued Jan. 4, 194G, and the application for refund having' been filed more thou 9 mouths after issuence, there exists uo authority for the Council to make any refund. Respectfully yours, JCHN J. RINTZINGER, City Solicitor 376 Special Session, December )th, 19=16 Couucihnan 1l~Iurphy moved that the report of City Solicitor Kintz- fnger be approved. Seconded by Counciluan -Ioffatt. Carried by the following rote: Teasilfayor Wharton, Council- men Moffatt, lfurphy, Thompson, Van Duehuan. Nays-None, Ordinance No. 44.46 An Ordinance regulating the op- eration of tali-cabs within the City of Dubuque and fixing the rates and prices to be charged for the transportation of passengers from mte part of the City to another, re- pealing all ordinances in conflict herewith and providing a penalty fm• a violation thereof, presented and read. Councilman Van Duelntan moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Mm•phy. Carried by the fol- lowing ti~ote: Yeas-Mayor Wharton, Comrcil- men Moffatt, 1l4urphy, Thompson, Van Duelman. Nays-1\'one. Cottucihnan Van Duelntan moved that the rules be suspended requir- ing an ordinance to be read on three separate clays. Seconded by Councihuau 11Ioffatt. Carried by the fallowing vote: Yeas-Maym• Wharton, Council- men ll7offatt, Murphy, Thompson, Van Duelman, NaysI\'one. Councihuan Van Duelman moved that the or[linarrce be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Comrcilman Thompson. Carried by the fallowing' vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duehuan. Nays-None. Gouncihuau Murphy moved that 300 Parking Meters be purchased from M. H. Rhodes htc., of Hart• fm•d, Cann. Seconded by Couuci]- man Van Duelmm~. Carried by the following vote: Yeas--Councilman Moffatt, Mur• phy, Thompson, Van Duelman. Nays--Mayor Wharton, Proposal of 112. H. Rhodes Inc., Hartford, Coup, together with pro• posed fm•m of contract, far the hmishiug of Parking Meters to the City of Dttbuque, presented and read. Cotmcflman Thompsmr moved that the proposal submitted by 17. H. Rhodes Inc., of Hartford, Couu., for the furnishing of Parking -feters to the City of Dubuque, Iowa, be accepted, machines to be of the penny-nicl[el type with hours of operation designated 9:00 a. nr. to 6:00 p. nr., Fridays 9:00 a, m. to 9:00 p. nr., Sundays and Holidays excepted, also that the form of con- tract be approved and the llaym• and City Cler]{ instructed to exe- cute sail contract on behalf of the City of Dubuque, Iowa. Secoude[l by Councilman Murphy. Carried by the following vote: Yeas-Couucihnen Moffatt, Mur• phy, Thompson, Van Duehuan, Nays-Mayor Wharton. There being no further business Cotmcilman Van Duelman moved to adjourn. Seconded by Council- man Murphy. Carried by the fol• lowing vote: Yeas-Mayor Wharton Council• men I1Ioffatt, Murphy, Thompson, Van Duehuan. Nays-None. J. J. SHEA, City Clerlt Approve[l .. ............................, 1947 Adopted ..............................., 1947 Councilmen: ~ .................................... Attest : ......... ............................... City Clerk, Special Session, Decenther 16th, 19-16 377 City Coun~~ (OFFICIAL) Special Session, December 16th, 194G. CouncIl met at 7:80 p.nt. Present-]ayor IIharton, Coun- cilmen 14offatt, 1lIurphy, Thmnpsou, Van Duelntan, City -Ianager Rhom- berg. I1~Ieeting' called by order of Cmut- cilnren iFiurphy and -4offatt. Mayor' IVharton read the call and stated that service thereof had been duly made and that this meetiug~ is called fm' the purpose of con- sidering the bids submitted fm• the constructimt of the Iiaufinann Av- enue Sanitary Trunlc Server also fm' the purpose of conducting a public hearing upohi the Plans, specifications, form of contract and cost of improvement for the clear- ing', grubbing and grading of IVoot- en Street from -IcClain Street to the west lice of lames Sheet and Peabody Street 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 to con- tractors of the receipt of proposals for the cmtstruction of the Iiauf- mann Avenue Sanitary Trwrk Sew- er from the present manhole at the south property line of 16th Street and IVhite Street to the intersec- tion of 22nd Street and White Street thence westerly along Kauf- mann Avenue to the old City II'ater Works, thence southerly in the valley west oY Clarl.e College to the north property lice of Lot 72 of Finley's Additimt, thence south along aline five feet east of the west proem°ty line of Lot 72 of Finley Addition to the center of the alley north of Hazel Sheet, thence west to the intersection of said alley and St. Ambrose Street, Hence south to the intersection of St. Ambrose Street and Hazel Sheet, thence west to a point fif- teen feet east of the old corpm•a- tiou lice, thence south to the inter- section of Seminary Sheet, thence westerly along Stout Road and As- bury Road to a manhole at the in- tersection of Asbury Road and Hill- crest Road. Councilman Van Duehuan moved that the Proof of publication be re- ceived and filed. Seconded by Coun- cilman Moffatt, Carried by the fol- lowing~ Tote: Yeas-111aym• Wharton, Councfl- nten Moffatt, 1llurphy, Thompson. Van Duelman. Nays-None. December 16, 1946 To the Honorable -~layor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived unkil 10:00 o'clock a, m. December 1G, 191G for the construc- tion of the Kaufman Avenue Sani- itary Trunh Sewer. Three bids were received as shown on the attached tabulation. I reconunend that the contract for the Kaufmann Avenue Sanitary Trunk Sewer be awarded to do• seph Veutrella and Son doing busi- ness as Mancini and Venh°ella and Sort of Chicago, Illinois at their bid price, this being the lowest bid received. Respectfully submitted A, A. RHOMBERG, City 1~Ianager Councilman Murphy moved that the recommendation of City Mana- ger Rhoinberg be approved. Second- ed by Councilman Thompsmr. Car- ried by the following vote: Peas-11laym' IVharton. Council- men 14offatt, Mm°phy, Thompson, Van Duelman. Nays-None. (AWARDING CONTRACT) Resolution No, 178-46 Whereas, proposals have been submitted by contractors fm• the construction of the Ifattfmanu Ave- nue Sanitary Trttuk Sewer from the present manhole at the south propm•ty lice of 16th Street and White Street to the intersectimt of 22nd Street and White Street, thence westerly along Kaufmamt Avenue to the old City Watm• works thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south almrg a line five feet east of the west property line of Lot 72 of Finley's Addition to the center of the alley north 378 Special Session, December 16th, 19-46 of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fifteen feeE east of the old corpm•atimi line, thence south to the intersection of Semin- ary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of As- bury Road and Hillcrest Road ptu•suant to Resolution No. 164-4G and 7oseph Ventrella and Son do• ing business as Mancini and Ven- trella and Son of Chicago, Illinois contractor, has submitted the low- est bid for the fmvishing of all labor and materials and perforat- ing the work as provided for in the plans and specifications; norv therefore, Ee It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Joseph Ventrella and San doing business as 11lancini and Ventrella and Son of Chicago, Illinois and the Nlana- ger be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for on week on December 16th, 194G. Councilman Van Duehnan moved that the resolttion be approved and placed an file fm' one week far pub- lic inspectimt. Seconded by Couu• Gilman Moffatt. Carried by the fol- lowing vote: 5'eas-Mayor 1Vharton Council- men llloffatt, 1l'furphy, Thompson, Van Duelmau. Nays-Norte. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans, specifi- cations, form of contract and cost of improventeut for the clearing, grubbing and gradiug~ of ~Vooteu Street front McClain Street to the west line of .Tames Street and Pea- body Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the tune set for the public lteariug, Councilman Van Duehnan moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thompson. Carried by the following vote: Peas--R4ayor Wharton, Council- man -foffatt, Murphy, Thompson, Van Duehnan. Nays-None. (Decision of Council upon objec- tions to plans, specifications, form of cmttract and cost of improve- ments.) Resolution No. 179-46 Whereas, proposed plans and speeificatioms and form of contract for the clearing, grabbing' and grad- ing of bVooten Street from McClain Street to the west line of James Street and Peabody Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1921, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 16th day of December, 1946; and Whereas, the City Council met in special session this 16th day of December, 1946, at ~ :30 o'clock p.m. at the Council Chambers iu the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specificatimts or con- tract for or cost of the improae meat herein described and pro- posed to be me,de; and jVhereas, all interested parties have been given an oppm-hutity to he heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Ccun- cil of the City of Dubuque, that all objections which have been made and tiled to the plans, specifica- tions, contract fm• or cost of said improvement herein described and proposed to be made, be and the salme are hereby overruled and Special Session, December 16th, 19-46 379 such plans, specifications and form of contract heretofore approved are hereby adopted, Be It Eurther Resolved that this resolution containing' the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent rec- ord iu connection with said iut- provement. Passed adopted and approved this 16th day of December, 1946. ALBERT «'HARTON, Mayor FRANK VAN DUELIIAN, F. W. THOIIPSON, CEO. R. 11IURPHT, w. w. MoFFATT, Councilmen Attest: J. J. SHEA, City Clerk Attest: 7. 7. SHEA, proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed within thirty (30) calendar days after date of contract. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Passed, adopted and approved this 16th day oP December 1946. ALBERT WHARTON, 11layor FRANIf VAN DUEL114AN, F. W. THO-4PSON, GEO, R. 11IURPHF, W, jV. MOFFATT, Councilmen Councilman Moffatt moved the adoption of the resolution, Secomd- ecl by Councilman Thompson. Car- ried by the fallowing vote: Leas-1~Iayor Wharton, Council- nten Moffatt, Murphy, Thompson, Vau Duehnan. Nays-None, (ORDERING CONSTRUCTION) Resolution No, 180.46 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resohitimt of necessity No. 170-46 which was duly passed by this Council, for the clearing, grubbing and g'rading' of Wooten Street from 1~IcClain Street to the west line of James Street and Pea- body Street be and the saute are hereby ordered and emtstructed by this Council upon its own ntotimt and rcith or without the petition of property owners. All the wm-k shall be constructed iu accordance with the plans and specifications here- tofore adopted and now on Pile in the office of the Cit3~ Clerk. Be It Farther Resolved that the cost and expense of the said im- provements be paid out of the com solidated fund, street construction fend, or partly out of each of said funds after the work has been completed and accepted by the City Cotutcil. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for City Clerk Councilman 114urphy moved the adoption of the resolution, Second- ed by Councilman 111offatt. Carried by the tollawing~ vote: Teas-I1laym~ Wharton, Council- men Moffatt, Murply, Thompson, Vau Duelmau. Nays-None. Councilman Thompson moved that the rules be suspended far the pm•pose of allowing any one present in the Comtcil Chamber, who wishes to do so, to address the Council. Seconded by Council- man Murphy. Carried by the follow- ing vote: Peas-11~Iayor 1~Vharton, Cowtcil- men -loffatt, 1~Iurphy, Thompson, Van Duelmau. Nays-None. Dr. A. lI, hoes addressed the Council stating that he represented the property located mt the South- east corner of Seventh and Central Avenue and norv occupied by a tav- ernoperated by ~lnthouy Moes, and that -Ir. floes has not been given a renewal mt his Beer Permit due to the fact that there is no fire es- cape on this building. Dr. Loes stated to the Council that it is iut- possible at this time to secure a fire escape and requested Comtcil to g'raut hoes Tavern a renewal of his Class "B" Beer Permit. Cmumm~ication of Ilda Bavendick submitting petition signed by J. V. I~eppler et al, citizens and taxpayers f I Ij I 380 Special Session, December 16th, 19=16 of the City of Dubuque who are iu favor of the Mt, Carmel bus route chaug~e, and asking the City Coun- cil to give serious and prmnpt cam sideratimt to the proposed rerout- ing of bus service, presented and read. Messrs Dave Hartig' and Harold Nachtntan addressed the Cotutcil in support of the petition for change in the 11It. Carmel bus route. Councilman Thompson moved that Cho conuuunication and peti- tion be referred to the City Council, City 11~Ianager and City Solicitm• to meet with the officials of the Inter- state Potver C'ontpauy for the pur- pose of discussing the petition. Seconded by Councilman Murphy. Carried by the follotviug vote: Peas-Mayor Wharton, Council- men Moffatt, -Iurphy, Thompson, Van Duelman. Nays-None. Messrs Homer Golden and Leo Eisbach and Mrs, Rafot.h addressed the Cotutcil renewing their request that bus service be established on the Park Hill District. Communication of J. Burroughs stating that he considers the alley adjoining Lots 3i to 41 of Rose Hill Addition oft the Northwest unneces• sary and therefore he wishes to have it vacated, presented and read. Councilnan 1Vlurphy moved that the cmunttmication be referred to the Planning and Zmting Commission for their recmnmendatimt and re- port. Seconded by Councilman Van Duelman. Carried by the follotving~ vote: Peas-1lIayor GVhartmt. Cowtcil- nten Moffatt, Murphy, Thompson, Van Duelntau. Nays-None. Petition of Welkin H. Mauer, 2215 Ureen Street, requesting per- mission to build a second story en- trance at the rear of his house, pre- sented and read. Councilman Mof- fat moved that the Petition be re- ferred to the Planning and Zoning Commission for their recommenda- tion and repm•t. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Comtcil- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None, Petition of Peter Pedersen re- questing permission to erect a sip roost General Timber Service, Inc, prefabricated house in the City of Dubuque, Iowa, presented and read. Councilman Murphy moved that the petition be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-.lIayor IVharton, Cou~cil- men 114ofPatt, Rlurphy, Thmnpsou, Va11 Dllelmall, Nays-Norte. Petition of Emmet J. Kavanaugh requesting permission to erect a xis room General Timber Service, Inc, prefabricated house in the City of Dubuque, Iowa, presented anti read. l~ir. Emmet J. Kavanaugh ad- dressed the Council stating that permission for the erection of pre- fabricated houses as outlined in his petition has been grouted in otlter Cities in Iowa and requested that his petition be grouted. Councilman Murphy moved that the Petition be received and filed. Seconded by L'ouncihuan Thompson, Carried by the following vote: Yeas-Illayor Wharton, Couucil- nten Moffatt, Murphy, Thompson, Vau Duelman, Nays-None. Petition of C, B, Wymer et al re• questing that the emergency meas• ure or ruling due to wartime regu- lations, n°hich has eliminated the bus stop on the west side of Soutl Grandview Avenue between Dodge and \Vhelau Streets, be lifted, pre- sented and read. Councilman Mur- phy moved that the petition be re- ferred to the City Council, City 14anager and City Solicitor to meet with the otcials of the Interstate Power Company to discuss the peti- tion. Seconded by Councilman Vau Duelman. Carried by the following vote: Yeas-il4ayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays-None, Petition of Ott Grocery, Joseph J. Ott, requesting a half year re- fund tut his cigarette license as he is discontinuing business on Decem- ber 31st, 1946, presented and read. Councilman Vau Duelman moved that the request be granted and the Special Session, December 16th, 1916 :i81 City Auditor instructed to draw a warrant in the amount of X50,60 in favor of Ott Grocery, Joseph J. Ott, to cover the amount of refund granted on the unexpired portion of the cigarette license, providing that the cigarette license is pre- sented for cancellation on or before December 31, 1946. Seconded by Councilman IlIurphy. Carried by the follaw•ing vote: Teas-Mayor 1Vharton, Council- men 1Iaffatt, I1lurphy, Thompson, Van Duehuau. Nays-None. Petition of Lloyd Burkart request- ing the reaouiug of Lots 4, 5 and 6 of Burkart's Subdivision froth resi- dential to business purposes, pre- sented and read. Councilman Mur- phy motred that the petition be re- ferred to the Planuiug~ and Zoning Commission for their reconmtenda- tiou and report. Secmtded by Couucihuan Vau Duelman. Carried by the follotviug vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thmnpsou, Van Duelman. Nays-None. Ordinance No. 44-46 Au ORDINANCE REGULATING THE OPERATION OF TAXI-CABS WITHIN THE CITY OF DUBIIQUE AND FIXING THE RATES AND PRICES TO BE CHARGED FOR THE TRANSPORTATION OF PAS- SENGERS FRO-~I ONE PART OF THE CITY TO ANOTHER, RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH A N D PROVIDING A PENALTY FOR A VIOLATION THEREOF, said ordi- nance having been Passed upon first reading' on December 9th, 1946, and ordered placed on file with the City Clerk for C>ublic inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 44-46 AN ORDINANCE REGTJLA T I V G THE OPERATION OF T1 SI-CABS WITHIN THE CITY OF llCBUQUE AND FIRING THE RATES At\'D PRICES TO BE CHARGED FOR THE TRANSPORTATION OF PAS- SENGERS FROM ONE PART OF THE CITY TO ANOTHER, RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH A N D PROVIDING A PENALTY FOR A VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COi'NCIL OF THE CITY OF Dti- BL'QUE: SECTION I. The following rates and prices for the tranePortxtimr of passengers by taxi-cabs are hereby fixed as the rates and Prices to be charged fm' services rendered b1~ the means above. stated, to-t~~it: (a) For tuts Passenger frmu mre part of the Cih~ of Dubuque to any other pert therenf, including such passenger's ordinary luggage, the stun of SOc. (b) For two or more passengers uP to and including Pine passe~rg~ers Prom mie part of the Citti~ to anc other part thereof, including such pas- senger's ordinary lugg~lge, the sum of Gac. (c) tVhere two or more passen- gers hoard a tali-cab at the same place, from that place to any other parts of the City as designated by each passenger, the first passenger alighting shall Pap u4c; and each other passenger shall pay 26c as he leaves the taxi-cab at his destina- tion. These fares include the pas- sengers' ordinary luggage. (d) 4t'aiting time roay be charged fm• on the following terms: At the rate of $3.00 per hours Na charge shall be made Yor waiting time miler ten minutes. SECTION 2. Every vehicle oper- ating as a tali-cab shall have exposed in a conspicuous place to clear view within the Passengers' comparhuent a printed table large enough to be read by thn passengers iu the taxicab, of the fixed rates; and it shall he rm- lawful to operate or pe~7nit to be op- erated any such vehicle unless said rates are pouter] as lrerei^ provided. Each time ataxi-cab is operated and permitted to be operated carrging a passenger or Passengers without so posting the rates as aforesaid shall constitute- a separate offence. SECTION S. It shall be unlawful for sire operator of any tali-cab to stop, Park nr drive about the streets and public places of Dubuque, and by word, sign or signal solicit Passengers for his vehicle; but nothing herein shall he construed to prevent the tak- ing on of passengers an}-inhere within thg city upon the request of any such persmis. SECTION 4. All ordinances or parts of ordinances in conflict here- with are hereb}' repealed. SECTION ii. In case any section, clause or Provision of this ordinance be declared to he invalid, such de- cision shall not affact the validity of this ordnance, other than the Pact so declared to be invalid. SECTION 6. Any person, firm or corporation who violates any pro- eision of this ordinance shall be deemed guilty of a misdemeanor and upo^ conviction shall be fined not more than $100.OQ and in default of such fine and costs shall be imprison- ed for a period of not exceeding thirty (30) da3's in jail. SECTION 7. This ordinance shall be in force and effect ten (10) days frmn and after its final passage, adoption and publication as by law provided. Passed upon first reading this 9th day of December, 1946. 382 Special Session, ~Decembel• 16th, 19-4h Passed, adopted and approved upon final reading this 1Gth day of De- cember, 1JI0. ALB);RT 1VHARTON. 11fa3'or. FRANK VAN DUEL\IAN. F. IP. THO\[PSON. GEO. R. ]IliRPHY. S~'. It'. ~110FFATT. Council:ven. Attest: J. J. SH);a, Cit}' Cleric. Published oPPicially in The Tele- graph-Herald nenspaper this 1Sth clay of December, 1946. J. ,I. SHEA, 12-1S-1t. City Clerla. Councilman Van Duehnan moved the adoption of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Teas-11Taym° Wharton, Council- man Il4offatt, Murphy, Thompson, Van Duehnan, Nays- None. Ordinance No. 45.46 AN ORDINANCE VACATING THE FOLLOIVING: EAST 13th STREET FR014 THE EAST LINE OF lIAPLE STREET TO THE EAST LINE OF CEDAR STREET; CEDAR STREET FROM T H E NORTH LINL++' OF EAST 13TH STREET NORTHERLY TO A POINT 51.3 FEET FROM THE SOUTH LINE OF EAST 14th STREET; THE ALLEY BE'PIpEEN DIAPLE AND CEDAR STREETS FR01~I THE NORTH LINE OF EAST 13th STREET TO A POINT 51.3 FEET SOUTH OF EAST 14th STREET; PROVIDING FOR THE CONVEYANCE++' OF SAID VACAT- ED STREETS AND ALLEY TO THE ABBUT'1`ING OlI'NER, pre- sented and read. Councilman Van Duehnan moved that the reading just had be considered the first reading of the ordinance. Seconded by Couucihnan Moffatt. Carried by the following vote: Yeas-:vlayor 1Vharton. Coupcil- ntar, llol'fatt, ?Ilnrphy, Thmnpson, Vau Duelmau, Nays-Norte. C'ounciintan Vau Duelmau moved that lire rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Couucihnan Murphy. Carried by the following vote: 1 eas111ayor \I'harton, Council- man Moitatt, 11Iurphy, Thompson, \"au Duelmau. Nays- Atone. Councilman Vau Duelmau moved that the ordinance be placed ou file with the City Clerk fm• public in- spection for at ]east one week be- fore its final adoption. Seconded by Councilman Murphy, Carried by the following vote: I"eas-iVIayor Wharton, Council- man Moffatt, 11lurphy, Thompson, Van Duelnan. Nays- None. Dubuque, Iowa, December 11th, 1946 To the Hmtm•able Mayor and 1'Iemhers of the City Council City of Dubuque, Iowa Gentlemen: I^ accordance with the provisions of the Cade oY Iowa, 1946, the Civil Service Cmuntission conducted a promotional examin- nation for the position oY Head Pub- lic Health Nurse, said examinatimt being held Naaember 2Gth, 194G. The Civil Service Commission herewitt submits the names oP those who passed this examination with an average of 70% or better. Name Average Harriet L, Hilton 94% Respectfully submitted, E. B. LYONS Chairman. C. S. HARI{ER R. lI. BENN Commissioners. Attest: J. J, SHEA Clerk. Subscribed and srvmn to before me a Notary Public this 12th day of December. 1946. Geraldine L. Demlcier. Ntotary Puitlic. Councilman Murphy moved that the report he received and made a platter of record, Seconded by Councilman l~ioffatt. Carried by the fallowing vote: Leas-Mayor IVhartmt, Council- man ,Moffatt, 1Iurphy. Thompson, Fan Duelmau, Nays- None. Dubuque, Iowa, December 11th, 1946 To the Honorable .lIayor and lIembers of the City Council City of Dubuque, Iowa Gentlemen: hi accordalce with the. provisions of the Code of Iowa, 194G, the Civil Service Commissimt conducted a competitive examina- Special Session, December 16th, 19'6 383 lion for the purpose of creatiug~ an eligible list for the Position of Pub- 1_ic Health Ntu•se, said examination being' held December 11th, 194G. The Civil Service Commission herewith submits the names of those who passed this examination with an average of i 0% or better. Name Average Mrs. Lois Holthaus 93% Respectfitlly submmitted, E, B. LIONS. Chairman. C. S. HARI{ER, R, ibl. Benn. Commissioners. Attest: J. J. SHEA Clerk. Subscribed and sworn to before me a Notary Public this 12th day of December, 1946. Geraldine L. Demlcier. Notary Public, Councilman Moffatt moved that the report be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following' vote: Teas-Mayor IVharton, Council- man Moffatt, Murphy, Thompson, Vatt Duehnan, Nays- None, Dubuque, Iowa, December 11th, 1946. To the Hmtm•able -4ayor and l~iembers ot- the City Council City aY Dubuque, Iowa Gentlemen: In accordance with the provisions oY the Code of Iowa, 194G, the Civil Service Commissimt conducted a competitive examina- tion for the Purpose of creatiug~ an eligible list Yor the Position of Cleric-Stenographer, said esamina- timt being held December 11th, 194G. The Civil Service Connuission herewith submits the names of tho=e who passed this examination kith au average oY i0°Je or better. Name elverage Alice Alderson C1 ;'o :Marie B. Linlc 51% Respectfully subnnnitted, E. L'. LI.ONS. Chairman. C. S. HARDER. R. ll. Benn. Commissioners. Attest: J, J. SHEA Clerk, Subscribed and sworn to before me a Notary Public this 12th day of December, 194G. Geraldine L. Denilcier. Notary Public. Couucihnan Thompson moved that the report be received and made a matter of record. Seconded by Councilman -Ioffatt. Carried by the following vote: Teas-lIayor ~Pharton, Council- men MoPPatt, Murphy, Thompson, Van Duehnan. Nays-None. Dubuque, Iowa, Deceutber 11th, 1916. To the Honorable Il~Iaym~ and 14entbers of the City Council City of Dubuque, Iowa Gentlemen: Iu accordance with the Provisions oY the Code of Iowa, 194G, the Civil Service Commission conducted a competitive examina- tion for the Pw~pose of creating au eligible list for the position of Food and Restaurant Inspector, said examination being held December 11th, 194G. The Civil Service Commission herewith submits the names of those who passed this exantiuatimt with an average of 70% or better, Name Average Sylvia Jewell 53% H. J. IVymer 53% Thmnas P. Fitzpatrick 81% Edw, L, Gilgann SOt% L. B. Hinman i5~o Pespectfully sulmtitted, E. B. LIONS. Chairman. C, S. HARDER. R. lI, BENN. Commissioners. Attest: J. J. SHEA Cleric. Subscribed and sworn to before me a Notary Public this Lth day of December, 1946. Geraldine L. Demlcier. Notary Public. Couucilntan Van Duehnan moved That the report be received and made a matter of record. Seconded by Couucihnan Thmupsou, Carried by the following trote: Teas--lIayor Wharton, Council- me^ llotfatt, Dlurphy, Thontpsou, Van Duehnan. Nays-None. 384 Special Session, December 16th, 1946 December 14, 1946, ~ December 16, 1946. To the Hmtorable Mayor To the Honorable Maym• and City Council, and City Council, Dubuque, Iowa. Dubuque, Iowa, Gentlemen: In the case of ex- police matron -4rs. Florence Lem- per vs, the City of Dubuque the District Court found that Police matrons shall receive not less in aup case than the mimm~um salary paid to policemen in the city in which they are appointed. (Section 5661, 1939 Code of Iowa). The City was directed to pay the salary dif- ferential for a period of five years back with 5% interest, which has since been dente. Miss Mary Broke, police matron, is entitled to similar treatment. She was not paid the minimum salary of policemen antil November 16, 1945. Therefore there is owing to her the salary differential for the five year period froth Noveut- ber 16, 1940 to November 16, 1945 with interest to date. As com- puted by John Brady, timekeeper For the Police Department, and Robert Marshall, City Auditor, this amounts to $1,296.40 net difference iu salary, $232.39 in interest, or a total of $1,528.19 after the amount of $13.10 has been retained far pmt- sion payments, I recommend that the City Couut• cil direct the issuance of a warrant in favor of Maty Bnt9te in the sum of $1,528.79 and a warrant in favor of the Police Pension Fund in.the stun of $13.10 as payment in fall of the salary of -4ary Burke, police matron. Respectfully submitted, A. A. RHOA4BERG, City Manager. Councilman Thompson moved that the recommendation oY City iVIanager Rhomberg be approved and the City Auditm• directed to draw a warrant in the amount of $1,528.79 in favor of Mary Burke and a warrant in favor of the Police Pension Fund in the amount of $13.10 as payment iu full of the salary of Mary Burke, police mat- ron. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays-None, Gentlemen: Request has been made to the Btulding Department for variation from the building code in regard to chimneys. One code re- quires a chinmey of masonry or other approved iucontbnstible materials from the foundation to at least two feet above the highest point of the roof, having a soot clean-out and to be lined through- out with terra cotta Otte lining. It is requested that in lieu of the above, the City permit the use of transite pipe or equal extending front the top gas bm•ning heating units to a point two feet above the point of the roof from which the floe issttes. The question is pre- sented to the Council for determi• nation. Respectfully submitted, A. A, Rhontberg, City Nlanag'er, 11~Ir, James Goddard addressed the Council in support of the request made to the Building Department. Councilman 114urphy moves] that the City Solicitor be requested to Pre- pare aproper ordinance to amend the Building Code as requested. Seconded by Councilman Van Duel- man. Carried ity the following vote: Yeas-Mayor Wharton, Council- men Itloffatt, -4urphy, Thompson, Van Duehuau. Nays-None. Resolution No. 181-46 WHEREAS, application for Class 'B" Beer Petauit has been submit- ted to this Council for approval and the same been examined: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the following application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name. Address Jolm E. Benda and Joseph J. Hes- selnan,343 Eighth Avenue, Special Session, December 16th, 1946 38~ Passed, adopted and approved this 16th day of December, 1946. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F. W. THOI'IPSON, GEO. R. -IRPHY, W. ~V. 114OFFATT, Councilmen. Attest: J, J. SHEA, City Clerk, C'otmcilnan Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Couucil- men Moffatt, Murphy, Thompson, Van Duehuau. Nays-None. Resolution Na. 182.46 WHEREAS, applications f o r Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have been examined: Now, Therefore, Be It Resolved by the Couucil of the City of Dubuque that the following applications be granted and the licenses are to he issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Frank J. Paar, 1828 Central Av- enue. Harold Chatfield, 2093 Washing- ton Street. Passed, adopted and approved this 16th day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, ~V. W. MOFFATT, Cowtcilueu Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duehuau. Nays-None, Resolution Na. 183.46 Whereas, heretofore application for Class "B" Beer Permit was filed ly the within named applicant and it has received the approval of this Council; and Whereas, the premises to he oa copied by such applicant have been inspected-and found to comply with the ordinances of this City and he has filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plicant aBeer Permit. Class "B" Permit Name Address Frank J, Paar, 1828 Cenh•al Av- enue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 16th day of December, 1946, ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R, MURPHY, `V. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Counciluan Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Couucil- men Moffatt, \4urphy, Thompson, Vau Duelman. Nays-None. Resolution No. 184-46 Be It Resolved by the City Coun- cil of the City of Dubuque that the fallowing, 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 Franlt J. Paar, 1828 Central Av- enue. Angela E. Martin, (Effective 1-1- 47), 280 Locust Street. Alfred and Lillian Hedley, (Ef- fective 1-1-47), 579 Eighth Avenue. John L. & Robert E. Cahill, (Ef- fective 1-1.47), 2003 Washington Street. 1 386 Special Session, December 16th, 194-6 Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted anti approved this 16th day of December, 1946. ALBERT WHARTCN, Nlayor FRANK VAN DUELNIAN, F. W, THCMPSON, GEC. R. MURPHY, W. W. MOFFATT, Councihueu Attest: J. J. SHEA Gity Clerk Councilman Thompson moved the adoption of the resolution. Sec- oudecl by Councilman Van Duel- man. Carried by the following' vote: Teas--4ayor Wharton, Council- men Moffatt, -Iurphy, Thompson, Vau Duelmam Nays-Noce. Resolution Na. 185.46 'uVhereas, a plat has been filed by Dubuque Homes, Inc., iu which "Lots 18, 19, 20, 21 and 22, Sister's Addition iu the City of Dubuque, Iowa" are platted as Stetmore Subdivision A Subdivision in the City of Du- buque, Iowa; and Whereas, said Plat has been duly examined,investig~ated, and approv- ed by the Planting and Zoning Couunission of the City of Du- buque; and Whereas, upon said plat are streets designated as "Theisen Street" and "Jenni Street"; and Whereas, the owner has upon said plat dedicated said streets to the public; and Whereas the City Council has examined said plat and has been fully advised in the matter, finds that said plat conforms to the City Ordinances relatiug~ thereto; and Whereas, the City Council fur- ther finds that the dedicatimt of "Theisen Street" and "Jenni Street" shoulfl be accepted and cou- firnred and THAT THE SAID PLAT SHOULD BE APPROVED. lUhereas, the City Cotutcil finds that au S" Sanitary Sewer has been built and paid for by Dubuque Homes, Inc. as follows: 327 lin. feet in Theisen Street 241 tin. feet in Jenni Street 563 liu. feet at a total of $1,599.44. Said cost being at the rate of $2.04 per front foot on the real estate abutting on said streets; and that other owners of real estate abutting on said street shall have the right to connect iota said sani- tary sewer upon the payment of $2A4 per front foot of the property of the applicant to Dubuque Hotnes, Inc., its successors or assigns; and Whereas, Theisen Street and Jenni Streets are new streets un- improved, and the Council is of the opinion that said streets should be improved by placiug~ of a 6" ntaca- daan base with asphalt wearing sur- face on all of Theisen Street and the Easterly half of Jenni Street wtih a combination concrete curb and gaiter on both sides of Theisen Street and the easterly side of Jenni Street; and Whereas, the Engineer's esti- mated cost for said improvement is as follows: 937 lin, ft. of 24" concrete cony bination curly an[l gutter r~ $2.25 per lin, foot .................._....$2,220.75 1450 sq. yds. 6" macadam base with asphalt wearing surface @ $2,00 per square yard ...._.,.. 2,900.00 Estimated Total Cost, ..,$5,120.75 And, Whereas, it is the opinion of the City Council that said improve- ments should be made on or before July 1, 1947, that the plat filed herein be approved upon Dubuque Homes, Inc, filing' with the City Cleric a Surety Company Bond in the sum of $5,000.00, which bond must be approved by the City Cont- cil, said hood to insure the con- struction and completion of the int- provemeuts on Theisen and Jenni Streets on or before July 1, 1941. and said bmul to provide for cony pliauce with the provisions of Or- dinance No. 23-45, Subdivision Or- dinance of the City of Dubuque, and especially Sec. IV thereof. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: Sec. 1. That the dedication of "Theisen Street" and "Jenni Street" upon the plat of "STET140RE SUBDIVISION" be, and the same are hereby accept- ed fm• the purpose for which they are thus dedicated. Sec. 2. That the plat of "Lots IS, 19, 20, 21 and 22, Sister's Ad[litian Special Session, December 16th, 1946 387 in the Gity of Dubuque, Iowa, and which will be hereafter known as "Stetmore Subdivfsion" containing lots 1 to 19, inclusive, Theisen Street and Jenni Street" be and the same is hereby approved and the Mayor and Clerk are hereby direct- ed to endorse the approval of the City of Duhuque upon said plat provided: 1. That the "Dubuque Homes, Inc." sign the written acceptance and agreement hereto attached, ag'reeing' to comply with all the terms anti conditions contained in this Resolution and the following: Tltat all persons living' along, and adjacent to the sanitary sewers on Theisen and Jenni Sheets shall have the right to cmmect with said sanitary sew- er but such right shall be granted by the City Council of Dubuque upon Application be- ing made to said Council and by Applicant paying' to the City Treasn•er for Dubuque Homes, Inc., its successors or assigns, the sum of $2.04 per frmtt foot for the property of Applicant abutting' upmt Thei- sen or Jenni Street, b: That Dubuque Homes, Inc. file with the City Clerk a surety company perforntanee bond in the amount of $5,000.00, ac- ceptable to the City Council, insuring' the construction and completion of the improve- ments on Theisen Street and Jenni Street on or befm~e July 1, 1947 by a 6" macadam base with asphalt weariug~ surface ou all of Theisen Street and the Easterly half of Jenni Street, and a concrete em'b and gutter an both sides of Theisen Street and the Easterly side of Jenni Street, all as hereinbefore set out, all to he done with the a~- proval of the City illauager, Passed, adopted and approved this 16th day of December, 1946. ALBERT WHARTON, Mayor FRANK; VAN DUELMAN, F. R'. THOIIPSON, GEC. RR. -IL'RPHY, IV. W. MOFFATT, Councilmen Attest: J. J. SHEA, Acceptance of Resolution No. 185.46 Dubuque Homes, Dtc. by author- ity of its Board of Directors, with full kuowledg~e and understanding of all of the terms and conditions of Resolution No, 185 46, hereby accepts the same as adopted, and agree to abide by, comply with and carry out all of the terms and con- ditions thereof. Executed this 17th [lay of Decenr her, 1946. DUBUt~UE HOMES, INC. By C. E. Mettel President A. J. Miluu Secretary Councilman 11'furphy moved the adoptimt of the resolution. Second- ed by Councilman Moffatt, Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Performance Bond of the Du- buque Homes Inc, as Principal and Massachusetts Bonding and Insur- ance Compatry as Surety in the amomtt of $5,000.00 insuring the construction and completion of the improvements of Theisen Street and Jennie Street on or before Juiy 1, 1947, presented for approval. Councilman Moffatt moved the Performance Bond be approved and placed ou file. Seconded by Council- man Thompson. Carried by the fol- lowing' vote: Yeas-Mayor Wharton, Council- men Moffatt, -lurphy, Thompson, Van Duehnan. Nays-None. -4ayor IVharton announced the appointment of Councilman W. IV. Moffatt and Councihueu F. IV. Thmnpson a5 the two members to represent the City of Dubuque on the Board of Directors of the Du- buque Community Chest. There being no further business Councilman Van Dttehnan marred to adjourn. Seconded by Council- man Thompson. Carried by the fol- City Cleric Lowing vote: 388 Special Session, December 16th, 1946 Yeas-Mayor Whartmt, Council- men Moffatt, Murphy, Thompson, Van Duehnau. Nays-None. J. J. SHEA, City Clerk Approved ............................... 1947 Adopted ................................. 1947 Attest : ................................................ City Clerk. i Special Session, December 23rd, 194ti 389 City Council (Official) Special Session December 23rd, 1946. Council met at 7:30 P. 114. Present-11laym~ j~irharton, Coun- cihuen -~Ioffatt, Murphy, Thompson, Van Duelman, City 11lanag'er Rhour berg. 14eeting called by order of Cowt- cilmeu Vau Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consid- ering for final adoption Resolution No. 17346, a resolution awarding the contract for the construction of the ISaufntann Avenue Sanitary Trunk Sewer to Joseph Ventrella and Sou doing business as Mancini and Ventrella. and Son of Chicago, Illinois, and acting on any other business as may properly come be- fore aregular meeting of the City Council. Councilman Murphy moved that the rules be suspended for the purpose of allowing any present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp- son, Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt. Murphy, Thompson, Van Duehnau. Nays-None. Communication of Peter H. Mo- Carthy suggesting that the contract for the construction of the I{uaf- tnann Avenue Sanitary TrmIl{ Sew- er be submitted to the City Solici- tor to give a legal opinion on the implications and possible complica- tions from the standpoint of the City of Dubuque of each separate paragraph, presented and read. Mr. Peter H. McCarthy address- ed the Council at some length in regard to his suggestions as out- lined in his communication relay tive to the awarding of the con- tract for the construction of the Kaufmann Avenue Sanitary Trunk Sewer. Mr. Peter H. McCarthy upon being questioned by City Solicitor Kintzinger admitted that he was not a taxpayer in the City of Du- buque. Councilman Thompson moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- meu Moffatt, &Iurphy, Thompson, Van Duelman. Nays-None. (AWARDING CONTRACT) Resolution No. 178.46 Whereas, proposals have been submitted by contractors for the construction of the Iianfmann Av- eutte Sanitary Trtutk Sewer front the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd Street and White Street, thence westerly along Kaufmann Avenue to the old City Water Wm9ts, thence southerly in the val- ley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Fin- ley's Addition to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corporation line, thence south to the intersec- tion of Seminary Street, thence westerly along Stout Road and As- bury Road to a manlmle at the in- tersection of Asbury Road and Hill- crest Road pursuant to Resolution No. 164-4G and Joseph Ventrella and Son doing business as Mancini and Ventrella and Smt of Chicago, Illinois contractor, has submitted the lowest bid far the furnishing of all labor and materials and per- fm•ming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the cattract for the above mentioned improvement be awarded to Joseph Ventrella and Son doing business as Mancini and Ventrella and Son of Chicago, Illinois and the Mana- ger be and he is hereby directed to execute a contract on behalf of ri 390 Special Session, December 23rd, 1946 the City of Dubuque for the tour plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of imnuleiate necessity become ef- fective from and after its passage and adoption by the City Cowrcil. Approved and placed on file for one week on December 1Gth, 1946. Passed and adopted this 23rd day of December, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, tiV. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Couucilmau Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Maym• ZVhartou Council- men Moffatt, Murphy, Thompson, Van Duehuau. Nays-Noce. Communication of the United States Conference of mayors advis- ing that by action of the Executive Committee of The United States Conference of Mayors that the City of Dubuque has been invited into the membership of the Conference beginning on January 1, 1947, pre• sented and read. Councilman Murphy moved that the cmnnnmicatimt be received and filed, Seconded by Councilman -'Iof- fat. Caned by the following vote: Yeas-Mayor Wharton, Cotutcil- men lfoffatt, -4urphy, Thmnpson, Van Duelman. Nays-None. Petition of Louis and Raymond P. Wright requesting refunds ou the unexpired portions of their Cigarette Permit No. 223 and their Class "B" Beer Permit No. 41, as they have discontinued business ou December 16, 1946, presented and read. Couucihuau Vau Duelman moved that the request be granted and the City Auditor instucted to draw a warrant in the amount of $50.00 iu favor of Louis and Raymond P. tiUrig~ht to cover the amount of re- fund granted mt the unexpired por- tion of their Cigarette Permit No. 228 and also to draw a warrant in the amount of $100.00 in favor of Louis and Raymond P. Wright to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 41. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Mm•phy, Thompson, Van Duelmam. Nays-None. Petition of Barbara A b i t z, (Charles), referred to the City Council by the Board of Super- visors requesting suspensimr of the 1945 taxes on 1-3 Interest on Lots 50 and 51 Grandview Addition, pre- sented and read. Conncihnan Van Duehuau moved that the petition be referred to the City Solicitor for iuvestigatiou and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-Norte. Petition of Frank J. Dougherty (lllary Agnes), referred to the City Council by the Board of Super- visors, requesting suspension of the 1945 taxes on 1.3 interest ou Lots 172 and 173 Union Addition, pre sented and read. Conncihnan Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Cotmcilman I1Iurphy. Carried by the following vote: Teas-Mayor Wharton, Couuci]- meu il4offatt, Murphy, Thompson, Vau Duelman. Nays-Noce. Petition of John Framer, Dec'd., (Theresa), referred to the City Council by the Board of Super- vism•s, requesting snsl~ension of the 1945 taxes mr 1-3 Interest on Part of Lot 1GS Hant's Additimt, presented and read. Conncihnan Van Duelman moved that the petition be referred to the City Sclicitor for investigation and repm~t. Seconded by Cotmcilman Murphy. Carried by the following vote: Yeas--Zayor Wharton, Council- men Dloffatt Murphy, Thompson, Van Duelman. Nays-None Special Session, December 23rd, 19'Ib 391 Petition of Jos. Prmnenschenkel, ' Dec'd., (Louise), referred to the City Council by the Board of SuP- ervisers, requesting suspension of the 1945 tales on 1.3 interest on Lot 43 of Linehan Park Adidtimt, presented and read. Couucilmau Van Duelman moved that the petition he referred to the City Solicitor fm• investigation and report. Seconded by Conncihnan Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Vau Duelman. Nays-Noce. Petition of Minnie Rosenthal Decd (Peter), referred to the City Council by the Board of Super- visors requesting suspension of the 1945 taxes on 1.3 interest on the East 5G feet of North 25 feet of Lot 5G1, presented and read. Councilman Vau Duelman moved that the petitimt be referred to the City Solicitor for iuvestigatiou and report. Secmuled by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Vau Duelman. Nays-None. Petition of Jos. Sitterly, Dec'd., (Lena), referred to the City Coun- cil by the Board of Supervisors requesting suspension of the 1945 taxes on 1-3 interest on Lot 44 of Stafford's Add., presented and read. Councilman Van Duelman moved that the Petition he referred to the City Solicitor for iuvestigatiou and report. Seconded by Councilman l[urphy. Carried by the following vote: Yeas--'Iayor Wharton, Council men Moffatt, 14urphy, Thompson, Van Duelman. Nays--Norte. Petition oL' Lucas 5trub, Dec'd.. (Formal, referred to the City Coun- cil by the Board of Supervisors, requesting suspension of the 1945 tales mt 1 3 interest on Lot 3 of A. -IcDaniel's Sub. West i/ of Lot S1G of A. McDaniel's Sub., present- ed and read. Couucilmau Van Dttehnan moved that the petition be referred to tle City Solicitor for investigation and report. Seconded by Councilman 14m•phy. Carried by the following vote: Yeas-Mayor Wharton, Cowtcil• men Moffatt, &Iurphy, Thompson, Van Duelman. Nays-None. Petition of Prank Thieving, Decd. (Caroline), referred to the City Council by the Board of Super- visors, requesting suspension of the 1945 taxes on 1-3 interest on Lots 7 and 8 of Rodger's Suh., 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 Whartmr, Conneil- men -4offatt Murphy, Thompson, Van Duelman. Nays-None. Conununication of Arthur C. Kauf- man sttbmitting~ offer in the amount of $125.OD for the Purchase of Lot 1 of McCraneys 1st Addition and Lots 116, 117, 118 and 119 Part of Ham's Addition, presented and read. Councilman Thompson moved that the communication be referred to the City Council to view the grounds. Seconded by Couucihmau Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Ordinance No. 45-46 Au Ordinance vacating the fol- lowing': East 13th Sheet from the East line of Maple Street to the East line of Cedar Street; Cedar Street front the Nm•th line aY East 13th Street northerly to a point 51.3 feet from the South line of East 14th Street; the alley between Maple and Cedar Streets from the Nm th line of Eeast 13th Street to a point 61.3 feet South of East 14th Street; Providing for the cmrvey- auce of said vacated streets and alley to the abutting owner, said ordinance having-been passed upon first reading on December 1Gth. 194G, and ordered placed on file with the City Clerk for public iitspectiou for at least one week before its final adoption, was presented for final adoption. E /' 392 Special Session, December 23rd, 1946 ORDINANCE NO. 45.46 AV ORDINANCE VACATING THE FOLLO\VI'NG: EAST 13TH STREET FR01I THE EAST LINE OF MA- PLE STREET TO THE EAST LINE OF CEDAR STREET; CE- DAR STREET FROM THE NORTH LINE OF E9ST 13TH STREET NORTHERLY TO A POINT 51.3 FEET FROM THE SOUTH LTNE OF EAST 1JTH STREET; THE :\LLEY EETIFEEN .MAPLE ANll CEDAR STREETS FROM THE NOP.TH LINE OF EAST 13TH STREET TO A POINT 51.3 FEET SOUTH OF EAST 11TH STREET; PROVIDING FOR THE CON- VETANCE OF SAID VACATED STREETS AND ALLEY TO THE ARUTTI'NG OWNER. WHEREAS, a petition has been filed requesting the vacation of cer- tain parts of streets and alley, above described; and jVHEREAS, said application was referred to the Planning and Zoning Commission of the City of Dubuque; and WHEREAS, said Planning and Zon- ing Cmnmission, after due investiga- tion, filed a written report recom- mending that the parts of the sheets and alley above described he vacated and conveyed upon certain condi- tions; and WHEREAS, there appears tc be no valid objections to the vacation of the parts of the said streets and alley heretofore described; NOW, THEREFORE, RE IT OR- DAINED IV THE CITY COUNCIL OF THE CITY OF DUBUQUE: SECTION 1. That that part of East 13th Street from the East Line of Maple Sheet to the East Line of Cedar Street, Cedar Street from the North Line of East 13th Street, north- erly to a point 51.3 feet from the South Line of East Nth Street, and that part of the alley between 17aple and Cedar Streets from the north line of East 13th Street to a point 51.3 feet south of East 14th Street, be and the same are hereby vacated. SECTION 2. That in consideration of the emtveyance by the applicant of Lots 2S1 and 345 in East Dubuque Addition to the Citv of Dubuque the vacated areas he granted and con- veyed to the A. Y. 11IcDonald Manu- facturing Company subject to the reservation that all sewers, drains and water mains located upon or within the vacated areas shall continue to be the property and under the su- pervision and control of the City of Dubuque, its offificers and employees, inchtding the right and power to enter upon the premises for all proper pub- lic uses and purposes and, in the event of any repairs, replacements or relocations become necessary in or upon such sewers, drains and wa- ter mains or services because of any actio^ or conduct upon the part of the A. Y. McDonald llanufachiring Company, its agents or employees, such servers, drains and water mains and services shall he repaired, re- built or relocated at the expense oP said A. Y. McDonald Manufacttu•ing Conpany. SECTION 3, That the Applicant shall cause a plat to be made wherein that part of the streets and alley now being vacated shall each he given n legal description. SECTION I, Tba the Mayor and Clerk of Dubuque are hereby au- thm•ized to execute a quit claim deed conveying that part of the streets and alley above described to the A. Y. illcDonald :Ilanufaehu•iug Contpanc subject to reservations here- in referred to. SECTION 5. That said deed shall be delivered to the A. Y. McDonald Manufacturing Cmnpauy upon deliv- ery to the Clty of Dubuque of a war- ranty deed by A. Y. 1IcDonaldltanu- fachtring Company, conveying to the Clty of Dubuque Lot 2S1 and Lot 345 in East Dubuque Addition in the City of Dubudue, SECTION G. That the City Clerk he and he is hereb}~ directed to file a certified copy of this Ordinance in the office of the County Recorder of Dubuque County, Iowa. SECTION 7. That this Ordinance shall be in force and effect from and after its final passage, adoption and approval by the City Council, publi- cation as Provided by law and when the cost of publishing same has been paid for by petitioner. Passed upon first reading December ls, ls4s. Passed, adopted and approved upon final reading this 23rd day of Decem- ber, 19.16. ALEERT tiVHARTON, lfayor, FRANK VAN DUELIIAN, F, W. THOIiPSON, GEO. R. hIURPHY, W. \V. MOFFATT, Attest: Councilmen. J. .T. Shea, City Clerk. Published offtcially in The Tele- graph-Herald newspaper, this 27th day of December, 1946. J. J. SHEA, 12-27-1t City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Wharton, Counci]- me^ Mofaftt, Murphy, Thompson, Vau Duelman. Nays-None. Ordinance No. 46-46 An Ordinance amending the "Building Code of the City of Du- buque, Iowa," by permitting dif- ferent type chimneys for gas burn- ing heating units, presented and read. Couucilntan Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinauce. Seconded by Councilman Moffatt. Carried by the following Vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Special Session, December 23rd, 1946 393 Councilman Vau Duelman moved that the rules be suspended requir- ing au ordinance to be read mt three separate clays. Seconded by Councihman Thompson. Carried by the following' vote: Yeas-1llayor SVharton, Cottncil- men Moffatt Murphy, Thmnpson, Van Duelman. Nays-None. Couucilntan Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption, Secmtded by Coutcilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Mw'phy, Thompson, Van Duelman. Nays-None. its properties without installing the sewer mains in Valley View and ASblll'y Stl'eet. It is my recommendation that Or- [linance No. 29-46 be amended by deletuig from the second paragraph of Section 1 the following two parts: "912 lineal feet of sanitary server in Asbury Street from the east line of Avalon to the west line of Chaney, at which point it shall enter into an existing manhole" and "175 in Valley View." The ordi- nance amending Ordinance No. 29-46 should also provide fm' an acceptance on the part of the Iotiva Development Company as did the original. Respectfully submitted, A. A. RHOMBERG, City Manager December 20, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I am submitting ]terewith reports of the City Audi- tor, City Treasw•er, Health Depart- ment and City Water Department, also list of claims and list of pay- rolls for the month of November, 194s. Respectfully submitted, A. A. RHOMBERG, City Maatager Couucilntan Thompson moved that the reports be received and placed on file. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Mofatt, Murphy, Thompson, Van Duehuan. Nays-None. December 23, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of November 25, 1946 the conunuuica- tion of E. B. Mathewson Company informing the City that the Iowa Development Company does not in- tend to install sanitary sewers in Valley View Road and in Asbury Road was referred to the City Man- agter for recommendation and re- port. I have looked into the matter and find that the Iowa Development Company has revised its plans of connecting some of the lots and is able to provide sewer facilities for Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved and the City Solicitor requested to prepare the proper ordinance. Seconded by Couucilntan Van Duelman. Carried by the following vote: Peas-Mayor Wharton, Council- men Mofaftt, Murphy, Thompson, Van Duelman. Nays-None. December 23, 1946 To the Honm'able Mayor slid City Council, Dubuque, Iowa Gentlemen: At the nteetiug of November 25, 1946 the offer to Mrs. Grace Shireman to purchase Lot 15 of Union Addition Por $125,00 was referred1 to the Council to view the grounds. The Council having visited the premises decided to accept the of- fer. I recommend that the decision of the Council be confirmed by the passage of the attached resolution. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Moffatt moved that the recommendation of City Mana- ger Rhmnberg be appfoved. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. 394 Special Session, December 23rd, 196 Resolution No, 186.46 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that it is deemed advisable to sell Lot Fifteen (15) of Uuiou Addition in the City of Dubuque, Iowa to Grace Shireman for the sum of One Hundred Twenty-Five and nc-100 ($125.00) Dollars, attd to execute a quit claim deed of said premises to said grantee and deliver the same to her upon the payntemt of said purchase price. Be It Further Resolved That the Mayor and Clerk of said City of Dubuque be, and they are hereby authorized to execute said deed on behalf of the City of Dubuque, and to affix thereto the official seal of said City. Passed, adopted and approved this 23rd day of December, 1946. ALBERT WHARTCN, Mayor FRANK VAN DUELMAN, F. W. THCMPSCN, GEC. R. MURPHY, W. W. MCFFAT, Councihneu Attest: J. J. SHEA, City Clerlc Councilman Tltmnpson moved that the request be granted, Sec- muled by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Councilman Mm~phy moved that Mrs, 1label R, Hoffmann be ap- pointed as a member of the Library Board to fill the unexpired term of Mrs. R, V. McKay, recently deceas- ed, said term expiring July 1, 1947. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thmnpson, Van Duehuan. Nays-None, There being no fm•ther business Couucihnan Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt Mm•phy, Thompson, Van Duelman. Nays--None. J. J. SHEA, City Glerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Petition of Peter Pedersen re- questing' permission to erect a sis roam General Timber Service, ltc., prefabricated house iu the City of Dubuque, Iowa, presented and read. Councilman Thompson moved that the request be granted. Second- ed by Councilman Moffatt. Carried lY the following' vote: Yeas-Mayor Wharton Comtcil- men Moffatt, Murphy, Thompson, Van Duelman. Nays-Norte. Petition of Emmet J, Kavanaugh requesting permission to erect a six roots General Timber Service, Inc. prefabricated house in the City of Dubuque, Iowa, presented and read. Approved ............................. 1947 Adopted ................................. 1947 Councilmen: ~ .................................... Attest : .................................... City Clerk,